Divorce Guide

Divorce Guide

Minnesota Divorce Rights

A spouse filing a case for the dissolution of marriage in the state of Minnesota has to fulfill some of the residency requirements as per the divorce laws of the state. According to the chapter five of the Minnesota Statutes, any of the parties involved in the case has to be a resident of the state for a minimum period of 180 days immediately before the commencement of the case proceedings. If the court at any time after the commencement of the case or before the proceedings have started, discovers that the parties do not fulfill the residency requirements of the divorce laws of the state, the court may dissolute the divorce rights of the parties.

Any spouse filing the case of the dissolution of marriage in Minnesota, must declare the grounds for seeking the divorce, in order to exercise his/her rights of divorce in the state. The court where the case is filed is the District court or the county court of the state of Minnesota. As per the chapter five of the Minnesota Statutes, the county court or the district court can grant the dissolution of the marriage if the court discovers that the marital relationship has irretrievably broken down. It should be noted that the marriage is considered to have been broken down irretrievably if the spouses have been living separately for 180 days and there is no scope of any reconciliation.

The district court or the county court, as the case may be, requires the petitioner to submit the petition dissolution of marriage and a decree of dissolution at the time of filing the case. The court also requires a confidential information form, financial affidavit, marital termination agreement, form 11 and the entire summons in order to start the proceedings of the case.

Minnesota is the state which follows the principle of the equitable distribution of property. According to the divorce rights of the state, spouse can demand an equitable distribution of the property. This equitable distribution of the property does not mean an equal distribution of the property; it however means a just and fair distribution of property. The court respects any agreement reached between the two parties. If however, the two parties fail to reach any agreement so as to divide the property, the court can exercise its power to decide the case.

A number of factors are considered by the court while deciding the spousal support and the property division. The issue of child custody and the child support also invariably depends on the terms of the distribution of the property between the two parties. Length of the marriage, age and health of the parties, any prior marriage of the parties, employability and vocational skills of the parties, contribution made in the acquisition of property during the marriage period are some of the factors considered.

Spouses in Minnesota also have the right to decide the future of the child after the divorce. The court strives its best to provide emotional and physical welfare of the child. The court makes sure that any agreement reached between the two parties should be in the best interests of the child. If the two parties do not reach any agreement, the court decides the issue of child custody after considering factors such as the wishes of the child, relationship of the child with parent, child’s adjustment, child’s intimacy towards each parent and many other factors. The court also follows the percentage of income formula so as to decide the support obligation of the parties involved.

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