Divorce Guide

Divorce Guide

Getting Minnesota Divorce

Divorce is a trying and challenging situation for both the parties concerned, irrespective of the state they reside. Getting Minnesota divorce is not an easy task as it involves a lot of legal hurdles through which the couple has to go through. The points which states the terms and conditions of a Minnesota divorce are listed below. These points will help one to understand the laws and regulations about filing a divorce in the state of Minnesota.

Residency Requirement for Minnesota Divorce

One of the spouses must reside in the state of Minnesota for at least 180 days before filing a divorce. Divorce could be filed in the county where either spouse resides.

No Fault Divorce

Minnesota is a ‘no fault divorce’ state. Previously, divorces were only granted for specified reasons such as infidelity or abandonment. This resulted in irreconcilable differences between the spouses. Each spouse started showing the other one as a bad person. Like most states, Minnesota has eliminated fault from its statues. Currently, a divorce is granted only on irretrievable differences in a marriage.

Legal Separation

Getting Minnesota divorce doesn’t require any grounds for a legal separation. The court shall grant a decree of legal separation on the petition filed by one or both the parties, provided neither party contests the granting of the decree. A legal separation could be turned into a divorce by any party by filing an answer requesting the modification.

Simplified Divorce Process

A simplified divorce process is available under the circumstances where the parties have:

  • No living minor children have been born or adopted by the parties before or during the marriage, unless someone other than the husband has been judged as the father
  • The wife isn’t pregnant
  • The couple have been married for less than eight years, as of the date they file during their joint petition
  • Neither of them owns any real estate
  • None of them have any unpaid debts more than $8000, excluding encumbrances on automobiles
  • The total market value of the marital assets does not exceed $25000, including net equity on automobiles
  • Neither party has non marital assets more than $25000
  • Neither spouse has been a victim of domestic abuse by the other.

Property Distribution

Irrespective of marital misconduct, there is an equal distribution of the marital property in Minnesota. Equal does not exactly mean mathematically equal, but the court relies on all the relevant factors including the duration of the marriage, prior marriage of any spouse, age, health, amount and sources of income, liabilities, needs, and income of each party.

While getting Minnesota divorce, the court also considers the contribution of each spouse in the acquisition, preservation, appreciation or depreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker. Sometimes, it is conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as a couple.

Minnesota divorce cases comprise of all the related issues discussed above. Each of the above issues is very important when the couple heads for a divorce. Unless all these issues are understood and the papers are duly signed by the couple, the court cannot grant a divorce.

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