Divorce Guide

Divorce Guide

Minnesota No Fault Divorce

According to MN no-fault divorce laws, divorce can be obtained in the state of Minnesota on the basis of no-fault grounds only. If a spouse files for divorce and states that the marriage has “irretrievably broken down” owing to “irreconcilable differences” or “incompatibility of temperament”, then the courts would grant the divorce. Here, none of the spouses need to establish or prove any “wrong doing” on the part of the other spouse. Unlike other states that grant divorce on the basis of “fault grounds” as well, the state of Minnesota considers all divorce cases as “no-fault” and only during child custody matters or property division does it look into the “wrongdoing’ of the other spouse.

Residential requirements in Min no-fault divorce

Minnesota no-fault divorce laws specify that at least one of the parties must have stayed for a minimum period of 180 days prior to filing the divorce in the state of Minnesota.

One can file the divorce from the county that one resides in the state of Minnesota. A joint petition for divorce can be filed by the partners if there are no minor children involved after the marriage.

Quick process of divorce

Many spouses ask: how much time does t take to get divorce in the state of Minnesota. MN no-fault divorce laws specify that one can get a divorce after 30 days (at the earliest) from the date of filing the divorce petition. The process of divorce is very quick in cases where there are no minor children involved or if there are minor children involved then there has been a written agreement by the parents establishing a parenting plan and that a local counsel represents them. If a defendant fails to appear in the court after the divorce petition has been filed (even after 20 days), then also the divorce can be granted.

Property division in MN no-fault divorce

With regards to the matter of property division, Minnesota is an equitable property division state. Here the marital property (property acquired by both the partners after the marriage) is equitably and justly divided among the spouses. While dividing the property, the courts try to determine the actual need of the spouses, in terms of financial needs; the length of the marriage, also considers the contribution of each spouse in the making of the “home” while the marriage was “working” and the depreciated value of the property. Courts do not divide the “no-marital” property of any spouse which he/she must have acquired before the marriage or after the divorce proceedings have started, or got as a gift. This property remains with the spouse who acquired it. But, courts may invade into this property if the spouse who is not a “wrongdoer” has more financial necessities than the other spouse who has acquired the property.

Child custody in MN no-fault divorce

Child custody would be awarded to the parents on the basis of the relationship between the child and the parent. The “best interests” of the child and “welfare” of the child are considered to be most important while awarding child custody. Courts would look into the matter of “adultery” or any related “wrongdoing” if the other spouse raises the subject and would determine the custody issue only if the conduct of a parent affects the child detrimentally.

One can go for do-it-yourself divorce in the state of Minnesota if the divorce is “uncontested” and there are no minor children involved. However, t is always advisable to seek the advices of the attorney if the matters of disputes over critical issues are many between the spouses.

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