Minnesota No-Fault divorce law
Minnesota has a “no-fault” divorce law. Spouses filing for divorce in Minnesota need only show there has been “an irretrievable breakdown of the marriage relationship.” What does that mean? An irretrievable breakdown is when one or both parties cannot live together anymore as husband and wife. You won’t need the consent of your spouse to be able to file the divorce.
How long does a divorce take in Minnesota?
A divorce in Minnesota can take 30 - 90 days after the case has been filed. The time it takes for a judge to sign the final Judgement and Decree depends on the caseload of the court and the availability of the judge. The time it takes to obtain a final divorce largely has to do with whether the case is contested or whether the spouses are able to reach an agreement with regard to the terms of the divorce.
An uncontested divorce can still take several months. A contested divorce may take a year or even longer. If the parties cannot reach an agreement, the judge will have to gather information, schedule hearings and eventually have a trial to determine the terms of the divorce.
What is the summary dissolution process? The Summary Dissolution Process is a streamlined process to get a divorce. However, the following requirements must be met:
Minnesota has a “no-fault” divorce law. Spouses filing for divorce in Minnesota need only show there has been “an irretrievable breakdown of the marriage relationship.” What does that mean? An irretrievable breakdown is when one or both parties cannot live together anymore as husband and wife. You won’t need the consent of your spouse to be able to file the divorce.
How long does a divorce take in Minnesota?
A divorce in Minnesota can take 30 - 90 days after the case has been filed. The time it takes for a judge to sign the final Judgement and Decree depends on the caseload of the court and the availability of the judge. The time it takes to obtain a final divorce largely has to do with whether the case is contested or whether the spouses are able to reach an agreement with regard to the terms of the divorce.
An uncontested divorce can still take several months. A contested divorce may take a year or even longer. If the parties cannot reach an agreement, the judge will have to gather information, schedule hearings and eventually have a trial to determine the terms of the divorce.
What is the summary dissolution process? The Summary Dissolution Process is a streamlined process to get a divorce. However, the following requirements must be met:
- The parties don’t have a minor living child (born or adopted) before or during their marriage;
- The wife is not pregnant;
- The parties are married for less than eight years;
- The parties do not own any real estate properties;
- The parties don’t have an unpaid debt amounting to more than $8,000;
- The total fair market value of the marital assets doesn’t exceed $25,000 including the net equity of an automobile;
- None of the parties has non-marital assets amounting to more than $25,000; and
- None of the parties is a victim of domestic abuse caused by the other.
The value of the marital and non-marital property, assets, debts, financial support, and anything that has monetary value must be determined during the divorce. Minnesota family law aims at a “just and equitable” division of property. The judge will equitably divide whatever debts and assets the spouses have. Equitable is not equal. Equitable means fair.
What are the factors considered when dividing marital property?
The judge will consider certain factors in deciding how to divide the spouses’ property:
There are two types of property: marital property and non-marital property. Marital property refers to the property acquired by the couple while they were married. This type of property will be divided between the spouses. Non-marital property is property acquired by the individual party before their marriage. This type of property may include assets brought into the marriage and inheritance acquired during the marriage and will be awarded to the owner in the divorce.
How about in cases of commingled non-marital property?
Commingled non-marital properties will be treated as marital property during the divorce if it cannot be clearly established what the value of that property was on the date of marriage. In addition, non-marital inheritance deposited into a joint bank account may become marital property.
What about debts?
Minnesota family law spells out how the court should divide debts and liabilities in a divorce. Marital debts (debts acquired during the marriage) are often divided equally. However, if the judge finds that only one party benefited from the debt, the court may award the debt to that party.
What are the factors considered when dividing marital property?
The judge will consider certain factors in deciding how to divide the spouses’ property:
- The length of the marriage;
- Previously marriages;
- Age, health, occupation, and sources of income of each party;
- Vocational skills, employment, liabilities, special needs, opportunities and income potential for each party;
- Contribution of each party in the acquisition, maintenance, depreciation or appreciation of the value of the marital property; and
- The contribution of a party as a homemaker.
There are two types of property: marital property and non-marital property. Marital property refers to the property acquired by the couple while they were married. This type of property will be divided between the spouses. Non-marital property is property acquired by the individual party before their marriage. This type of property may include assets brought into the marriage and inheritance acquired during the marriage and will be awarded to the owner in the divorce.
How about in cases of commingled non-marital property?
Commingled non-marital properties will be treated as marital property during the divorce if it cannot be clearly established what the value of that property was on the date of marriage. In addition, non-marital inheritance deposited into a joint bank account may become marital property.
What about debts?
Minnesota family law spells out how the court should divide debts and liabilities in a divorce. Marital debts (debts acquired during the marriage) are often divided equally. However, if the judge finds that only one party benefited from the debt, the court may award the debt to that party.
The court will decide on children’s custody and support upon the dissolution, separation, or nullity of marriage. The court must determine who will have legal custody of a minor child. Legal custody can be either sole or joint. The court will also determine the residence of the child and who will have physical custody. Based upon the custody arrangement, the court will order a parent to provide support of the minor children.
Custody is determined by identifying the best interest of each child. The court also considers the following factors:
There are two types of child custody in Minnesota, Legal Custody and Physical Custody. Custody can either be sole or joint.
Yes, the parent can still visit the child as mandated by the judge through parenting time. This is also known as visitation, where a scheduled time for the non-custodial parent will be set.
In most divorce cases, the parents will share legal and physical custody and will set a shared parenting schedule. The children will live at times at both parents’ homes.
Custody is determined by identifying the best interest of each child. The court also considers the following factors:
- The parent’s wishes in terms of custody;
- The reasonable preference of an older child;
- Who is the primary caretaker of the child;
- The relationship and intimacy of the child with the parent;
- The interaction of the child with the parent and how it affects the child’s best interest;
- The way the child adjusts to the community, home, or school;
- The permanence of the proposed home of the minor child;
- The physical and mental health of the parent;
- The cultural background of the child; and
- Domestic abuse and how that affects the child
There are two types of child custody in Minnesota, Legal Custody and Physical Custody. Custody can either be sole or joint.
- Sole legal custody means one parent will have the right and responsibility to make decisions about how the child will be raised, including the child’s education, health care and religious training;
- Joint legal custody means the parents will share the responsibility for making decisions regarding how to raise their children. Each parent will have the right to participate in significant decisions about the child's education, health care, and religious training.
- Sole physical custody means one parent will have the right and responsibility to make decisions about the child’s routine day-to-day activities. A child will primarily live with this parent most of the time.
- Joint physical custody means both parents will share the responsibility of routine daily care of the child. Each party will have parenting time with the child which can be divided in a number of ways. A 50% parenting time arrangement is becoming more common.
Yes, the parent can still visit the child as mandated by the judge through parenting time. This is also known as visitation, where a scheduled time for the non-custodial parent will be set.
In most divorce cases, the parents will share legal and physical custody and will set a shared parenting schedule. The children will live at times at both parents’ homes.
