Divorce in Minnesota

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  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    Either you or your spouse must be a resident of Minnesota or a member of any armed force stationed in Minnesota for 180 days to file for divorce, called a "dissolution."

    Either spouse can get a divorce simply by stating in divorce papers that "irreconcilable differences" have caused a breakdown in the marriage and that the two parties have been separated for at least 180 days. If both spouses are in agreement that there should be a divorce, they can file a "joint petition," in which they agree in writing that the marriage can be ended.

    The legal divorce process begins when one of the spouses files a "Petition for Dissolution of Marriage" with the District Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will then set a time for a hearing, usually some time in the future, and may suggest that the parties seek counseling.

    After the Petition for Dissolution has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.

    Dividing the Property

    In Minnesota, all assets and debts acquired before and after your marriage -called "marital property" - will be divided "equitably" in a manner the court believes is "fair" when you divorce.

    But not all property is considered "marital property":

    • For example, assets you acquired before you married may be considered "non-marital property," if you kept that property separated from property acquired during the marriage
    • Any gifts and inheritances, property exchanged for such non-marital property or an increase in value of such non-marital property may also be considered your non-marital or "separate property"

    In deciding how to divide the property owned by a divorcing couple, judges will consider:

    • The length of the marriage
    • Any prior marriage of a party
    • The age, health, station, occupation, amount and sources of income, vocational skills, employability and income of each party
    • The contribution of each party in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property
    • The contribution of either spouse as a homemaker

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Minnesota divorce lawyer can save you a lot of time and money.

    Alimony

    A court can order alimony, called "spousal maintenance" in Minnesota, if the court finds that the spouse seeking maintenance:

    • Lacks sufficient property, including his or her share of marital property, to provide for his or her reasonable needs considering the standard of living established during the marriage
    • Is unable to support himself or herself through appropriate employment, or
    • Has custody of a child whose condition or circumstances make it inappropriate him or her to work outside of the home

    In deciding the amount of spousal maintenance to award, the court will consider such factors as:

    • The financial resources of the spouse seeking maintenance
    • The time necessary for the spouse seeking maintenance to acquire sufficient education or training to enable him or her to find appropriate employment
    • The standard of living established during the marriage
    • The length of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills or experience have become outmoded and earning capacity has become permanently diminished
    • The loss of earnings, seniority, retirement benefits and other employment opportunities forgone by the spouse seeking maintenance
    • The age and the physical and emotional condition of the spouse seeking maintenance
    • The ability of the other spouse to meet his or her needs while meeting those of the spouse seeking maintenance
    • The contribution of each party in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other spouse's employment or business

    A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered, it can be modified upon a showing of a "substantial change in circumstances."

    Child Custody and Visitation

    In Minnesota, the court will make child custody decisions based on what is in the "best interest" of the child. In deciding how much time each parent should spend with the child, the court considers many factors, including:

    • The wishes of the parents
    • The reasonable preference of the child, if of sufficient age
    • The child's primary caretaker
    • The intimacy of the relationship between each parent and the child
    • The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests
    • The child's adjustment to home, school, and community
    • How long the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
    • The permanence, as a family unit, of the existing or proposed custodial home
    • The mental and physical health of all individuals involved
    • The capacity and disposition of the parties to give the child love, affections and guidance and to continue educating and raising the child in the child's culture and religion or creed, if any
    • The child's cultural background
    • The effect on the child of the actions of an abuser, if related to domestic abuse that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent
    • Whether either party has made false allegations of child abuse against the other

    The court will not consider any conduct by the proposed custodial parent that does not affect the relationship with the child.

    If joint custody is sought, the court will consider the following additional factors:

    • The ability of parents to cooperate in the rearing of the child
    • Methods for resolving disputes regarding any major decision concerning the life of the child, and the parents' willingness to use those methods
    • Whether it would be detrimental to the child if one parent were to have sole authority over the child's upbringing
    • Whether domestic abuse has occurred between the parents.

    After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed and order counseling or mediation.

    Child Support

    In Minnesota, child support is based on the non-custodial parent's net income and the number of children the parent is responsible for supporting. In determining whether to order child support, a court will consider:

    • The earnings, income and resources of the parents
    • The financial needs and resources, physical and emotional condition and educational needs of the child
    • The standard of living the child would have enjoyed had the marriage not been dissolved
    • Which parent receives the income tax dependency exemption and what financial benefit the parent receives from it
    • The parents' debts
    • The paying parent's receipt of public assistance

    A Minnesota child support order can be modified only if there has been a "change in circumstances."

    Related Web Links:
    - Minnesota Courts
    - Minnesota Domestic Relations
    - Minnesota Child Support Calculator
    - Minnesota Child Support
    - Minnesota State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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