Child Support
Residency Requirements and Grounds for Divorce
Minnesota law requires you or your spouse to be a state resident for 180 days before you can file for divorce there. You can meet this requirement if you're in the military and stationed there.
Either spouse can get a divorce, or "dissolution" simply by stating in divorce papers that "irreconcilable differences" have caused a break-up and the couple has been separated for 180 days. If both spouses agree to the divorce, they can file a "joint petition," which states in writing they want to end the marriage.
A divorce case begins when one spouse files a a "Petition for Dissolution of Marriage" with the District Court. If the parties agree on key issues, such as property division and child custody and support, the divorce can be finalized without a trial. If they don't agree, the court schedules a hearing and may suggest counseling.
Once the complaint if 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
Marital property, which is all assets and debts acquired before and after your marriage, is divided "equitably" in a manner the court believes is "fair" when you divorce.
But not all property is considered "marital property," including property you acquired before marriage, gifts and inheritances. The income or increase in value in this property is also your "separate property."
Courts look at these factors when dividing property:
- Length of marriage and prior marriages
- Personal and financial circumstances of each party, with respect to age, health, education and earning capacity
- Contributions of each spouse to marital property, including homemaking
Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with a Minnesota divorce lawyer and it can save you a lot of time and money.
Alimony
A court can award alimony or "spousal maintenance" to either spouse. Support is appropriate if a spouse isn't capable of self-support due to a lack of property, suitable employment or has custody of a child and can't work outside the home.
Courts look at many factors in deciding support amounts. Financial resources, employment, education and the personal circumstances of each spouse are considered. 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
Child custody decisions are 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:
- Parents' wishes
- Child's preference, if he has the age and maturity to do so
- The parent and child relationships, including who is the primary caretaker
- The interaction and relationships between the child, family members and others who may impact the child's best interest
- The child's adjustment to home, school, and community, and the desire to maintain that setting
- Impacts on the child's religious and cultural ties
- Whether any domestic abuse situations exist
- A parent's misconduct isn't a factor if it doesn't affect the child-parent relationship
In cases involving joint custody, the court looks at several more factors:
- Whether parents can cooperate in child rearing
- How the parents will resolve child-rearing disputes
- Whether sole custody would be detrimental to the child
- Whether there's been domestic abuse involving 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 can seek the court's help. Relief can include changing visitation terms, granting make-up visits or counseling.
Child Support
Both parents have a duty to support their children, and either may be ordered to pay child support. The amount is based on state child support guidelines, the parents' combined income and the percentage income share of each parent. The guidelines amount is presumed correct. The court must make written findings stating reasons for any deviation from the guidelines amount, and that it's in child's best interest.
If you seek modifications to your child support order, you need to show the current order is fair and unreasonable. Reasons include substantial changes in income or needs, or extraordinary medical expenses.
Questions for Your Attorney