Minnesota State’s divorce rate is moderate. It is 3.3% per 1,000 of the population which makes it 12th lowest in the country. Minnesota citizen comparatively enjoy liberal family laws. The family court law has defined no-fault divorce grounds for divorce in Minnesota which means that the petitioner does not need to have a fault ground for seeking a divorce.
In Minnesota State, annulment is rather more of a weightage in religion than in law. In courts its existence is found rarely and only when there is a certain state of affairs.
Qualified and experienced lawyers and attorneys often start your divorce process.
Divorce Grounds in Minnesota
There are no fault divorce grounds in Minnesota under Minnesota divorce laws. As Minnesota is a “no fault” divorce state, the only ground is an “irretrievable breakdown of the marriage”.
An Irretrievable Breakdown of the Marriage:
This means that there exists no such reason for reconciliation. Both the spouses have lived apart for minimum 180 days and the relationship can no longer be continued. Under this divorce ground in Minnesota, both the parties are legally entitled to claim a petition for divorce.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Minnesota.
Minnesota Divorce Laws
According to Minnesota divorce laws, people are not required to prove grounds in order to obtain a divorce. Under this concept, people may state that there is an irrevocable breakdown of the marriage.
Minnesota has following divorce laws:
Minnesota divorce laws require at least one of the spouses to meet the residency requirements of the state. One spouse has to be a resident of the state for at least one hundred eighty (180) days before filing a case for divorce.
Documents Required for Filing Divorce
Minnesota divorce laws require these documents to be furnished at the court docket:
- Petition for Dissolution of Marriage
- Decree of Dissolution of Marriage
Other documents that are filed during the process are:
- Summons, Form 11. Confidential Information Form
- Marital Termination Agreement
- Financial Affidavit
- Affidavit of Non-Military Status.
Minnesota divorce laws are in favor of equitable distribution. Factors the Minnesota divorce court considers in dividing the property between the parties include:
- The economic circumstances of the parties at the time of the division of property
- The contribution of each spouse to the marital estate
- The value of the non-marital property set apart to each spouse
- The conduct of the parties during the marriage, and
- Custodial arrangements for minor children.
Change of Name or Restoration of Name
Both the spouses can request to have their names restored to a former names after they are permanently separated.
Counseling or Mediation
If any issue pertinent to custody or parenting time determination arises, the matter may be set for mediation. The mediator shall use best efforts to effect a settlement of the custody or parenting time dispute, but shall have no coercive authority. But if the court finds that one of the parties or a child has been physically or sexually abused by the other party, the court shall not require or refer the parties to mediation.
According to Minnesota divorce laws, the courts may grant alimony to either spouse only if the claimant is found lacking sufficient property, and is unable to adequately support himself/herself. For determining all these, the standard of living attained during the marriage is taken as a measure. The award of alimony terminates upon remarriage of the recipient spouse or that spouse’s death.
Minnesota divorce laws are strongly in favor of solving the child custody issue in the best interest of the child. A few other factors that the court will consider are:
- The wishes of the parents, the need of the child for a frequent and meaningful relationship with both parents
- The interaction and interrelationship of the child with both the parents and any siblings
- The wishes of the child. The court may interview the child in chambers to ascertain the child’s preferences.
The Minnesota government has established child support guidelines which establish the probable correct amount of child support. The court may deviate from the guidelines if findings are inappropriate or unjust. A modification of a child support order may only be made on a showing to the court of a change in circumstances that would result in a change of support from the existing amount by twenty percent (20%) or more and at least a $50.00.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Minnesota Annulment Laws
Annulment is the court’s decree that the marriage was never valid or the marriage is void. If you want to get a Minnesota annulment, you have to base your petition on an annulment ground recognized by the Minnesota annulment laws:
If you have been threatened or forced into a marriage, you are entitled to an annulment decree under Minnesota annulment laws.
Fraud or misrepresentation is a major Minnesota annulment ground. Getting married with someone by fraud or misrepresentation is a crime and the victim can get annulment under Minnesota annulment laws.
If a person is already married with someone and in the existence of a marriage enters into another marriage without divorcing, the second marriage won’t be recognized. In such a case annulment claim will be legal according to Minnesota annulment laws.
Impotency is also a valid annulment ground in Minnesota. If your spouse is impotent and it is affecting your marriage, you can obtain Minnesota annulment.
Incest is a legal Minnesota annulment ground. Minnesota annulment laws strictly prohibit marriages between parent/child, stepchild, grandparent/grandchild, aunt/nephew or uncle/niece.
Minnesota Divorce Laws-Frequently Asked Questions
- What is the minimum residence period I should complete to file a divorce case in Minnesota?
According to Minnesota divorce laws, you must complete a residence period of 180 days to file a divorce case in Minnesota.
- What is the major divorce ground in Minnesota?
Irretrievable breakdown of the marriage is the only valid divorce ground in Minnesota.
- Is it possible to get a divorce without residing in Minnesota?
According to Minnesota divorce laws it is necessary for at least one spouse to be a resident of Minnesota. And to become a resident of Minnesota, it is mandatory to pass a residency period of 180 days.
- Is Minnesota a no-fault divorce state?
Yes, Minnesota has only one divorce ground which comes under no-fault. So, it is a no-fault divorce state.
- After getting married, I started living in my wife’s house. Now, I am giving divorce, so, can I keep the house?
The answer is no, because you don’t have any right on that property unless your wife wishes you to have any. But if your wife has transferred that property in your name only then you can keep it.
- Can me and my soon to be ex-spouse hire the same divorce attorney?
Minnesota divorce laws are against hiring of one divorce lawyer to support both the spouses, so, both of you should hire separate divorce lawyers.
- Is there any law that, the spouse cannot represent him/her self in the court?
There is no law stating that you cannot represent yourself in the court. But a professional divorce lawyer can represent you much better, so it is advised to engage the services of a divorce attorney.
- Are there any other charges which the divorce lawyers may demand for representing your divorce case in the court?
Every divorce lawyer or divorce attorney charges fees for two duties: * For working on the case in his or her office * For representing you in a divorce court
- What other fees a Minnesota divorce court may charge?
Minnesota divorce courts charge: * A case filing fee which is approximately $335 * For each motion a fee of $55
- How will a Minnesota divorce court decide the child custody issue?
Minnesota divorce court will take in account all the factors and the interest of the child before deciding the child custody issue.