What Should You Know Before Getting a Minnesota Divorce?
Every state has different laws regarding the details of a divorce, including property distribution, alimony, child support, and more. When considering a divorce, it is essential to understand your legal rights and responsibilities so you can prepare yourself for the process and make informed decisions.
Is Minnesota a "No-Fault" Divorce State?
Minnesota does not require you to provide proof of a specific reason for your divorce. It is a pure "no-fault" divorce state and does not provide any options for fault-based divorces. The court will grant a dissolution of your marriage as long as you can demonstrate an "irretrievable breakdown" of your marriage. Responsibility for the breakdown has no bearing on the court's decisions regarding the details of the divorce.
Are There Residency Requirements?
At least one spouse must be a resident of Minnesota for at least 180 days before beginning divorce proceedings. Individuals in the US Armed Forces who are stationed elsewhere may choose to file for divorce in Minnesota if they have kept their Minnesota residence.
How Much Does It Cost to Start a Divorce Case?
Each county charges a filing fee of around $400 to begin divorce proceedings. Depending on your needs, there may also be additional court fees. The overall cost of divorce proceedings depends on the complexity of your case and whether your spouse chooses to contest the divorce.
How Long Does a Divorce Take in Minnesota?
An uncontested divorce where both parties agree on all aspects can take as little as a month or two to finalize. If you must work out the details in court or through mediation, it may take several months or over a year.
Am I Able to Seek Alimony?
Spousal maintenance is financial support paid by one spouse to another following a divorce. You may seek alimony in Minnesota, but there is no guarantee it will be granted. The court makes alimony determinations on a case-by-case basis. Individuals stand a better chance of receiving alimony if they are unable to support their financial needs through working, must complete substantial education to enter the workforce, must provide full-time care for a child, or if the other spouse would still have the means to meet their own needs if ordered to pay support.
How Will Marital Property Be Divided?
Minnesota is an equitable distribution state. The court's overall aim is to ensure that marital property is divided fairly and evenly between the former spouses. Any property and assets accumulated during the marriage will be subject to division, regardless of whose name is on the property. Gifts or inheritances given to one spouse by a third party and property acquired before or after the marriage are not considered marital property.
How Do Legal Custody and Physical Custody Differ?
Legal custody refers to the right of a parent to make important decisions about their child's life. Physical custody is the time the child spends living with a parent. Minnesota courts typically favor joint legal custody unless there is a compelling reason to limit one parent's decision-making powers. In all custody arrangements, the court will prioritize the best interests of the child.
Contact TVA Law Office today to schedule a consultation with a knowledgeable and compassionate divorce attorney who is ready to assist you.
This article is for general informational purposes only and does not constitute legal advice. Contact TVA Law Office at 651-571-8547 to discuss your specific situation.
