Minnesota Divorce Information and
FAQ
Minnesota law permits dissolution of marriages based upon the
irretrievable breakdown of the marriage. A finding of irretrievable
breakdown of the marriage is a determination that there is no reasonable
prospect of reconciliation. The parties must have either lived separate
and apart for more than one hundred eighty (180) days or there must exist
serious marital discord that adversely affects one or both of the parties
toward the marriage. MSA 518.06
Residency requirements Minnesota law requires that at least one of the
spouses must be a resident of the state for a minimum of one hundred
eighty (180) days immediately prior to the filing of the petition for
divorce. MSA 518.07
Venue The petition for divorce may be filed in the county in which
either party resides. MSA 518.09
Legal separation Minnesota law permits a judgment of legal separation
to be granted if the same requirements are met as for a dissolution of
marriage and the court finds that one or both of the parties need a legal
separation. MSA 518.07 Alimony/support The courts may award alimony to
either spouse only upon a finding that the spouse seeking the alimony
lacks sufficient property to provide for his/her reasonable needs
considering the standard of living attained during the marriage; is unable
to adequately support himself/herself, considering the standard of living
attained during the marriage, through appropriate employment; or, is a
custodian of a child whose condition is such that the custodian should not
be required to seek employment. Factors the court considers in determining
the amount and term of alimony include:
1. The financial resources of the spouse seeking alimony 2. The time
necessary for the spouse seeking support to acquire sufficient education
or training 3. The comparative earning capacity of each spouse 4. The
standard of living established during the marriage 5. The obligations and
assets of the marriage, both separate and marital 6. The duration of the
marriage 7. The age, physical and mental condition of the spouse seeking
support 8. The ability of the supporting spouse to meet both his needs and
the needs of the spouse seeking support 9. The conduct of the parties
during the marriage 10. And any other relevant factors.
The award of alimony terminates upon the remarriage of the recipient
spouse or that spouse’s death. MSA 518.551
Distribution of property Minnesota is an equitable distribution state.
This means that the court will divide the marital property between the
parties as it deems equitable and just, after setting aside to each spouse
the separate property of each. Factors the court considers in dividing the
property between the parties include: 1. The economic circumstances of the
parties at the time of the division of property 2. The contribution of
each spouse to the marital estate 3. The value of the non-marital property
set apart to each spouse 4. The conduct of the parties during the
marriage, and 5. Custodial arrangements for minor children. MSA 518.58
Child custody Minnesota courts will decide the issue of custody based
upon the best interests of the child. A partial list of factors the court
will consider in determining the best interests of the child include: 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, and the wishes of the
child. The court may interview the child in chambers to ascertain the
child’s preferences.
In addition to the above, if joint physical or legal custody is sought,
the court will also consider the ability of the parents to cooperate in
the rearing of the child, the methods for resolving disputes regarding the
child, whether it would be detrimental to the child if one parent were to
have sole authority over the child’s upbringing, and whether there has
been instances of domestic abuse between the parents. No preference will
be given to either parent in determining custody based upon the parent’s
age, sex or financial status, nor because of the age or sex of the child.
Each party shall have equal access to all medical, dental, school,
religious and other important records of the child. Each party shall keep
the other informed as to the name and address of the school the child is
attending and has the right to be informed of the child’s progress and
attend school and parent-teacher conferences. MSA 518.17
Child support In a proceeding for dissolution of marriage or legal
separation, the court may order either or both parties to pay a reasonable
amount necessary for the support of a child of the marriage. Some of the
factors the court will consider in determining the amount of child support
include: the financial needs and resources of the child, the financial
resources and needs of the parents, the standard of living the child would
have enjoyed had the marriage not terminated, and the child’s physical
and legal custody arrangements. The Minnesota legislature has established
child support guidelines which establish the presumptive correct amount of
child support. Deviation from the guidelines require a specific finding by
the court that application of the guidelines would be unjust or
inappropriate and such findings must be included in the judgment. A
modification of a child support order may only be made upon 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. MSA 518.551
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