State Of Minnesota Divorce Law

About This Article

Are you considering filing for divorce in Minnesota? If so, you must familiarize yourself with its basic legal principles and the preferences and choices you must make as you navigate the divorce process.

Important issues include how marital property is divided between the parties and the degree to which child custody will be shared.

The legal topics listed below provide a framework for what to expect from the divorce process and help prepare you for the choices you will need to make:

• Minnesota Residency Requirements
• Legal Grounds for Divorce in Minnesota
• Distribution of Marital Property in Minnesota
• Child Custody and Support in Minnesota
• Spousal Support in Minnesota
• Legal Separation in Minnesota
• Mediation in Minnesota
• Name Change

Residency Requirements

To file for divorce in Minnesota, at least one spouse must have been a state resident for at least 180 days before filing.

Grounds for Divorce

Minnesota is a “no-fault” divorce state, meaning a divorce can be granted if one or both spouses legally attest that their marriage is irretrievably broken.

The irretrievable breakdown of the marriage legally defines the state where no reasonable prospect of reconciliation exists between the spouses.

Under Minnesota’s no-fault process, neither side must prove fault or wrongdoing by the other spouse as grounds for divorce.

This approach simplifies the process and reduces the conflict and anxiety typically associated with adversarial divorce proceedings.

Since fault is not required, the divorce proceedings can move directly to threshold dissolution issues such as the division of marital assets, spousal maintenance, and child custody and support.

Distribution of Marital Assets

Unlike many states that follow community property laws, Minnesota follows the equitable distribution framework for dividing marital property.

Equitable distribution means the court divides marital property in a manner that it deems fair and equitable under the circumstances.

Minnesota is not a community property state and does not mandate that the marital property be divided 50/50 between the parties.

What is Marital vs. Non-Marital Property?

Marital property includes all property acquired by either spouse during the marriage, regardless of whose name is on the title. This can include real property, personal property,  savings accounts, and even retirement accounts,

What is Non-Marital Property?

Non-marital property includes property one spouse owned before the marriage, by inheritance, or by gift exclusively given to one spouse from a third party.

Effect of Prenuptial Agreements: Remember, the legal status of marital or separate property can be altered by a legally valid and enforceable prenuptial agreement negotiated between the parties before marriage.

Equitable Distribution Factors

The court considers several factors when deciding how to equitably distribute marital property, such as:

• Length of the marriage
• Age, health, and occupation of each spouse
• Income and liabilities of each spouse
• Vocation and employability of each spouse
• The contribution made by each spouse to the value of the marital property and the contribution of a spouse as a homemaker.

Other considerations may include:

Retirement Assets

Retirement assets like pensions, 401(k)s, and IRAs acquired during the marriage are usually considered marital property and are subject to division.

Tax Considerations

The court may consider the tax consequences of the division of property, especially for assets like retirement accounts, which can have a significant impact if withdrawn early.

Divorce Financial Tip:

Consider Requesting An Independent Appraisal: In large or complicated marital property cases, the court might require professional appraisals to accurately assess the value of assets, especially those not easily valued, such as businesses or professional practices.

Child Custody and Child Support

Both child custody and support laws in Minnesota are designed to ensure that the children’s best interests are served following a divorce or separation, providing them with stability, support, and the ongoing involvement of both parents.

Before discussing how child custody and support are determined, let’s examine the three types of custody arrangements.

Types of Child Custody

Legal Custody involves a parent’s right to make important decisions about the child’s upbringing, including education, health care, summer vacations, and religious training.

Physical Custody determines where the child lives and the day-to-day responsibilities of caring for the child.

Divorce Tip

Sole or Shared Custody: Legal and physical custody can be either sole, in which one parent has full custody rights, or joint, in which both parents share custody rights.

How Courts Decide Child Custody

The courts assign great weight to which custodial arrangement will most serve the child’s best interests.

Factors considered include:

• The wishes of the child, if of sufficient age and maturity.
• Which spouse has been the primary caretaker of the child.
• The quality of the relationship between each parent and the child.
• The quality of the relationships between the siblings.
• The child’s adjustment to home, school, and community.
• The length of time the child has lived in a stable environment and the value of maintaining continuity.
• The mental and physical health of all individuals involved.
• The capacity and disposition of the parties to give the child love, affection, and guidance
• The disposition of each parent to encourage and permit frequent and continuing contact between the child and the other parent. In this regard, courts strongly disfavor parental alienation, which is where one parent engages in vindictive and manipulative behavior by turning the children against the other parent.

Child Support

Calculating Child Support

Minnesota uses guidelines to calculate child support based on the income of both parents, the number of children, and the cost of raising children at various income levels.

Other factors include:

• The financial needs and resources of the child.
• The financial resources, earnings, income, and assets of the parents.
• The child’s standard of living if the parents had stayed together.

Components of Child Support

Basic Support: Covers the child’s basic living expenses, including food, clothing, housing, education, and transportation.

Medical Support: Includes health insurance and unreimbursed medical expenses.

Childcare Support: Covers costs incurred due to employment or schooling of the custodial parent.

Modification of Support

Child support can be modified if circumstances substantially change, such as a significant change in income, the needs of the child, or the cost of living.

Enforcement of Child Support

If a parent fails to pay child support, the state has several enforcement tools, including wage garnishment, interception of tax refunds, and license revocation.

Spousal Support

In Minnesota, spousal support, commonly referred to as alimony, is financial support that one spouse may be required to pay to the other during or after a divorce or legal separation.

Spousal support provides economic assistance to a spouse who may be unable to maintain their standard of living or meet their needs independently after a divorce.

Factors Courts Consider In Determining Spousal Support

The court’s decision in awarding spousal support and amount depends on the following factors:

• The financial resources of the recipient spouse.
• The time necessary for the recipient to acquire sufficient education or training to find appropriate employment.
• The standard of living that was established during the marriage.
• The duration of the marriage.
• The age, physical, and emotional condition of the spouse seeking support.
• The contribution made by each spouse to the value of the marital property, as well as the contribution of a spouse as a homemaker.

Modification and Termination of Spousal Support

Modification of Support

Spousal support can be modified if it can be proved that circumstances have significantly changed relative to income, employment status, or living expenses.

Termination of Support

Support typically terminates upon either party’s death or if the receiving spouse remarries. However, a valid prenuptial agreement might specify other conditions that could lead to termination or modification of spousal support.

Watch Minnesota Johnson Turner Law Team Discuss How Long A Divorce Takes In Minnesota:

Legal Separation

In Minnesota, legal separation is a court-recognized status that allows couples to live apart without formally ending their marriage through divorce.

Legal separation can be an alternative for couples who wish to live independently but remain legally married.

Legal separation may be preferable for couples who:

• Have religious or moral objections to divorce.
• Wishes to maintain marital status for insurance or health benefits.
• Want to retain certain legal and financial benefits, such as tax advantages.
• Need time apart to decide if they want to permanently end the marriage.

Filing for Legal Separation

The process to obtain a legal separation is similar to that of a divorce, which involves:

• Filing a petition: One spouse must file a petition for legal separation in the county where either spouse resides.
• Grounds: The petitioner only needs to state that there has been an “irretrievable breakdown” of the marriage.

Legal Impact:

Unlike divorce, after legal separation:

• The parties remain legally married and cannot remarry.
• They may continue to hold property jointly.
• They retain the possibility of inheriting from each other unless specified otherwise in a will or estate plan.

Converting A Separation Into Divorce

If the parties decide to end their marriage after legally separating, they can convert the legal separation into a divorce.

This process is generally straightforward since most issues regarding assets, custody, and support may have already been addressed during the separation proceedings.

Mediation

Mediation continues to be a vital tool in Minnesota family law cases. It can help parties resolve disputes in a less confrontational setting than traditional court proceedings. The court system endorses mediation for its ability to facilitate better communication and more durable agreements tailored to the specific needs of the parties involved.

Minnesota courts may require parties to attempt mediation in cases involving:

• Child Custody and Parenting Time: Mediation can help parents work out the details of parenting time and custody without the emotional and financial cost of court battles.
• Property Division: Couples can use mediation to negotiate the division of their marital assets and debts.
• Spousal Maintenance: Mediation can also be used to discuss and potentially settle disputes regarding alimony.

Name Change

A spouse can request a name change as part of the divorce proceedings in Minnesota. This is a common request, particularly for individuals wishing to change their name to their maiden name.

Requesting Name Change in Divorce Petition

When filing for divorce, an individual can include a request to change their name within the same petition.

To request a name change during a divorce, the individual must:

• Specify the desired name in the divorce petition or response.
• Ensure there is no intent to defraud or mislead by changing the name.
• Be a resident of Minnesota.

The court typically approves a request for a name change during the divorce process, assuming all legal criteria are met and there is no indication of fraudulent intent.

Once the divorce decree that includes the name change is issued, it serves as a legal document that the individual can use to update their name on various personal records, including social security cards, driver’s licenses, bank accounts, and other official documents.

If, for some reason, the request for the name change was not part of the formal divorce proceedings, there are legal services that can handle that for you after the divorce.

Divorce Legal Tip

Get Certified Copies of Divorce Decree: Individuals should obtain multiple certified copies from the court for various name change procedures with different institutions and agencies. We recommend at least five certified copies since the receiving agencies will want to keep the certified copy for their records.

Divorce Wellness Tip

We cannot forget that divorce is an emotionally charged life-changing process. The legal complexities, emotional stress, and financial worries can impact our emotional well-being and affect our physical health. Yes, we must understand the law and be able to navigate through the divorce process, but we must also care for our emotional well-being in the process. Here are some helpful services and practices we should consider: online counseling, meditation, and yoga.

Seek Legal Counsel:

While this summary is informative, helpful, and provides general information about divorce law in your state, it is not intended to substitute for consulting, person-to-person, with a verified divorce lawyer who can help you with your specific legal issues, circumstances, and goals.

Sources and References

Minnesota Divorce Topics

Minnesota Law Help

Minnesota Divorce Statutes

Family Court Motions: Settlement Rules and Forms

Cornell Law Information Institute

Custody and Parenting Time – Dahlberg Law Office – Duluth, Minnesota.

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