MINNESOTA DIVORCE LAW When contemplating divorce in Minnesota, there are several issues you should consider before filing such as legal separation, grounds for divorce, annulment, and property division. A divorce or "dissolution of marriage" in Minnesota is the termination of the marital relationship between a husband and wife. A decree of dissolution of marriage completely terminates the marital status of both parties. If a Minnesota court grants your divorce you will be able to re-marry. It is important to be aware of and discuss the specific Minnesota laws governing the divorce or legal separation processes with a Minnesota divorce attorney. Legal Separation The difference between a legal separation and a divorce is that with separation, you remain officially married to your spouse, even after the court has adjudicated these issues. This is often an attractive option for those who choose not to divorce for religious reasons or tax purposes. In Minnesota, legal separations require the same legal procedure as divorces, with all issues relating to children, custody, financial support, and property division formally resolved before a judge. Should you decide to file for divorce after a legal separation, the process may need to be completed again in its entirety. Any resolutions regarding material possessions arrived at during the separation proceedings may or may not be considered again during the divorce proceedings. Remember, this form of legal separation is different from the common use of the term "separation," in which a married couple simply decides to live apart from each other. This common form of separation is not an issue that will be decided in courts. You should discuss any legal separation issues and concerns with a Minnesota divorce attorney. Grounds For Divorce If you have decided to file for divorce or "dissolution of marriage" in Minnesota, you will file for a no-fault divorce. "No-fault," means the party filing for divorce is stating that neither party is at fault for the marriage dissolution; they are asserting an "irretrievable breakdown of the marriage relationship." Unless the other party denies that the marriage is irretrievably broken, or there is evidence of coercion or other fraud, the court will grant the divorce. It is important to discuss your divorce options with a Minnesota divorce attorney as improper filing may cause for delay or an interruption in the divorce process. Divorce Residency Requirements To successfully bring an action for divorce or legal separation in Minnesota, one of the parties to divorce must have resided or has been a member of the armed services stationed in Minnesota, (1) for at least 180 days prior to the first filing, which itself should occur in the county where either party lives; or (2) one of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding. Availability of Simplified or Special Divorce Procedures Though there are no separate categories of divorces, it is possible to avoid a final hearing in a divorce proceeding (and thus save a considerable amount of time and money) if there are no minor children involved, and the parties have entered into a written agreement resolving all the other issues of the marriage. Similarly, if one of the parties has not responded to the court for over 20 days after the answering period expires (and due service is proven), a final hearing may also be deemed unnecessary. Annulment If you are granted an annulment in Minnesota, the court is declaring that your marriage is invalid or never properly existed in the first place. As a marriage never existed, a divorce or legal separation is avoidable. An annulment is obtained the same way as a divorce. Upon due proof of the nullity of the marriage, it shall be adjudged null and void. Annulments are granted under a very limited set of circumstances in Minnesota:
Division of Marital Property Minnesota is an "equitable distribution" state. Consequently, "marital property" will be distributed on terms considered to be fair, without regard to marital misconduct, in a Minnesota divorce. "Fair" does not necessarily mean an equal or 50-50 split of the property. "Marital property," is all property acquired by either spouse subsequent to the marriage and before the valuation date, regardless of whether title is held individually or by the spouse. In a Minnesota equitable distribution adjudication of property, the court shall base its findings on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party. Links to Divorce Statutes
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