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:
Residency
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.
Property Distribution
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.
Alimony
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.
Child Custody:
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.
Child Support:
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.
