Divorcing in Minnesota? Here are Details You Should Know

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Every state, including Minnesota, has specific divorce laws. And state requirements can vary, particularly when it comes to property division and process serving. If you are thinking about ending your marriage and filing for divorce in Minnesota, here are important information you may want to know:

You Don’t Need to Determine Faul to Get Divorced in Minnesota

Minnesota’s no-fault divorce law lets couples file for divorce without the consent of one spouse. The court will not mind the reason a spouse may have for getting a divorce. However, even if you do not have to allege fault to get a divorce, fault is still relevant to your case. Depending on what you both have done, fault could be relevant to issues such as child custody or marital property division. An experienced Rochester divorce lawyer can help you understand this matter even further. 

You Only Need to Meet Two Grounds

To get a divorce in the state, you must meet two eligibility requirements. One of the spouses should have lived in the state for a minimum of 180 days before the divorce proceedings. Another requirement is to prove there the couple will never reconcile or that there is no hope to rebuild the relationship they have established. 

Property Acquired by the Couple is Considered Marital

In the state of Minnesota, both spouses are thought to have contributed to the marriage equally. Thus, regardless of whose name any property title is under, the court will divide it evenly between both parties. 

Joint Custody is Favored by the Court

In Minnesota, the court may prefer divorcing couples to share joint legal custody of their children. But, the court may not grant this custody arrangement if both parents do not want to cooperate or if there is an issue of domestic abuse. Also, joint physical custody may be granted if it is in the best interest of the child and both parents agree to it. 

Alimony is Only Awarded When Necessary

To be awarded to a spouse, the court will ensure this spouse needs it and the other spouse can afford to pay it. The court will assess the incomes and other financial resources of both parties to determine whether or not to grant spousal maintenance.  Often, an alimony award is only temporary. However, permanency can be possible if the court determines the party that needs it won’t be able to support themselves. Divorcing couples must understand that when one’s claim to alimony is waived, it cannot be requested later.