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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