Aside from hiring legal counsel, it is also important for Minnesota couples to understand the process of divorce and the requirements that must be met before a petition can even be filed. There are several regulations in the state regarding divorce, so learning as much as possible about Minnesota divorce law can drastically increase an individual’s chance of obtaining a fair and speedy resolution.
Divorce Residency Requirements in Minnesota and Where to File
Prior to filing for divorce in Minnesota, at least one spouse must have been a resident of the state for a minimum of 180 days. If the spouse filing for divorce meets this requirement, then they can proceed to file the petition in the county where either of the spouses resides.
Legal Grounds for Divorce in Minnesota
Spouses who seek divorce in Minnesota must prove that the marriage is irretrievably broken. This is achieved by living separate and apart for at least 180 days or comes about following serious marital discord that affects the relationship.
Property and Asset Division
Minnesota is an equitable distribution state, so divorce laws state that marital property shall be divided without regard to fault and based on the following factors:
• Length of the marriage
• Age, health and occupation of the parties
• Income/potential income of the parties
• The contribution of each spouse to the property
Minnesota Alimony Rules
Minnesota alimony may be granted to either spouse on a temporary or permanent basis, based on several factors, including the following:
• The financial resources of the spouse seeking alimony
• The standard of living established during the marriage
• The duration of the marriage
• The age and physical capabilities of the spouse seeking support
• The ability of the other spouse to pay alimony and still meet their own financial needs
Minnesota Child Custody Laws
Joint or sole custody may be awarded to either parent and is based on “the best interests of the child” only. Some factors considered are the relationship between the parent and the child, preference of child, whether any domestic abuse has occurred, and several others.
Hiring Minnesota Divorce Lawyers
Working on a divorce case in Minnesota alone usually leads to drastic and negative repercussions. Just one wrong move can lead you to forsake your rightful benefits and settlement, so hiring an experienced divorce lawyer in Minnesota is the best way to ensure your rights are fully protected throughout the entire case.