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Minnesota Divorce

The Minnesota divorce process is hard enough, you shouldn't have to go through it alone. By working with a local Minnesota divorce lawyer, you can find out how divorce laws in Minnesota will affect your divorce and get legal advice on handling your case. If you are considering divorce, speak with a Minnesota divorce lawyer to learn about the next step for you to take in the Minnesota divorce process.

Total Divorce can help you find a local divorce lawyer in Minnesota. Set up a preliminary consultation today by calling 877-349-1310 or filling out a divorce case review form. Speak with one of our sponsoring Minnesota divorce lawyers near you today.

Overview of Minnesota Divorce Law

A Minnesota divorce lawyer can offer advice on how divorce law in Minnesota will affect you and keep you updated changes in the law. Below is a general guide to Minnesota divorce law, but you should speak to a Minnesota divorce lawyer for more information.

Minnesota Grounds for Divorce: Minnesota divorce courts accept no fault ground for divorce. If the divorce court finds there is an irretrievable breakdown in the marriage, a dissolution will be granted. An irretrievable breakdown is when you and your spouse are living separate and apart from more than 180 days or there is proof that serious marital discord is affecting the spouses and relationship.

Residency Requirements in Minnesota Divorce: A Minnesota divorce won't be granted unless one spouse has been a resident (intends to remain) in the state, has been a member of the armed services and stationed in the state for at least 180 days or has been a domiciliary of (i.e. currently lives in) this state for not less than 180 days immediately preceding commencement of the proceeding.

Property Division in Minnesota: Minnesota is an equitable distribution state, where marital property is distributed by what the divorce court considers fair. The court bases it's decision using the following factors:
  • Length of the marriage
  • Any previous marriages
  • Age, health, station and occupation of the spouses
  • Each spouse's
  • Amount and source of income
  • Vocational skills
  • Employability
  • Liabilities
  • Needs
  • Future gain of capital assets
  • Contribution by each spouse in the acquisition, preservation, depreciation or appreciation of marital property
  • Contribution of a spouse as a homemaker

Divorce Waiting Periods in Minnesota: The state of Minnesota doesn't require a waiting period to file for divorce. Neither spouse is required to wait to remarry.

Minnesota Child Custody: Minnesota uses the best interest of the child standard, which includes some the following factors when determining child custody:

  • Wishes of the child's parents
  • Child's preference, if the court considers the child of sufficient age
  • Primary caretaker of the child
  • Relationship and interaction between the child and each parent
  • Child's ability to adjust to home, school and community
  • Length of time the child has lived in a stable home and the desire to maintain that
  • Custodial home's permanence
  • Mental and physical health of everyone involved
  • Parent's ability to give the child love and guidance
  • Child's cultural background
  • If there is an abuser in the family home
  • Parent's ability to encourage the child to have frequent contact with the other parent

Child Support in Minnesota: Minnesota divorce court has official child support guidelines. The court uses the percentage of income formula to determine child support as a percentage of the parent's income. Any misconduct by either parent is not a factor of child support. Factors considered when determining child support include:

  • Financial resources of the child
  • Each parent's financial, resources, earning, income and assets
  • Standard of living the child would have enjoyed is the marriage worked
  • Physical, emotional and educational needs of the child
  • Public aid received by the child or parent
  • Income tax consequences from child support
  • If either parent has debt

Minnesota divorce law continues to change. Speak with a local divorce attorney in Minnesota to learn more about how divorce laws may affect the outcome of your divorce. Figure out the next step in your divorce with the help of a Minnesota divorce lawyer. Connect with a divorce lawyer in your area today, fill out the divorce case review form below or give us a call at 877-349-1310.

The above synopsis of Minnesota divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.

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