Cohabitation - Minnesota Divorce & Family Law Blog

Common Law Marriage in Minnesota

Jason Brown — Sat, 19 Apr 2008 17:47:52 -0600

Minnesota does not recognize common-law marriage. Common-law marriage involves couples who treat each other as if they are married, hold themselves out as married and believe themselves to be married as a matter of law. Often, parties to a common-law marriage will refer to each other as husband and wife, share last names or file income tax returns together. Only 16 states (nearest being Iowa) recognize common-law marriages, and that number is shrinking.

In Minnesota, parties who live together are considered cohabitants, rather than husband and wife. Unlike the marital dissolution statutes which provide that the parties shall fairly divide (usually equally) the property accumulated by both during the marriage, cohabitants who break off their relationship are awarded property directly in proportion to their financial contribution during the relationship. Such cases are civil actions, not family court actions.

Strange, however, during a time when more and more people are living together without marrying such a limited number of statutes that apply. Some argue the legislature has intentionally limited the law in this area to encourage people to get married, therefore maintaining some sort of perceived “ideal” society.

Given the practical reality, however, it seems more legislation must be drafted to protect those who have committed themselves in a long-term relationship yet failed to contribute financially as much as the other. They may have an expectation that differs greatly from the judgment received after the fallout of their relationship.

The Concept of No-Fault Divorce

Jason Brown — Thu, 21 Feb 2008 21:08:24 -0600

Minnesota is a no-fault divorce state. A divorce will be granted in Minnesota without the necessity of proving that one of the parties is guilty of marital misconduct. In earlier times, a party to a divorce was required to demonstrate that the other spouse was at fault for causing a breakdown in the marriage. Adultory was by far the most common basis, but others included domestic abuse, abandonment and an inability to consumate the marriage.

Today, a party to a divorce in Minnesota must merely demonstrate that there has been an "irretrievable breakdown" in the marital relationship. One spouse must simply acknowledge as much, and the court will grant their request to dissolve the marriage. A relatively low threshold - and a tough pill to swallow for those who feel that there is no "justice" in their case unless the court takes into account marital misconduct.

Potential clients often ask, "Should I fight the divorce?" Yes, if you intend to do so outside of the legal arena through counseling or therapy. Once it is obvious that the marriage cannot be saved, your resistence should be limited to that which is necessary to obtain a favorable court order. Not wanting the divorce can be used as leverage against your spouse if they are anxious to conclude matters. Often, the impatient spouse will buy a quick resolution by making an extremely attractive settlement offer. This strategy should be balanced against overdoing it. If you are fighting the dissolution process out of anger or spite, you are likely to cause significant economic and emotional harm to you, your spouse and your children.