Divorce law varies by state, and each state has its own idiosyncrasies. If you’re preparing to file for a Minnesota divorce, you may be surprised to learn about the follow peculiarities of our laws:
- It Doesn’t Matter Who Is “At Fault” for Your Divorce.
Minnesota follows a no-fault system when it comes to divorce. That means addiction, affairs, and abuse are not grounds for divorce; a spouse need only show an “irretrievable breakdown” of the marriage. The courts aren’t interested in your spouse’s misconduct when it comes to property division or awarding spousal maintenance, but bad behavior may affect custody and visitation arrangements. This also means that the person initiating the divorce does not automatically have an upper hand.
- Are You a New Minnesota Resident? You May Not Be Able to Get Divorced Here.
Have you moved in Minnesota within the past six months? If so, the courts will reject your divorce petition. If this applies to you, you have two options: wait the six months and file again, or file in your previous home state.
- Calculating Spousal Maintenance Can Get Complex.
In some states, only the unemployed may receive spousal maintenance from their partners. In Minnesota, however, the courts determine alimony differently. A holistic approach looks at the length of the marriage, the current standard of living, and each partner’s ability to pay.
- Just Because an Asset is Titled in Your Named Doesn’t Mean You’ll Automatically Get It.
For example, Dave purchased a truck four years after he and Janet tied the knot. Although the truck is technically titled in his name, since he purchased it during the marriage, Minnesota law considers it marital property. This rule also generally applies to pensions, debt, and retirement accounts.
Divorce can be a trying time, and it’s best to approach the system proactively. An experienced Minnesota divorce attorney can help you navigate the process while protecting your best interests. Contact the skillful attorneys at the law firm of Barna, Guzy & Steffen, Ltd. for a strategic review of your legal options: (763) 783-5146.