Polyamorous marriages are more common than you might suspect. While researchers struggle to pinpoint an exact figure, independent academic Kelly Cookson estimates that nearly ten million couples agree to allow ‘satellite lovers.’ Whether implicit or spelled out, these agreements complicate divorce proceedings. Below, we answer a few of the most common questions about polyamory’s role in divorce.

Could polyamory be grounds for divorce?

Minnesota is a no-fault divorce state, so allegations of wrongdoing generally don’t factor into the filing process. Because polyamory constitutes adultery, it may be regarded as grounds for divorce in other states.

Who gets custody in a polyamorous divorce?

It depends. Minnesota’s status as a no-fault divorce state limits the role polyamory and adultery play in custody decisions. However, while the act of polyamory itself may not impact custody, related behaviors and circumstances could. For example, a monogamous spouse may receive primary physical custody if the other spouse’s paramour (non-marital partner) is involved in criminal activity or otherwise believed to be a bad influence on the child.

How does polyamory impact child support?

Polyamory does not determine child support in and of itself. Payments could be affected, however, if the polyamorous spouse has children outside of the marriage. Often, custodial spouses of parents with children from other relationships receive less in child support due to the other parent’s obligation to support children from multiple families.

What happens if non-married partners split?

Polyamory is often more complicated for non-married partners than it is for their spouses. Splits often resemble non-married breakups, but children outside of wedlock can complicate matters. Polyamorous fathers who fail to establish paternity with non-married parents may struggle to obtain visitation rights.

The team at the Brown Law Offices provides a nonjudgmental approach to divorce representation. No matter the sensitive details of your family matters, you can count on the Brown Law Offices for discretion.

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Photo of Cynthia Brown Cynthia Brown

Cynthia Brown is a founding partner with the Brown Law Offices, P.A. She is an honors graduate of the University of South Dakota and William Mitchell College of Law. Cynthia was admitted to practice in 1998.

After graduating from law school, Cynthia served…

Cynthia Brown is a founding partner with the Brown Law Offices, P.A. She is an honors graduate of the University of South Dakota and William Mitchell College of Law. Cynthia was admitted to practice in 1998.

After graduating from law school, Cynthia served as the law clerk to the Honorable Timothy R. Bloomquist, retired Chief Judge of Minnesota’s Tenth Judicial District. Upon completing her clerkship, Cynthia practiced with a well-known firm in Cambridge, Minnesota. She founded the Brown Law Offices, P.A. in 2003.

Cynthia has handled a wide variety of family law matters throughout the Twin Cities, and greater Minnesota, including divorce, custody, child protective services, orders for protection and harassment restraining orders. Many of her clients have also asked her to provide guidance concerning their estate planning needs.

Early in her career, Cynthia served as a prosecutor, public defender and criminal investigator. In addition to her family practice, Cynthia routinely represents clients facing criminal charges such as DWI, assault, theft and criminal sexual misconduct.

Cynthia founded the Amigos de Guatemala Foundation in 2007. She is a former Board Member and President of the Foundation, which provided educational, health and financial resources to underprivileged Guatemalan citizens. Her interest in serving the impoverished began with a medical mission trip to Honduras in 1994.

When she is not practicing law, Cynthia enjoys scrap-booking, soap-making, ATV riding and spending time with family.


Areas of Practice
  • Divorce
  • Custody
  • Child Protective Services
  • Restraining Orders
  • Criminal Defense
  • Estate Planning
Bar Admission
  • Minnesota State Bar, 1998
Education
  • William Mitchell College of Law, 1998
  • University of South Dakota, 1995
Joined Firm
  • 2003
Professional Associations & Activities
  • Minnesota State Bar Association
  • Presenter, Various CLE Courses
  • Panel Attorney, Anoka County County Family Law Clinic
  • Monthly Columnist, Minnesota Lawyer Newspaper
  • Author, Family Law Forum
  • Author, Divorce Magazine