Divorce in Minnesota is no fault
Your reasons for divorce may be infidelity, neglect, emotional/ physical abuse, or plan your to run away with a new lover. The reasons are not important. In Minnesota, the court will grant a divorce if one spouse asserts that there has been an "irretrievable breakdown" between you and your spouse. Evidence regarding misuse of marital property is important if you and your spouse disagree on how to divide property and debt. Domestic violence and other "bad acts" that affect the best interest of the children will be important in determining custody and parenting time.
Minnesota Residency
Minnesota requires that a person reside in the state for at least six (6) months before filing for divorce. It is okay for just one spouse to reside in Minnesota, so long as the resident spouse files in Minnesota.
Marital Property and Non-Marital Property
Most property accrued during the marriage is marital property. Marital property includes home equity, retirement accounts, cars, and any property gained during the marriage, but not through gift or inheritance. Property owned before the marriage is, generally, not considered marital.
Parent Gender and Child Custody
Child custody and parenting time decisions are made based on the "Best Interest of the Child" factors. These factors do not explicitly favor mothers or fathers. However, this does not mean that bias doesn't exist. A Preference for mothers is not written into the law.
If you have more questions you can call Stacey Keenan, Attorney at Law at 651-357-1882.
If you have more questions you can call Stacey Keenan, Attorney at Law at 651-357-1882.
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