The rate of divorce has increased over the years, and much of it has to do with social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage in Minnesota any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
At Heritage Law Office, our divorce lawyer knows you have questions. We help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce alone. Get answers to your questions today and contact us through our online form or at 414-253-8500 to schedule a free consultation.
Uncontested and Contested Minnesota Divorces
The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. Sometimes mediation or another alternative dispute resolution process may be used to help them come to that agreement.
Common Grounds for Divorce
In most states, you do not have to show fault in order to get a divorce. Most divorces today, in fact, are no-fault divorces. There are, however, some divorces where one spouse must or prefer––for strategic reasons––to show fault.
No-fault Divorces
When a marriage is deemed irretrievably broken or the spouses claim there are irreconcilable differences, a no-fault divorce may be sought. An irretrievably broken marriage simply means the couple is unable or refuses to cohabit, and no prospects for reconciliation exist.
Some locations that allow divorce on the grounds of irreconcilable differences may require separation for a certain time period.
Fault-Based Divorces
Fault-based divorces are seldomly required today, but some people may still wish to pursue a fault-based divorce for a number of reasons, like using it as a factor to obtain a better outcome for:
- Property division
- Spousal support
- Child support
- Child custody
The grounds for a fault-based divorce typically include things like:
- Adultery, the other spouse had an affair during the marriage
- Abandonment, the other spouse has physically left or has refused to engage in sexual relations for at least one year
- Cruel and inhuman treatment, the other spouse makes it unsafe or improper to live with them
- Felony conviction, the other spouse has been in prison for at least three consecutive years
- Substance abuse, the other spouse has an addiction to alcohol and/or drugs
Fault-based divorces are far more contentious. They can, however, lead to better outcomes in property distribution, alimony, child support, and custody arrangements for the spouse who filed for the dissolution of the marriage.
Property Division
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property include:
- Real estate
- Bank accounts
- Investment property
- Vehicles, boats
- Furniture
- Artwork
- Pensions
- Securities
- Retirement accounts
- Debt
There are two ways this property is split, and it depends on your jurisdiction:
- Community property where assets are split 50-50; and
- Equitable distribution where assets are divided fairly and not necessarily equally.
Spousal Support in Minnesota
Spousal support, also commonly referred to as alimony, is not awarded as often as it was in the past. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to alimony or the court can order it. Decisions about alimony are made based on many factors, but the more common factors include:
- Age
- Health (physical, mental, emotional)
- Education
- Potential to earn
- Standard of living during the marriage
- Length of the marriage
- Difference between earning capacities
Child Custody in Minnesota
Child custody is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on what is in the child's best interest.
Child Support in Minnesota
Both parents are required to provide financial support for their children. When a parent has primary custody and the financial circumstances require it, the court may order child support. Most courts will use a child support calculator to help determine the amount.
Contact a Divorce Attorney in Minnesota Today
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact us through our online form or call us directly at 414-253-8500 to schedule a free consultation.
Frequently Asked Questions (FAQs)
1. What Is the Difference Between a Contested and Uncontested Divorce?
In an uncontested divorce, both parties agree on all matters related to property division, child custody, child support, and spousal support. This process is generally faster and less expensive. A contested divorce occurs when the couple cannot agree on one or more issues, which often leads to a court trial. Contested divorces are typically more complicated, taking longer to resolve and costing more in legal fees.
2. What Are No-Fault and Fault-Based Divorces?
No-fault divorces allow a couple to split without assigning blame to either party. Grounds for a no-fault divorce usually include "irretrievable breakdown of the marriage" or "irreconcilable differences." On the other hand, fault-based divorces require one spouse to prove that the other spouse's misconduct led to the dissolution of the marriage. Examples of fault include adultery, abandonment, and abuse.
3. How Is Marital Property Divided in Minnesota?
Minnesota follows the equitable distribution model, meaning that assets are divided in a way that is fair but not necessarily equal. Marital property, acquired during the marriage, will be subject to division, whereas individual property, owned prior to the marriage, usually remains with the original owner. Factors such as the length of the marriage, the income and assets of each spouse, and contributions to the marriage are considered when dividing property.
4. What Factors Are Considered When Determining Spousal Support?
Spousal support, also known as alimony, is awarded based on a variety of factors, including the age and health of both spouses, education, earning potential, the standard of living during the marriage, and the length of the marriage. The objective is to prevent unfair economic hardship for the dependent spouse post-divorce.
5. How Is Child Custody Determined in Minnesota?
Child custody decisions in Minnesota are made based on the child's best interest. Courts generally prefer joint custody arrangements, allowing both parents to be involved in the child's life. Factors such as the child's age, health, emotional ties with parents, adjustment to school, and the parents' ability to provide care are all considered. In some cases, one parent may be granted sole custody, while the other receives visitation rights.
If you're going through a divorce in Minnesota and have more questions, don't hesitate to reach out for legal assistance. Contact us through our online form or call us directly at 414-253-8500 to schedule a free consultation.
