MINNESOTA DIVORCE LAWS:
The Residency Requirement: To file for divorce in Minnesota, one of the spouses must have been a resident for six months immediately before the divorce petition is filed. The petition may be filed in a county where either spouse resides.
Grounds: No fault: The irrevocable breakdown of the marriage relationship shown by living separate and apart for 180 days, or serious marital discord adversely affecting the attitude of one or both spouses.
Property Division: Minnesota is an equitable-distribution, dual-classification state. That means property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally. In dividing marital property, the court shall consider 11 specific factors, including the economic circumstances of the parties, the length of the marriage, and the age and health of the parties (click the following for an expert's overview and key tips on dividing up property through divorce).
Alimony: Alimony can be awarded to either the husband or wife, based on:
- The standard of living established during the marriage,
- The duration of the marriage,
- The age and physical and emotional condition of the parties
- The contributions to the marriage
- The financial condition of the parties.
Child Custody and Support: As in every state, custody is based on “the best interests of the child.” Legal and/or physical custody may be awarded to the father or the mother (click the following for an overview and list of articles on child custody and child support).
Minnesota child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.
For a combined adjusted monthly income of:
- $2,000, support for one child is $516; for two children, $832; for three children, $960.
- $5,000, support for one child is $831; for two children, $1,260; for three children, $1,450.
- $10,000, support for one child is $1,270; for two children, $2,070; for three children, $2,380.
Minnesota has an on-line calculator that can help you figure child support in your case: http://childsupportcalculator.dhs.state.mn.us/
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.