MARITAL DISSOLUTION

Minnesota’s divorce system is based on the principle of “no-fault,” meaning that a dissolution will be granted if either party believes that the marriage is over.  Generally, the causes of the failure of the marriage are not an issue in court.  All that matters is that the marriage needs to be ended.

 Often, divorcing couples reach out-of-court settlements. Operating in a cooperative manner can result in a more efficient, cost-effective resolution of your disputes with greater satisfaction of both of you. By reaching a settlement, you control the outcome of your case. Otherwise, it will be left up to a judge- who won't know nearly as much about your personal situation as you do- to make decisions regarding your future. Leaving it up to the Court is always an option, but shoudn't be the starting point in the process if it can be avoided. 

 Every dissolution is different.  Your results may be very different from your neighbor’s, friend’s, or relative’s.  You cannot rely upon what happened in their cases and assume that your results will be the same.  Cases that seem similar may, in fact, be very different and will be treated differently under the law. 

ISsues

   Dissolutions generally involve four major issues: child custody and parenting time, child support, spousal maintenance, and division of property and debts.

Child Custody AND PARENTING TIME

   In Minnesota when a dissolution involves minor children, the parties or the court must decide custody and parenting time. There are 2 types of custody "labels" in Minnesota: legal custody and physical custody.

Legal custody means the  right to make major life decisions regarding the upbringing of your minor children, which include education, medical treatment, and religious upbringing. Both parents and their children may be required to attend an education program before the dissolution is granted.  

Physical Custody refers to the residence and and day-to-day care of the minor children.

Physical custody is different from Parenting Time, which usually refers to a specific schedule for the minor children. Parenting Time can address the children's schedules, the parents' schedules, transportation and where the children will sleep at night.

Child Support

    Both parents are required to continue supporting children after the divorce.  Both parents income will be taken into consideration when calculating child support.  

Spousal Maintenance

  Spousal support is necessary in some cases.  The Court will consider two factors: one party’s need and the other’s ability to pay.  Both of these factors must be proven in court by the requesting spouse. 

Property Division

  Under Minnesota law, there will be a “fair and equitable distribution” of marital property and debts.  “Equitable” does not always mean “equal.”   

In the marriage dissolution, the income, assets and debts accumulated during the marriage must be allocated between you and your spouse.  The law is that you and your spouse are financial partners during the marriage and are presumed entitled to share in both the assets and income the partnership made.  You must make a full disclosure of your finances.