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.

Settlement

  The best way to conclude your case is to settle it.  Through compromise and cooperation, a settlement can lead to greater mutual satisfaction and lessened animosity between you and your spouse. 

Variations

  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. 

Finances

   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. 

Issues

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

Child Custody

   Both parents and their children may be required to attend an education program before the dissolution is granted.  The program will help you understand what affect divorce has on children, and how you can make the transition less traumatic for them.  Remember, your marriage may be ending, but you will always be parents to your children. 

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.”