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Laws & Courts:
Minnesota Law - state statutes, Chapters 517 through 519 State Court System - supreme and Appellate opinions, links to trial court districts, court news and more are available.
Minnesota Child Support
Child
Support Profile - profile the state's child support laws. Easy to use
table layout includes information on UIFSA, reciprocity, age of majority (emancipation),
statute of limitations, income withholding, paternity, support order establishment,
support enforcement, modification and review/adjustment. From the the Federal
Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Child Support Publications - online brochures in PDF for parents involved with child support
(from the Minnesota Department of Human Services). Child Support Enforcement
Division - overview of child support laws, division services, and a
telephone listing of state child support offices. Payment Center
- addresses of the state child support collection office payment center.
Additional Resources:
Minnesota State Bar Association - legal form downloads, court opinions, public information pamphlets and more from the MSBA. Resource Center for Fathers & Families
1201 89th Ave NE Suite 305
Blaine MN 55434
763-783-4938 Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status. For Minnesota chapters, contact Bruce Kaskubar at bk@mncrc.org Twin Cities Men's Center
- the mission of the Twin Cities Men's Center is to provide resources for men seeking to grow in body, mind, and spirit and from that foundation to advocate for healthier family and community relationships.
E-mail: tcmc@freenet.msp.mn.us.
Legal overview Divorce in Minnesota requires that you have been resident for at least 180 days. There is only one specific "ground" required to get a divorce in Minnesota, one spouse's belief that the marriage cannot continue. Read our detailed legal summary of Minnesota including grounds, annulment, duration, custody, child support, maintenance, property, and attorney.
Introduction
The Dissolution of a marriage, commonly called a divorce, is a legal proceeding to end a marital relationship. The court order of dissolution will also establish custody, visitation and support of minor children, award spousal maintenance, also known as alimony, make a fair, not necessarily an equal, division of debts and property between spouses, and may order one party to pay part or all of the other's court costs. In most cases, you or your spouse must live in Minnesota for 180 days (about six months) before you can file for dissolution.
Grounds
In Minnesota, there is only one ground for dissolution of a marriage: an irretrievable breakdown of the marital relationship. This means that there is no reasonable prospect of reconciliation of the differences between the marriage partners and that the marriage cannot be saved.
A divorce ends a marriage; a legal separation involves the same procedures as a divorce, but remarriage is prohibited. You may have religious, economic or other reasons for wanting a "legal separation" instead of a dissolution. In both actions, the court will decide issues of custody, support, maintenance, property, debts and court costs. Both a divorce and a legal separation require an irretrievable breakdown of the marital relationship. If one party asks for a legal separation and the other asks for a dissolution the judge will grant the dissolution.
Annulment
If you get an annulment, the judge will say that, legally, your marriage never existed. You will be able to remarry any time after the judge grants the annulment. For example, you may be able to get an annulment if you were induced to marry by force or fraud. Most people, however, do not qualify for an annulment.
Duration
Except by court order for certain emergencies, a minimum of several months usually elapses between serving the initial papers and the final hearing date. Most divorces take longer than several months, depending on the complexity of the case, the ability of the spouses to agree on issues (for example, property division or support), and the amount of other business before the court. A divorce is not effective until the Judgment and Decree is entered in the court records.
Custody
You and your spouse can decide who will take care of your children. You have two choices: "sole custody" or "joint custody." Sole custody means one parent has primary responsibility for bringing up the children. Joint custody means both parents share the responsibility.
If you and your spouse choose joint custody, you can decide on joint legal custody, joint physical custody, or both. With joint legal custody, both parents are involved in making important decisions about the children, such as where they will go to school. Joint physical custody means that the children spend time living with each parent on a regular basis. They do not have to spend equal amounts of time with each parent, although they may do so. Many situations involve sole physical and joint legal custody of the children.
If you and your spouse cannot agree on custody, the court will determine the physical and legal custody of your children. The decision is based on one overriding concern: the best interests and welfare of the children.
Whether you decide on sole or joint custody, the law works to help children see both parents regularly, unless there are good reasons to keep them apart. In almost all cases, the noncustodial parent has the right to visitation with a minor child. Visitation may not be conditioned upon payment of child support. In some instances, grandparents and certain other persons may also petition the court for visitation rights.
Child Support
Both parents owe their children a duty of support, even after a marriage ends. Child support is usually paid by the noncustodial parent to a custodial parent. The amount is based on a calculation using the incomes of both parents. This change in Minnesota law was recently signed by Gov. Jim Pawlenty. Payment of child support must be made regardless of any problems which may arise about visitation.
Maintenance
Maintenance is payment of money on a regular basis from one spouse to the other during or following a divorce. The payments may be for a specific length of time or may last indefinitely. They are based on one spouse's need for financial help. The spouse responsible for paying maintenance may take a tax deduction, and the recipient of maintenance must report it as taxable income.
You and your spouse may agree to the amount of maintenance. If you cannot agree, the judge will decide whether to award maintenance payments, and if so, whether it will be for a limited or indefinite length of time. In so doing, the court considers many factors, such as the length of the marriage, the standard of living enjoyed during the marriage, the relative incomes of the parties and their respective needs, and the emotional and physical health of the parties.
Property
Generally, all of the parties' property, including assets such as pension plans, is subject to division. The court has broad power to divide marital property "equitably" or fairly. "Nonmarital property" is real estate, money, furniture or other belongings that you or your spouse owned before you were married. It also includes property received either as a gift or inheritance. But even this property may be divided under certain circumstances.
If you and your spouse cannot agree, the court may consider many factors in distributing property and in determining liability for debt repayments, such as child custody, earning ability, length of marriage, and the physical and emotional health of the parties.
Attorney Facts
Ethical rules generally prohibit an attorney from representing both parties in a divorce action. Even if you and your spouse seem likely to agree on the terms of your divorce, there is always the potential for breakdown of agreements in a dissolution of marriage. Occasionally a lawyer will represent one spouse and the other will waive his or her right to legal counsel and represent himself or herself. The unrepresented party should consider having the terms of an agreement reviewed by a second attorney, to ensure an understanding of the legal consequences of the agreements.
NOTE: This information, based upon Minnesota law, is issued to inform, not to advise.
This information comes from:
Minnesota State Bar Association
600 Nicollet Mall #380
Minneapolis, MN 55402
