The Basics Of Minnesota Divorce Law

u are filing for a divorce in the state on Minnesota,be allocated according to what is deemed fair by
there are a few things you should know. If youthe District Court.
know the basics of the process before you start,The court bases its decision on several factors
you'll be prepared and will probably find theincluding the length of the marriage, age, health,
process smoother. Here are some of the basicoccupation, employability, needs, liabilities, amount
facts that you should know.and sources of income of each party, opportunity
The initial document that needs to be filed withfor future acquisition of capital assets and any
the Minnesota court when requesting for aprior marriage of a party. The court also takes
divorce is called the Petition for Dissolution ofinto the consideration the contribution of a spouse
Marriage. The filing spouse will have to use thisas a homemaker or the contribution of each in
document to request the court to terminate theany acquisition. It is presumed that both spouses
marriage under certain specific grounds. If bothcontributed substantially to the acquisition of
parties submit the petition jointly as Co-Petitionersproperty and income while they were married.
it eliminates the necessity for the use ofMinnesota Child Custody Factors
summons or for service of process.When deciding child custody issues pertaining to a
Dissolution of marriage is governed by state lawdivorce, the children’s best interest is the
and it is essential that anyone filing for aprimary concern of the court. The court prefers if
dissolution of marriage in the state of Minnesotathe parents can decide on the custody issues
should meet specific residency requirements.amicably, failing which the court bases its custody
Minnesota Property Division Factorsdecision taking into consideration several factors
Minnesota is an ‘equitableincluding the reasonable preference of the child if
distribution’ state. While most debt andthe child is deemed to be old enough to express a
property issues are typically settled betweenpreference. Other factors include the intimacy and
parties by a signed Marital Terminationinteraction between each parent and the child; the
Agreement, in the event that the parties arechild’s adjustment to school, home and
unable to reach an agreeable settlement, thecommunity and the physical and mental health of
District Court will first determine which debt andall the individuals involved.
property is to be considered as marital. AfterMinnesota Child Support Factors
assigning a monetary value to this maritalFactors for determining child support include the
property and debt, the court will distribute thefinancial resources, income, earnings and assets of
marital assets between the spouses in anthe parents; the standard of living the child would
equitable fashion. Equitable in this case does nothave enjoyed if the marriage was still intact and
necessarily mean the assets will be equallythe educational needs of the child as well as the
distributed between the parties but rather it willchild’s emotional and physical condition.