The Basics Of Minnesota Divorce Law

If you are filing for a divorce in the state onthe District Court.
Minnesota, there are a few things you shouldThe court bases its decision on several factors
know. If you know the basics of the processincluding the length of the marriage, age, health,
before you start, you'll be prepared and willoccupation, employability, needs, liabilities, amount
probably find the process smoother. Here areand sources of income of each party, opportunity
some of the basic facts that you should know.for future acquisition of capital assets and any
The initial document that needs to be filed withprior marriage of a party. The court also takes
the Minnesota court when requesting for ainto the consideration the contribution of a spouse
divorce is called the Petition for Dissolution ofas a homemaker or the contribution of each in
Marriage. The filing spouse will have to use thisany acquisition. It is presumed that both spouses
document to request the court to terminate thecontributed substantially to the acquisition of
marriage under certain specific grounds. If bothproperty and income while they were married.
parties submit the petition jointly as Co-PetitionersMinnesota Child Custody Factors
it eliminates the necessity for the use ofWhen deciding child custody issues pertaining to a
summons or for service of process.divorce, the children's best interest is the primary
Dissolution of marriage is governed by state lawconcern of the court. The court prefers if the
and it is essential that anyone filing for aparents can decide on the custody issues
dissolution of marriage in the state of Minnesotaamicably, failing which the court bases its custody
should meet specific residency requirements.decision taking into consideration several factors
Minnesota Property Division Factorsincluding the reasonable preference of the child if
Minnesota is an 'equitable distribution' state. Whilethe child is deemed to be old enough to express a
most debt and property issues are typicallypreference. Other factors include the intimacy and
settled between parties by a signed Maritalinteraction between each parent and the child; the
Termination Agreement, in the event that thechild's adjustment to school, home and community
parties are unable to reach an agreeableand the physical and mental health of all the
settlement, the District Court will first determineindividuals involved.
which debt and property is to be considered asMinnesota Child Support Factors
marital. After assigning a monetary value to thisFactors for determining child support include the
marital property and debt, the court will distributefinancial resources, income, earnings and assets of
the 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.
be allocated according to what is deemed fair by