First of all it’s helpful to know what Minnesota considers grounds for divorce
Each state has unique grounds in which a dissolution of marriage may be granted by the court. When choosing the grounds for your dissolution of marriage, you should always remember that you must have sufficient proof to the court that your marital situation warrants a dissolution of marriage by the grounds you are requesting.
Grounds for Filing: The Petition for Dissolution of Marriage needs to declare the appropriate Minnesota grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court of law.
The dissolution of marriage grounds are as follows:
1. An irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage.
(Minnesota Statutes – Chapters: 518.06, 158.13)
Minnesota Divorce Laws & Child Support & Child Custody Laws
Custody must be decided when minor children are involved in a divorce. Physical custody is where the child actually lives, while legal custody is the right of both parents to make decisions regarding major events in the child’s life including religion and education. The spouses are encouraged to create a parenting plan that addresses visitation rights, including where the child will spend major holidays and special occasions, and how the parents intend to resolve disputes about the child. The court may have input on the parenting plan; it will consider these issues:
- the wishes of the parents and the child, if the child is old enough to voice their opinion
- the relationship already established between the child and parent, including who was the primary caregiver during the marriage
- the relationship with siblings and where they live
- the child’s adjustment to their home, school, and community
- the stability of the child’s current living situation and whether that should be continued, including if they live in the marital home
- the ability of the parents to show love and affection to the child
- cultural backgrounds
- and the willingness of the parent to encourage the child’s relationship with the other parent.
When considering joint custody, the court will determine if the parents are able to cooperate and settle disputes, if it is in the best interest of the child to have equal time with both parents, and any history of domestic abuse. In Minnesota, the court can require parenting classes at any time. Grandparents can be granted visitation rights when necessary if it is beneficial to the child.
Minnesota uses the percentage of income formula to calculate child support amounts. The incomes of both parents are combined and then the court calculates the percentage that each parent is responsible for. Adjustments are made for health insurance or child care costs.
Other factors including when determining child support include: all financial resources of both parents, including income, property, or investments; any debts of the parents, especially those that were acquired during the marriage to support the family; any special needs of the child that could be costly; a reasonable standard of living for the child; any other children the parents support; and which parent claims the child as a dependent on tax returns. Both parents may determine amounts to contribute to an education fund for the child’s future.
The alimony order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including the following guidelines:
1. The financial resources of the party seeking alimony, including marital property apportioned to the party, and the party’s ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
2. The time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;
3. The standard of living established during the marriage;
4. The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;
5. The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking alimony;
6. The age, and the physical and emotional condition of the spouse seeking alimony;
7. The ability of the spouse from whom alimony is sought to meet needs while meeting those of the spouse seeking alimony; and
8. The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party’s employment or business.
|Statehood||May 11, 1858|
|State Capital||St. Paul|
|Number of Counties||87|
|State Population (2005)||5,132,799|
|State Quarter Issue Date||April 4, 2005|
|State Flower||Lady slipper|
|Nickname||North Star State, Gopher State, Land of 10,000 Lakes|
|Area Codes||218, 320, 507, 612, 651, 763, 952|
|Top 5 Cities (2000 population)||
|Major Sports Teams||MLB: Minnesota Twins
NFL: Minnesota Vikings
NBA: Minnesota Timberwolves
NHL: Minnesota Wild