Terzich & Ort, LLP
Make Your Consultation Appointment Today.
View Our Practice Areas

A childless divorce in Minnesota: What to expect

Marriages can go through strains and pressures no matter what the circumstances. Many people say that their marriage became more challenging once kids were put into the equation. However, many married couples decide to file divorce at a stage in their lives when they do not have children. The divorce process is never an easy one, but in the state of Minnesota, divorce can be simpler when no children are in the picture.

If you are considering filing for a divorce in the state of Minnesota as a person without children, you may be curious about how state laws will apply to you. Even though you will not have to deal with child support issues or lengthy child custody disputes, the process of divorce can still entail many different facets that can have long-term implications on your financial and emotional wellbeing.

How does the divorce process work for couples without children in Minnesota?

In the state of Minnesota, the assets are divided in a divorce using the legal principle of equitable distribution. This means that instead of all assets in the marriage being divided exactly 50/50, a judge is brought in to determine what type of asset split would be deemed fair to both parties.

The judge will take many things into account. He or she will consider the income of both people, the length of the marriage, the age of both couples and prospective incomes. The fact that there are no children involved can make this process simpler, because in cases of couples divorcing with children, the custody status of each parent will also be taken into account.

The only assets that will be divided by the judge will be assets that are considered marital property. Marital property is defined as any assets, for example a car or a house, that were bought during the marriage. Assets acquired before the marriage will be considered separate property and will not be subject to division.

If you are considering divorce in Minnesota, it might be encouraging to note that it can be a more straightforward process when the couple does not have children.

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • The National Top 40 Under 40 Trial Lawyers
  • Minnesota's Best Lawyers 2016
  • Top 50 Woman Attorneys In Minnesota 2016
  • Avvo Rating 10.0 Superb Top Attorney Family
Email us for A response

How Can We Help You?

Use our Dissolution strategy worksheet to prepare for your first meeting.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

11284 86th Ave
Maple Grove, MN 55369

Phone: 763-391-7354
Fax: 763-391-7589
Maple Grove Law Office Map