Seeking a divorce is almost always complicated, challenging, and emotionally taxing. Making this process even more difficult is the fact that some states require significant proof that one spouse did something wrong to cause the divorce. Fortunately, Minnesota is not one of those states. Minnesota is a no-fault state for divorce, which means only one spouse must testify that the marriage is over for our courts to grant a divorce.
However, it’s important to note that fault is still relevant in certain aspects of a Minnesota divorce. Achieving your desired outcomes in this process requires an understanding of when fault matters, how the divorce process works, and what help you have available to you as you seek to secure your future.
What is a No-Fault Divorce?
A no-fault divorce is a legal definition that means you don’t have to show that your spouse did anything wrong – such as infidelity, abuse, or abandonment – to seek a divorce. All you need to do is petition for the divorce by stating that the marriage is “irretrievably broken.” By stating these grounds, the courts will not consider which spouse’s actions caused the breakdown of the marriage.
The primary benefit of no-fault divorces is that they typically move faster and cost less because there’s no need to gather evidence to prove fault. No-fault divorces also make it much easier to avoid court, making the process even faster, more cost-effective, and less stressful.
Does Fault Ever Matter in a Minnesota Divorce?
While the courts can grant a divorce without any proof of wrongdoing from either spouse, that doesn’t mean fault will not come into throughout the entire divorce process. In fact, fault can become highly relevant in the following situations:
- Child Custody – Minnesota courts make all custody decisions based on the child’s best interests. When one parent has a history of domestic violence, substance abuse, neglect, or any other behavior that might impact the child’s well-being, it can affect their decisions when establishing custody.
- Property Division – Minnesota follows an “equitable distribution” system for property division in a divorce, which means assets are divided fairly, not necessarily equally. In rare cases, if one spouse significantly damaged marital assets, the court may consider this when determining who gets what.
- Spousal Maintenance – Spousal maintenance is not generally affected by fault, but in cases where assets were hidden, excessive spending occurred, or one spouse manipulated finances in some other way, it may impact the court’s decision when determining alimony payments.
How the No-Fault Divorce Process Works
While no-fault divorces are typically quicker and smoother, they still have a process to follow and specific requirements to adhere to. That process includes:
- Meeting the Residency Requirements – Before filing for divorce, one or both spouses must have lived in Minnesota for at least 180 days. If you don’t meet these requirements, Minnesota courts will not have jurisdiction over your divorce.
- Filing for Divorce – One spouse must file a Petition for Dissolution of Marriage in the county where either spouse resides. For no-fault divorces, this is when you will cite an “irretrievable breakdown” in the marriage as your grounds for divorce.
- Serving the Other Spouse – For the process to continue, the other spouse must be served with the divorce papers. This ensures that both parties are involved in the proceedings.
- Negotiating the Terms – The spouses will then negotiate a settlement either directly, through their attorneys, or with the help of a neutral mediator. This will determine things like asset division, spousal maintenance, and child custody.
- Finalization – If both parties agree on the terms, they can then submit their agreement to the court for approval. No-fault divorces can frequently be finalized without any court appearances. However, if the terms can’t be agreed upon, a court hearing or trial may be necessary.
Contact a Divorce Attorney Today
Even a no-fault divorce can be challenging to pursue independently. Working with an experienced divorce attorney can make all the difference in securing a bright future for you and your family. The team at Terzich & Ort, LLP, can help you through this process efficiently and work to achieve your desired outcomes. Contact us today for your consultation.
