Minnesota

Will I have to pay maintenance?

Maintenance is never a guarantee in divorce cases as there is no set formula for determining the length or amount of the awards. The court will look at all relevant factors in determining the appropriateness of a maintenance award, including:

• The financial resources of the party seeking maintenance;
• The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party’s future earning capacity;
• The standard of living established during the marriage;
• The duration of the marriage;
• The age and physical and emotional condition of the spouse seeking maintenance; and
• The ability of the spouse, from whom maintenance is sought, to meet his or her own needs while meeting those of the spouse seeking maintenance.

Do I have to go to court for my divorce?

In Minnesota, if an attorney represents you and the other party it is possible to file all dissolution documents administratively, which allows you both not to show up to court to finalize the divorce.

What are the grounds for divorce in Minnesota?

Minnesota is considered a “no fault” state. This means that you do not need the consent of your spouse to obtain a divorce, nor are the reasons why you want a divorce considered in granting the divorce. In Minnesota, the courts can enter a divorce decree upon showing that:

• One of the parties has lived in the state for 180 days prior to the commencement of the proceedings

• The marriage is irretrievably broken

Not finding the answer you are looking for? Browse our entire Minnesota Divorce FAQ.

How is child custody decided?

If you cannot mutually agree on custody, the court will have to determine the custody arrangement that it deems is in the best interest of the minor child. In some cases, the court will order a custody/parenting time evaluation to be done by a neutral private evaluator.

A custody/parenting time evaluation usually takes between three to six months to complete. The costs can vary between the evaluator chosen. The evaluator will make recommendations to the court. The courts will usually follow the recommendations.

If both parents share custody does anyone pay child support?

Child support is determined based on the gross monthly income of both parties and other expenses such as daycare costs and medical insurance costs. The parenting time of each parent is also a factor.

There are three tiers for parenting time percentages, under 10%, 10% to 45% and 45.1% to 50%. There is a 12% reduction in child support for a parent receiving between 10% and 45% of the parenting time. There is also a more significant reduction for a parent with 45.1% to 50%.

What if we cannot agree on a child custody arrangement?

If you cannot mutually agree on a custody arrangement, the court will have to determine a schedule that it deems is in the best interest of the minor child. In some cases, the court will order a custody/parenting time evaluation to be done by a neutral private evaluator.

A custody/parenting time evaluation usually takes between three to six months to complete. The costs can vary between the evaluator chosen. The evaluator will make recommendations to the court. The courts will usually follow the recommendations.

Not finding the answer you are looking for? Browse our entire Minnesota Child Custody FAQ.