Minnesota Family Law Resources

Filing for or being served with divorce papers means a significant change in your life. For many, the longer they were married, the more significant the change – you’ll have to get used to being independent and, for most families, living on one income. If you have children, the change is significant for you and them, as everyone needs to adapt to different living arrangements. Cordell & Cordell can guide you through the complex process of divorcing, creating a parenting plan that is in the best interests of the children, division of assets, and more.

Read more about the various issues during a divorce:

• Minnesota Child Support Guidelines Deviations
• 11 Enforcement Options If You Owe Support Arrears
• Edina Father’s Rights
• Minnesota Child Custody Questions

Minnesota Divorce Process

Under Minnesota law, a divorce is referred to as a dissolution of marriage. To initiate a divorce, you must serve a petition for dissolution of marriage and a summons. The subsequent steps include:

• Serve your spouse with the Summons and Petition for Dissolution of Marriage. You can then file the Affidavit of Service or Acknowledgement of Service in Court; or you can wait to file to see if you can reach an agreement without needing Court intervention.
• Your spouse must serve, and file if the case has been filed, an answer and perhaps counterpetition for dissolution of marriage within 30 days or risk defaulting, unless an extension has been granted.
• Complete the other paperwork, including a confidential information form, and if you have children, a financial affidavit.
• Exchange information – This is generally called informational discovery where each side requests, and the parties exchange bank statements, tax returns, titles, deeds, retirement account statements, credit card statements, and other financial documents, even for joint accounts.
• Determine who will have physical custody and legal custody of the minor children, and what days/overnights the minor children will spend with each parent.

If you both agree on all of the issues, you can file a stipulated findings of fact, conclusions of law, order for judgment and judgment and decree. If you agree on some of the issues, you can file a partial stipulated judgment and decree and litigate the issues upon which you can’t agree. If you file a partial stipulated judgment and decree, you only need to litigate those issues on which you disagree. The court will incorporate the partial stipulated judgment and decree into the final judgment.

If you are able to resolve all of your issues you may not need a final hearing and the Court can administratively enter your judgment of divorce. If you are not able to resolve all your issues, you will proceed to a final trial where the Judge will make a decision on the disputed issues based on the evidence presented at the trial.

Minnesota Residency Requirements

Minnesota has a residency requirement in order to file for divorce. You must have lived in the state for at least 180 days prior to filing. However, if you are in the military and have kept your residency in Minnesota, you can still file, although you are currently living in another state. If you are in the military and a divorce is being contemplated you must also make sure there is compliance with the Servicemembers Civil Relief Act (SCRA). You must file a dissolution of marriage in the district court in the county where you or your spouse lives.

Grounds for Divorce in Minnesota

Minnesota is a no-fault state, which means that you need only plead irreconcilable differences for a divorce in a Minnesota court.

Minnesota Property Division Process

Minnesota is an equitable distribution state. If you can’t agree on property distribution, the court will do it for you. It looks at several factors when determining the distribution of property and does not use marital misconduct as a factor in determining asset division. The factors the court uses include:

• The duration of the marriage
• Prior marriages for either party
• The parties’ ages
• The parties’ health
• The needs of the parties
• Occupation
• Sources of income
• Amount of income
• Vocational skills
• Real estate
• Employability
• Future earning capacity
• Liabilities
• Current income

Equitable distribution of marital property allows for a fairer distribution of assets. With equitable distribution, you can “trade” one asset for another. Your spouse’s retirement account might be the same as yours – you can agree to keep your accounts. If your retirement account is larger, you can agree to give your spouse another asset in exchange for keeping your full retirement account; or do a post-divorce order that results in a tax-free, penalty free transfer from one retirement account to another in order to equalize retirement assets.

Nonmarital Property

The court will also consider nonmarital property. If you received a gift or inheritance given to only you, that is nonmarital property and generally cannot be divided with your spouse.

Other nonmarital property includes property you owned prior to the marriage as long as it wasn’t comingled with marital property, such as income earned during the marriage.

Minnesota Child Custody Laws

Minnesota family courts always look to the best interests of the child when determining custody and parenting time. In addition, the courts also review several other factors, including:

• The child’s physical, cultural, emotional, and spiritual needs
• Special medical, mental health, developmental disability, or educational needs
• The preferences of the child if the child is mature enough to express their wishes
• Domestic abuse
• The parent’s physical, mental and chemical health
• Each parent’s participation in providing for the child
• The willingness of each parent to provide ongoing care for the child; to meet developmental, emotional, spiritual, and cultural needs of the child
• The effect on changes to the child’s home, school, and community
• The effect of the proposed arrangements on the child, siblings, parents, grandparents, and other significant people in the child’s life
• The benefit of maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent
• The willingness of each parent to allow frequent contact with the other parent

The court presumes that joint legal custody is in the best interests of the child. There is no presumption for physical custody, and joint physical custody does not necessarily mean equal parenting time.

Minnesota Child Support

Under Minnesota law, the children have a right to be financially supported by both parents. The statutes provide guidelines for determining child support. To determine the base amount for child support:

• The calculator can be found here: https://childsupportcalculator-beta.dhs.state.mn.us/
• Input each parent’s gross incomes.
• Input the payment and receipt of spousal maintenance.
• Input the number of overnights each parent has with the child(ren)
• Input any non-joint children of the parents.
• Input insurance premiums (medical and dental)
• Input childcare costs.

Generally, the parent with more parenting time receives child support from the parent with less parenting time; if parenting time is equal the parent with the higher income generally pays basic child support to the other parent.

Minnesota Child Support Modification

Child support is difficult to modify – you can’t just quit your job and expect the courts to issue a downward modification of support. You must be able to show:

• A substantial change in financial circumstances that is not voluntary
• A substantial change in the need for support
• Receiving assistance under the AFDC program
• A change in the cost of living for either parent that is beyond the control of the parent
• A change in the availability of health insurance or medical costs. For example, a change can be if the parent paying for health insurance premiums is forced to change insurance companies and the premiums increase.
• The addition of childcare expenses due to a change at work or school, such as a mandatory change in shifts and the other parent cannot care for the child
• When the child becomes emancipated. Emancipation can include getting married, legally emancipated at an age younger than 18, or joining the military.

The change must result in an increase or decrease of $75 per month AND a 20 percent increase or decrease.

Minnesota Spousal Maintenance

Another family law matter is alimony, or, as it is referred to under Minnesota law, spousal maintenance. The court has discretion over ordering spousal maintenance and reviews several factors, including:

• The financial resources of both parties.
• The ability of each party to meet their individual needs.
• Whether the parent is a custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
• The time required to obtain sufficient education or training to become independent and earn a living.
• Each party’s age and work-related skills.
• The standard of living established during the marriage.
• The duration of the marriage.
• The length of absence of a party from the workforce because he or she stayed home to be a housewife and have children.
• Loss of earnings, retirement benefits, seniority, and other work benefits because a spouse became a homemaker.
• The age, physical, and emotional condition of the parties.
• The contribution of each party in acquiring and preserving the value of marital property.
• The contribution of a spouse as a homemaker so the other could further his or her employment or business.

Spousal maintenance can be transitional or indefinite. If the receiving spouse cohabitates with another adult they would marry but for the receipt of spousal maintenance, the court may reduce, suspend, reserve, or terminate spousal maintenance if the factors listed in the statute are met.

Why Work with Cordell & Cordell

When facing legal issues, including divorce, custody arrangements, property division, and other family law concerns, an experienced Minnesota family law attorney can guide you through the process of obtaining a dissolution of marriage.

Client Experience

“[My lawyer] made sure I was treated well. She listened to me and advised when I needed to keep my emotions in check. I would always refer her as she was very good.” — Kyle R.

“[My lawyer] is exceptionally well at explaining, informing, and being empathetic.” — Timothy H.

Start Your Case With Confidence

Contact Cordell & Cordell for a consultation if you are planning on filing a divorce or your spouse served you with a dissolution of marriage. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.