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Divorce
Forms |
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 So
in the final analysis, the vow "til death
do us part" never really applied. Maybe the
marriage vows should include "as long as
love, honesty and commitment last? Just a thought.
Take a deep breath. If nothing else, we'll give
you some answers and ease your anxiety. If you're
having a tough time coping, perhaps you should view
this page first.
Child Support
In general
terms, Minnesota divorce laws facilitate child
support amounts by multiplying the payer's net
income by the percentage indicated in the following
table. Number of children appear along the top
row (1 through 6). Child Support will be paid
based on the following table:
| net income/mo. |
one child |
two |
three |
four |
five |
six |
| $551-600 |
15% |
19% |
22% |
25% |
28% |
30% |
| $601-650 |
17% |
21% |
24% |
29% |
32% |
32% |
| $651-700 |
18% |
22% |
25% |
28% |
31% |
34% |
| $701- 750 |
19% |
23% |
27% |
30% |
33% |
36% |
| $751- 800 |
20% |
24% |
28% |
31% |
35% |
38% |
| $801- 850 |
21% |
25% |
29% |
33% |
36% |
40% |
| $851-900 |
22% |
27% |
31% |
34% |
38% |
41% |
| $901- 950 |
23% |
28% |
32% |
36% |
40% |
43% |
| $951- 1000 |
24% |
29% |
34% |
38% |
41% |
45% |
| $1001-5000 |
25% |
30% |
35% |
39% |
43% |
47% |
For those
parents whose incomes exceed the income limit,
they will be ordered to pay child support as if
their income was equal to that limit. In other
words, child support is capped in Minnesota equal
to the limit. Minnesota child support is configured
using the individuals' monthly income minus any
of these: 1. Federal Income Tax, 2. State Income
Tax, 3. Social Security Deductions, 4. Reasonable
Pension Deductions, 5. Standard Deductions apply,
6. Union Dues use of tax tables, 7. Cost of Dependent
Health recommended Insurance Coverage, 8. Cost
of Individual or Group Health/Hospitalization
Coverage or an Amount for Actual Medical Expenses
and 9. A Child Support or Maintenance Order that
is Currently Being Paid.
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Lawyer Advertising
Child Custody
Throughout Minnesota
divorce laws, the best interests of the child
prevail. Minnesota defines that as it relates
to child custody by considering any or all of
the factors below:
»The wishes of the child's parent or
parents as to custody;
»The reasonable preference of the child, if the
court deems the child to be of sufficient age
to express preference;
»The child's primary caretaker;
»The intimacy of the relationship between each
parent and the child;
»The interaction and interrelationship of the child
with a parent or parents, siblings, and any other
person who may significantly affect the child's
best interests;
»The child's adjustment to home, school, and community;
»The length of time the child has lived in a stable,
satisfactory environment and the desirability
of maintaining continuity;
»The permanence, as a family unit, of the existing
or proposed custodial home;
»The permanence, as a family unit, of the existing
or proposed custodial home;
»The capacity and disposition of the parties
to give the child love, affection, and guidance,
and to continue educating and raising the
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child
in the child's culture and religion
»The child's cultural background;
»The
effect on the child of the actions of an abuser,
if related to domestic abuse that has occurred
between the parents or between a parent and another
individual;
»The disposition of each parent to encourage
and permit frequent and continuing contact by
the other parent with the child.
The court will not consider
conduct of a proposed custodian that does not
affect the custodian's relationship to the child.
It will consider any evidence of false allegations
of child abuse in determining the best interests
of the child.
The court will
presume that joint legal custody is in the best
interests of the child. Evidence to the contrary
can be presented that contests that presumption,
or the court can, in its own discretion, make
orders for one parent to be awarded sole custody.
The court will
grant the following rights to each of the parties:
—Each party has
the right of access to, and to receive copies
of, school, medical, dental, religious training,
and other important records and information
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about the minor children.
—Each party has the right of access to information
regarding health or dental insurance available
to the minor
children.
—Each party will keep
the other party informed as to the name and address
of the school of attendance of the minor children.
—Each party has the right to be informed
by school officials about the children's welfare,
educational progress and status, and to attend
school and parent-teacher conferences. The school
is not required to hold a separate conference
for each party. In case of an accident or serious
illness of a minor child, each party will notify
the other party of the accident or illness, and
the name of the health care provider and the place
of treatment.
—Each party has the
right to reasonable access and telephone contact
with the minor children. The court may waive any
of the rights under this section if it finds it
is necessary to protect the welfare of a party
or child.
When parenting time is
contested, the parents of a minor child will be
ordered to attend a minimum of eight hours in
an orientation and education program that meets
the minimum standards stipulated by the Minnesota
Supreme Court.
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Visitation/Co-Parenting
Both parents
can plan visitation and the framework for a visitation
agreement, but if communication breaks down, a
parenting plan will be made a part of the divorce
decree and both parents are required to comply
with the parenting plan. In the event you are
able to agree, consider all issues to be included
in your agreement and leave nothing to interpretation.
Be as specific as you can including the right
language in your agreement. How is the decreed
custody defined? What are the rights and responsibilities?
Who has legal custody? Which holiday does the
child spend with you? What time and where
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may
the other parent pick the child up? What time
should the child be returned home? What is the
procedure to follow if either of you are running
late and won't be there on time?
How much
notice should you be given if they are planning
a vacation? How far away may the other spouse
move? What about future partners? Should those
partners stay overnight in front of the children?
If the court decides,
it will likely include in the visitation plan:
alternate weekend visitation (3-day weekends included),
mid-week visitation, sharing of the children during
periods
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of
school recess -winter, spring and summer, New
Year's Eve, Easter, Rosh Hashanah and Yom Kippur,
Thanksgiving, and Christmas with one parent or
the other in alternate years, Father's Day with
Father, Mother's Day with Mother, alternate years
on the children's birthdays, and open communication
by phone and computer.
Be aware that you have to guide your side of
the divorce. Don't rely that your attorney will
think of everything. You set the course; your
lawyer navigates. If you anticipate any problems
with custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
A court
in Minnesota, in a petition for a dissolution
of marriage or legal separation, may grant a maintenance
(also known as alimony or spousal support) order
for either spouse if it finds that the spouse
seeking alimony or maintenance:
(a) lacks
sufficient property, including marital property
apportioned to the spouse, to provide for reasonable
needs of the spouse considering the standard of
living established during the marriage, especially,
but not limited to, a period of training or education,
or
(b) is unable
to provide adequate self-support, after considering
the standard of living established during the
marriage and all relevant circumstances, through
appropriate employment, or is the custodian of
a child whose condition or circumstances make
it appropriate that the custodian not be required
to seek employment outside the home. The
alimony or maintenance order can
be
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either
temporary or permanent, as the court deems just,
without regard to marital misconduct. The court
may consider relevant factors including:
»The financial resources
of the party seeking maintenance, 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;
»The time necessary to acquire sufficient education
or training to enable the party seeking maintenance
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;
»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;
»The loss of earnings, seniority, |
retirement
benefits, and other employment opportunities forgone
by the spouse seeking spousal maintenance;
»The age, and the physical and emotional
condition of the spouse seeking maintenance;
»The ability of the spouse from whom maintenance
is sought to meet needs while meeting those of
the spouse seeking maintenance; and
»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.
You may realize that we all need some help
processing all this angst. The help can come in
the form of friends, relatives or professionals.
If you're not inclined to approach family or friends,
and unwilling to pay for professional counseling,
the next best step would be educating yourself,
through reading. This site has a Bookstore
sponsored by Amazon.com, where you can find
some fabulous books on just about every consideration
surrounding divorce. Spend some time and a few
bucks to help yourself get through this nightmare
in one piece. |
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Grounds
For Divorce
Minnesota divorce
statutes define a dissolution of marriage (divorce)
as the complete termination of the marital relationship
between a husband and wife. A decree of legal
separation does not terminate the marital status
of the parties, however. A divorce will be granted
by a county or district court when the court finds
that there has been an irretrievable breakdown
of the marriage relationship.
In a request
for uncontested legal separation, both parties
petition and neither party contests the granting
of the
decree or petitions for a decree of dissolution
(divorce).
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Minnesota divorce
statutes permit dissolution of marriages based
upon the grounds of irretrievable breakdown of
the marriage. This is a "finding of irretrievable
breakdown of the marriage with no reasonable prospect
of reconciliation". The
parties must have either lived separate and apart
for more than one hundred eighty (180) days or
there must exist serious marital discord that
adversely affects one or both of the parties toward
the marriage. A couple filing for divorce may
used the summary dissolution (uncontested) procedure
if: 1. no living minor children have been born
to or |
adopted
by the parties before or during the marriage,
unless someone other than the husband has been
proven to be the father; 2. the wife is not pregnant;
3. they have been married fewer than eight years
as of the date they file their joint declaration,
4. neither party owns any real estate; 5. there
are no unpaid debts in excess of $8,000 incurred
by either or both of the parties during the marriage,
excluding liens or loans on automobiles; 6. the
total fair market value of the marital assets
does not exceed $25,000, including net equity
on automobiles; 7. neither party has non marital
assets in excess of $25,000; neither party has
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Marriage
Annulment
Marital Annulment
A marital
annulment in Minnesota is more difficult to get
than most other states. If you want an annulment
(sometimes called a marriage annulment which voids
the marriage as if it never existed), you must
act quickly. There do not appear to be forms |
available,
so you should seek an attorney's help with the
process. An annulment will be issued if one proves
1. a party lacked capacity to consent (and the
petition is filed no later than 90 days after
the petitioner obtained knowledge of the described)
or by the2.
under aged party, the party's parent or guardian,
before the time the under aged party reaches the
age at which the party could
have married without
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satisfying
the omitted requirement, 3. One party has a mental
illness, 4. One party was under the influence
of alcohol, drugs or other “incapacitating” substance
at the time of the marriage ceremony, 5. One party
is not able to “consummate” the marriage
with sexual intercourse and the other party did
not know this at the time of the marriage ceremony.
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Marriage
Counseling/
Mediation
Under Minnesota law, in
a contested proceeding involving custody or parenting
time of a minor child, the parties are required
to begin participation in a parent education counseling
program within 30 days after the first filing
with the court. Should the court see benefit from
the parties participating in mediation sessions,
it will so order.
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Legal
Separation/
Marital Separation
You do not need to file
court papers to separate in Minnesota. "Legal
Separation" is a major change in the status
of your marriage. To get a legal separation (sometimes
referred to a |
marital
separation) you must serve and file a petition
in the appropriate Family Court (county where
you or your spouse live). A legal separation looks
just like a divorce, except that the marital status
is still married and one cannot change surnames
or remarry.Both
include custody, parenting
time, child support, and, if appropriate, spousal
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maintenance (alimony) orders. All the family assets
and debts are permanently divided. A legal separation
is often sought by one of the parties that wants
to terminate the relationship but wishes that
the marital status not be interrupted for religious
or health care insurance coverage reasons. |
Waiting
Period
No residency requirement
or waiting period applies. |
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Grandparents Rights
Grandparents
may submit a petition to the court during or after
proceedings for dissolution or legal separation.
The court will determine if visitation is in the
best interest of the minor child. Consider submitting
the petition while the proceeding for divorce
is still underway, as additional expenses could
be involved with a separate petition after the
fact. |
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
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Divorce
Settlement
The parties will have an opportunity
to reach a divorce settlement of their marital
assets and liabilities. Should they be unable
to, the court will make the division. Without
regard to marital misconduct, the court will make
a just and equitable division of marital assets
after identifying and assigning pre-marital assets
to the parties. The court will place a value on
all assets and will base its |
findings
of division on any and all relevant factors including:
the length
of the marriage; any prior marriage of a party;
age; health. occupation; amount and sources of
income; vocational skills; employability; estate;
liabilities; needs; opportunity for future acquisition
of capital assets; income of each party. If the
court finds that either spouse's resources or
property, including the spouse's portion of the
marital property are so inadequate as to work
an unfair hardship, the court may, in addition
to the marital property, apportion up to one-half
of the property prevent the unfair hardship.
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Did
you come into this marriage owning a house? Concerned
about the equity in that house that you brought
into the marriage? Here's how it works generally.
What you brought into the marriage is usually
all yours. However, any appreciation of the house
or the property value is normally treated as a "marital
asset", meaning that you will likely forfeit
a third to a half of that appreciation to your
spouse in the divorce.
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Residency
Requirements
In order for a dissolution
of marriage (divorce) to be granted, one of the
parties must have resided in Minnesota for no
less than 180 after the filing for the action.
Armed Services personnel also have to meet the
180 day test. A party may file a divorce action
if they have been a resident of Minnesota for
at least the same 180 days, with regard to the
defendant's domicile. |
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