Minnesota divorce laws
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:
|
Net income/month |
1 |
2 |
3 |
4 |
5 |
6 |
| 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:
-
Federal Income Tax
-
State Income Tax
-
Social Security Deductions
-
Reasonable Pension Deductions
-
Standard Deductions apply-
-
Union Dues use of tax tables
-
Cost of Dependent Health recommended Insurance Coverage
-
Cost of Individual or Group Health/Hospitalization Coverage or an Amount for Actual Medical Expenses
-
A Child Support or Maintenance Order that is Currently Being Paid.
For a definition of what does and does not constitute
income,
consult
Minnesota
divorce
laws
through our state
statutes page.
| Divorce Myth: There's no place for lawyers in mediation. Reality: Lawyers who understand and support mediation can help mediating spouses in several ways: by informing them of their legal rights and options, by coaching them through the negotiations, by coming up with creative settlement ideas, and by preparing the necessary divorce paperwork once an agreement is signed. Most consulting lawyers charge a reasonable hourly fee and don't require a large retainer (advance deposit). A spouse pays for only as much consulting time as is needed. |
Residency 
 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.
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 mental and physical health of all individuals involved; (disability will not disqualify a parent without a thorough examination)
-
the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the 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 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.
| Divorce Myth: When parents don’t get along, children are better off if their parents divorce than if they stay together. Reality: A recent large-scale, long-term study suggests otherwise. While it found that parents’ marital unhappiness and discord have a broad negative impact on virtually every dimension of their children’s well-being, so does the fact of going through a divorce. In examining the negative impacts on children more closely, the study discovered that it was only the children in very high conflict homes who benefited from the conflict removal that divorce may bring. In lower-conflict marriages that end in divorce—and the study found that perhaps as many as two thirds of the divorces were of this type—the situation of the children was made much worse following a divorce. Based on the findings of this study, therefore, except in the minority of high-conflict marriages it is better for the children if their parents stay together and work out their problems than if they divorce. |
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).
Minnesota divorce statutes permit dissolution
of marriages based upon the 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:
-
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;
-
the wife is not pregnant;
-
they have been married fewer than eight years as of the date they file their joint declaration;
-
neither party owns any real estate;
-
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;
-
the total fair market value of the marital assets does not exceed $25,000, including net equity on automobiles;
-
neither party has non marital assets in excess of $25,000;
-
neither party has been a victim of domestic abuse by the other.
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 program within 30 days after the first filing with the court.
Alimony
A court in Minnesota, in a petition for a dissolution of marriage or legal separation, may grant a maintenance 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 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 standard of living established during the marriage;
-
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.
Waiting
Period
No residency
requirement or
waiting
period applies.
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.
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Dividing Assets
 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.
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.
|
