When it comes to divorce, Minnesota is an equitable division state, which means something different for each family, depending on all the circumstances. In an equitable division state, a judge will divide the property in a way that the court considers to be fair to each party but may not necessarily be exactly equal. Minnesota is also a no-fault divorce state. This means that you do not need to prove any fault on the part of the other spouse in order for a divorce to be granted. However, a no-fault divorce is still a complicated matter that requires the expertise of an experienced Hennepin County divorce attorney.
From Jane’s interview for the Masters of Family Law series on ReelLawyers.com.
- Is There Any Benefit To Filing For A Divorce Before Your Spouse Under Minnesota Law?
- Does Minnesota Recognize Spousal Maintenance, Alimony, Or Spousal Support Awards In A Divorce Case? If So, Who Generally Is Required To Pay?
The court can award temporary or permanent spousal maintenance in a pending divorce, if the spouse who is seeking it does not have enough assets to provide for reasonable needs, especially if they require training or education in order to successfully reenter the workforce. Maintenance will also be awarded if the spouse cannot work or if he or she cares for a child with needs that make it inappropriate for him or her to work outside the home. The judge will not consider marital misconduct when deciding on maintenance, but will consider the following:
- The financial resources of the spouse who is seeking maintenance
- How long it will take the spouse to get the training necessary to become self-supporting
- The standard of living during the marriage
- How long the marriage lasted
- How long a spouse has been out of work and the resulting diminished earning capacity
- Any loss of earnings forgone by the spouse who is seeking maintenance
- The age and condition of the spouse who is seeking maintenance
- The ability of the spouse from whom maintenance is sought to meet their own needs while paying maintenance
- Each spouse’s contribution to the marital property
- The contribution of a spouse who has provided childcare or helped advance the other spouse’s employment
How long will my Minnesota divorce take and how much will it cost?
Minnesota has no waiting period for divorce, as long as at least one spouse has lived in the state for 180 days or longer. If any of the issues are contested, the process could easily take a year or even longer. The cost of your divorce will also heavily depend upon whether or not you and your spouse can agree on any or all of the issues. The total cost for a divorce in Hennepin County, Minnesota can range anywhere from $5,000 to $35,000, including your divorce attorney’s fees.