DIVORCE LAW MINNESOTA
The divorce as per the laws of the State of Minnesota means dissolution of marriage. Dissolution of marriage is the termination of the marital relationship between a husband and wife. A decree of dissolution completely terminates the marital status of both parties.
GROUNDS OF NULLITY AND DISSOLUTION OF MARRIAGE
For dissolution of a marriage in the state of Minnesota an irretrievable breakdown of the marriage relationship is the sufficient ground to get a divorce decree. However, there may be dissolution of marriage on the following circumstances:
- when the court finds that one or both parties need a legal separation
- a person whose husband or wife has been absent for four successive years, without being known to the person to be living during that time, marries to someone else during the lifetime of the absent husband or wife, the marriage shall be void only from the time that its nullity is duly adjudged.
Dissolution of marriage through annulment may be sought due to a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because
- of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity; or
- of the influence of alcohol, drugs, or other incapacitating substances; or
- the consent of either was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties;
- a party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity;
- a party is under the age for marriage i.e 18 years of age or if 16 years without the consent of his or her parents or guardian; and
In the aforementioned circumstances the dissolution for marriage may be sought for:
- by either party or by the legal representative of the party who lacked capacity to consent, no later than 90 days after the petitioner obtained knowledge such mental incapacity;
- by either party no later than one year after the petitioner obtained knowledge of such lacks of physical capacity to consummate the marriage by sexual intercourse;
- by the 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 satisfying the requirement to marry.
PRE-REQUISITES TO FILE A PETITON FOR DISSOLUTION OF MARRIAGE
In the case of a petition for dissolution, that either the petitioner or the respondent or both:
- has resided in this state for not less than 180 days immediately preceding the commencement of the proceeding, or
- has been a member of the armed services and has been stationed in this state for not less than 180 days immediately preceding the commencement of the proceeding, or
- has been a domiciled in Minnesota for not less than 180 days immediately preceding the commencement of the proceeding;
B. Marriage certificate
C. Social security number of Minor child/ children and both the spouses.
PROCEDURE of DIVORCE
A decreed for dissolution of a marriage may be filed at the county or district court.
- A proceeding for dissolution or legal separation may be brought by either or both spouses and shall be commenced by personal service of the summons and petition venued in the county where either spouse resides.
- Once the other party receives the summons shall answer to the petition within 30 days of receiving.
- The party may prepare and submit to the court a separate certificate of dissolution to be attached to the judgment and decree at the time of granting the dissolution of marriage. The certificate for dissolution shall include the following information:
- the full caption and file number of the case and the title "Certificate of Dissolution";
- the names and any prior or other names of the parties to the dissolution;
- the names of any living minor or dependent children as identified in the judgment and decree;
- that the marriage of the parties is dissolved;
- the date of the judgment and decree; and
- the social security number of the parties to the dissolution and the social security number of any living minor or dependent children identified in the judgment and decree.
- Upon approval by the court and filing of the certificate of dissolution with the court administrator, the court administrator shall provide to any party upon request certified copies of the certificate of dissolution.
- Maintenance is one of the vital aspects of a marriage. It is the duty of both the spouses to maintain each other and as well as the minor children.
- The court desires that the order for maintenance may be made in favor of person who lacks the capacity to maintain himself.
- The maintenance order may either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors such as:
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,
the standard of living established during the marriage,
the duration of the marriage
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
the contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property,
CUSTODY OF MINOR CHILD
A custody proceeding may include proceedings where determination of custody of the child or children is one of several issues, such as an action for dissolution, divorce, or separation, and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity.
The court may grant one of the following orders for custody keeping in view of the best interest of the child:
- a legal custody means the right to determine the child's upbringing, including education, health care, and religious training.
- a Joint legal custody giving equal rights and responsibilities to both the parents, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.
- a physical custody and residence or a joint physical custody and residence for the routine daily care and control and the residence of the child.
DIVISION OF MARITAL PROPERTY AFTER DIVORCE
After dissolution of a marriage by a court shall make a just and equitable division of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property. The court may take into consideration all relevant factors such as
- the length of the marriage,
- prior marriage, age,
- amount and sources of income etc.
- the contribution of each in the acquisition, preservation, depreciation or appreciation of the marital property
prior to division of the property.