Divorce laws don't vary a great deal from state to state but each state does put its own stamp on the procedures involved and options available. Minnesota tends to be progressive. The state offers ways to divorce that attempt to bypass contention and litigation.
Residency Requirements
Because some residents leave for months at a time to escape its harsh winters, Minnesota has added specific language to its divorce residency requirements to allow for this. To file for divorce, one spouse must either have resided in the state for six months, must have been stationed there as a member of the military for six months, or must have been "domiciled" in Minnesota for six months. The domiciliary provision allows someone to file for divorce if they own a home in Minnesota but spent a portion of the last six months in another state.
Grounds
A divorce in Minnesota can only be granted on the ground that the marriage has irretrievably broken down. Spouses must either have been separated for six months or attest that one or both of them have been negatively affected by the breakdown of the marriage. Minnesota no longer offers fault grounds.
Types
In addition to the usual contested divorce, Minnesota also allows for simplified divorces under certain circumstances. Spouses must have been married for less than eight years, must have no children and none on the way, and must not own any real estate to qualify. There are also monetary caps for debts and assets. If requirements are met, the divorce is streamlined and parties can move right to a final hearing. There is also a move toward collaborative divorce in Minnesota. This sidesteps the court system through the hiring of custody and financial experts to give advice and attorneys trained in this concept to negotiate a settlement.
Property Provisions
Minnesota divides marital property by equitable distribution. First, a court will decide what is marital property, culling out anything that can be considered separate such as inheritances, or assets or debts acquired before the marriage. Then, a judge will apportion the marital property in a way he considers fair. This does not necessarily mean a 50/50 split.
Support Provisions
Spousal support is entirely up to the discretion of a judge in Minnesota. There are no automatic provisions for it under Minnesota law. Child support orders are set using the percentage income formula. This is the simplest of calculations used by states. It earmarks a percentage of the non-custodial parent's net income for child support. The percentage increases according to the number of children in the family. The formula doesn't take extraordinary health care expenses or secondary educational needs of the child into consideration. Childcare costs may be added on.
Custody Provisions
All 50 states use criteria known as the Best Interests of the Child when determining custody. In Minnesota, these include the child's wishes if the court feels that the child is mature enough. Judges shy away from moving a child out of the long-term family home if either spouse is going to continue residing there. Judges will also take into consideration which parent has historically been the child's caregiver.
