- Minnesota Divorce Law - |
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Statutory Reference to Minnesota Statutes Annotated: Residence: §§ 518.07, 518.09 Divorce: §§ 518.06, 518.13 Property Distribution: §§ 518.54, 518.58 Alimony: § 518.552 Custody: § 518.17 Visitation: § 518.175 Child Support: § 518.551
Residence: One of the spouses must have been a resident for 180 days immediately before the petition for divorce is filed. The petition may be filed in a county where either spouse resides.
Grounds: Irrevocable breakdown of the marriage relationship [no fault], shown by living separate and apart for 180 days or serious marital discord adversely affecting the attitude of one or both spouses.
Distribution of Property: Equitable distribution of property of marital property, defined in section 518.54. In dividing marital property, the court shall consider (1) the contribution of each spouse to the acquisition of the property, including homemaker contributions; (2) the economic circumstances of the parties; (3) the length of the marriage; (4) the age, health of the parties; (5) the occupation of the spouses; (6) the amount and sources of income of the spouses; (7) the vocational skills of the spouses; (8) the employability of each spouse; (9) the liabilities and needs of the spouses, and the opportunity for further acquisition of capital assets; (10) any prior marriage of each spouse; (11) any other factor necessary to do equity and justice between the parties.
Alimony/Spousal Support: The court may order temporary or permanent maintenance, without regard to marital fault, after the consideration of eleven factors, including need, the ability to become employed, the standard of living during the marriage, the duration of the marriage, loss of earnings, age and condition of both parties.
Child Custody/Visitation: The court may award joint or sole custody. If both parents request joint custody, there is a presumption that such an arrangement is in the best interests of the child, unless there has been spousal abuse. Sole custody will be awarded based on the best interests of the child, based on fifteen factors contained in section 518.17.
Additional visitation may be ordered for wrongful denial or interference with visitation orders.
Child Support: Child support guidelines are found at section 518.551. The guidelines are based on the Varying Percentage of Income formula, calculated on net income. |
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