A General Overview Of Minnesota Divorce And Family Law

One must not assume that what the law provides for in one state with respect to divorce and child custody is the same in every other state

. On the contrary, divorce and family law is a state issue. This means that each state's legislature is free to determine what its citizen's rights are in marriage, divorce and with respect to their children. More and more states, however, are leaning towards what is currently the majority in this area. Minnesota divorce and family law tends to follow what is quickly becoming the norm in most states.

Minnesota divorce and family law follows the "no fault" rule for divorce. No fault basically means that the family law courts are not concerned with who may be at fault for causing the divorce. The court is only concerned with the fact that a divorce has been requested and the final resolution of the proceedings, meaning division and distribution of all assets and debts, spousal support, child custody, and child support, assuming there are children from the marriage. Although one spouse may be angry and want to have the court punish the other spouse for his/her behavior, the court will not do so. The only time the court becomes concerned with and will take action about either spouse's conduct is if there is some sort of impact on children. Therefore, if there was infidelity in the marriage or perhaps reckless spending or an addiction, the court will not get involved. However, if there are allegations of abuse of the children or a drug addiction that poses a safety risk to the children, then a judge will ensure that the children are put into the custody of the non-threatening parent and order special visitation with the other.

The other main thing to know about Minnesota divorce and family law is that Minnesota is a community property state, as opposed to a separate property state. What this means is that any property obtained during the marriage, either through earning it or by purchasing it, must be divided equally at the time of divorce. Only that property that is deemed one's separate property will be retained 100% by that spouse. Separate property is any property that is previously owned and brought into the marriage, or any property received by one spouse as a gift or by inheritance. All other property will be divided 50-50 regardless of who holds the title.

Minnesota divorce and family law also has provisions regarding custody of children from a marriage. When it comes to child custody, Minnesota law provides that any decisions that are made must be in the best interests of the child. This will be the driver with respect to every aspect of divorce proceedings that deal with children, including which parent will receive legal custody, which parent will receive physical custody, visitation schedules, and any other special issues which may arise in the particular case.

The above information is a general overview of Minnesota divorce and family law. There are many more specific rules, both state and local, that apply to the various aspects of divorce proceedings and child custody. Should you be in a situation where you need to file for divorce and/or child custody, it is always advisable to contact and family law attorney to educate you on the law, your rights and all the options available to you, as well as to handle your case.

by: Sunil Punjabi

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