Divorces rarely play out like we see on TV and in movies. Although infidelity, abandonment and related issues may seem relevant to the wronged party, chances are that your family court judge won’t take them into account when divvying up assets and ruling on custody and support.
Minnesota is a no-fault divorce state. Either party can file for a divorce as long as they claim they have suffered an “irretrievable breakdown of the marriage.” What does that mean for you and how do you prove it?
Irretrievable breakdown of a marriage
Irretrievable breakdown of a marriage is also referred to as “irreconcilable differences.” In short, it means that your marriage is broken beyond repair and there’s no chance you’ll get back together. Whether that’s because your spouse left one too many socks outside the hamper or they carried on an affair doesn’t matter, at least not as far as legal proceedings are concerned.
You can show there has been an irretrievable breakdown of the marriage by proving you and your spouse have lived separate and apart for at least 180 days (six months) or that there is serious marital discord, which affects either or both parties’ attitudes toward the marriage. Your testimony to that effect is all that is required—even if your soon-to-be ex doesn’t want to get divorced.
Are there any situations where fault matters in a divorce?
No-fault divorce means that the court doesn’t consider fault when dividing up marital assets or deciding on support obligations. However, there is a limited exception in Minnesota. If a spouse wasted marital assets, or created a situation where the other spouse cannot support themselves after divorce, the court may take that into account.
This may happen when a spouse gambles away marital assets, or inflicts long-term injuries and/or disabilities which prevent the other spouse from working.
When you’re ready to explore your divorce options, call the skilled divorce lawyers at Appelhof, Pfeifer & Hart, P.A. in St. Paul, MN today.
