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Can You Get a Divorce in Minnesota Even if Your Spouse Didn’t Cheat?

If you are unhappy in your marriage, you may be wondering whether you are entitled to a divorce even if your spouse hasn’t cheated on you. These concerns are based on old laws that no longer apply in Minnesota. You are free to divorce your spouse, whether they agree or not, as long as you allege and show that there has been an irretrievable breakdown of the marriage. This is called no-fault divorce.

Until 1974, Minnesota law required someone seeking a divorce to show that their spouse had done something wrong. These divorces could be based on a variety of grounds, such as:

  • adultery
  • imprisonment
  • desertion
  • habitual drunkenness

These fault-based cases no longer exist in Minnesota. While some states now allow someone seeking a divorce to choose fault or no-fault procedures, those seeking to end a marriage in Minnesota can only choose the no-fault process. This means that a court generally will not listen to allegations of infidelity or impropriety during your divorce proceedings.

In fact, a judge will not even take infidelity into account when determining whether to award alimony. While the law does provide a court with factors to consider when deciding how much spousal support to award and for how long, none of those factors are related to the behavior of either spouse. This is because alimony is intended to help people who need financial support as they leave a marriage — it isn’t meant to be punishment for the person paying it.

If you are considering ending your marriage, consult an experienced Minnesota divorce lawyer at Appelhof, Pfeifer & Hart, P.A. today.

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Client testimonials
  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

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