Divorce laws have changed significantly over time. Whereas spouses once needed a legally acceptable reason for divorce, things have changed. Today, Minnesota spouses can divorce by showing the marriage is broken beyond repair.
Grounds for divorce in a no-fault state
Before no-fault divorce became available, spouses could only divorce if they showed the other had acted in bad faith. This includes adultery, abandonment and similar issues.
Today, Minnesota is a no-fault divorce state. Either spouse can file for divorce, and neither spouse can prevent the divorce from happening (except by agreement). While that doesn’t mean you can get divorced on demand, the process is significantly easier.
Spouses must demonstrate that their marriage is broken beyond repair, and there’s no chance of getting back together. This includes:
- Living separate and apart for at least 180 days (six months), or
- There is marital discord affecting either or both spouse’s attitudes toward the marriage, and
- There is no reasonable chance you’ll get back together.
As you can see, that’s a relatively easy bar to clear. In some cases, the facts might matter: one spouse committed adultery or the marriage is abusive. However, living separate and apart for six months also conveys the “we cannot reconcile” message.
Typically, your testimony alone should be enough to convince a judge that the marriage will no longer work.
Property division
In at-fault divorces, the wronged spouse could ask for a more favorable division of assets. Unfortunately, the no-fault divorce process doesn’t consider wrongdoing when dividing property—with one significant exception. If one spouse squandered marital property or otherwise created a situation where the other spouse could not support themselves after divorce, a judge may take that into consideration.
Working with trustworthy divorce attorneys in Minnesota can help the process go smoothly and favorably. Reach out to Appelhof, Pfeifer & Hart, P.A. today.
