Divorce in Minnesota
Dissolution of Marriage
“Dissolution of marriage” and “divorce” have the same meaning. The change in terms is a result of the adoption of the No-fault Divorce Act. As a part of the act, all grounds and defenses to a divorce in Minnesota were abolished. The only grounds that now exist for a divorce is an “irretrievable breakdown of the marriage relationship.” Only one of the parties needs to allege that the marriage is broken.
Legal Separation
Legal Separation is a court determination of the rights and responsibilities of the parties to a marriage relationship. Legally separated parties are still married and are not entitled to remarry. The process for obtaining a legal separation is identical to that of a divorce. Typically, parties seek legal separation when religious beliefs do not allow for divorce. Should one of the parties later decide to divorce, a new action must be commenced.
Annulment
See Voidable Marriages (Link)• Cohabitation Agreements - As a result of public policy in favor of marriage, Minnesota divorce courts have adopted anti-palimony claims. Palimony is a combination of pal and alimony. In Minnesota, courts are without authority to hear claims between men and women living together out of wedlock in contemplation of sexual relations, when no written contract exists. If it can be shown that the claim is not based solely in contemplation of sexual relations, a court grants relief based on equity.• Putative Spouse - means living with a member of the opposite sex believing that they are married. A putative spouse has the same rights as a legally married spouse in a Minnesota divorce proceeding.
Common Law Marriage
This type of marriage is not recognized between Minnesota residents in Minnesota. Common law marriage can be recognized in Minnesota divorce courts if the common law marriage was established in a state that recognizes such a status.
When dealing with divorce and related issues, it’s best to work with a competent Minnesota divorce lawyer.