Minnesota Is a No Fault Divorce Explained
Divorce law differs from state to state. Some states recognize “fault” divorce, and some offer “no fault” divorce. In states at that permit at-fault divorces, one party must prove the grounds for divorce, such as adultery, cruelty, abandonment, etc.
Minnesota is a no fault divorce state, however, which means that you and your spouse can file for divorce based on a mutual desire to end the marriage.
Advantages of a Minnesota No Fault Divorce
In a no fault divorce situation, there is no period of separation required before you can be granted a divorce, so couples who are eager to end their union can do so without delay. No fault divorces also help to free up valuable space in the Minnesota court system since there are no long fault-based divorce hearings in which one spouse presents evidence in an attempt to prove the other spouse guilty.
In order to obtain a no fault divorce in Minnesota, you are only required to acknowledge a breakdown in your marriage and file the necessary paperwork.
No Fault Divorce Equals No Justice? Not Necessarily.
While no fault divorce has been adopted into the law of many states, including Minnesota, not everyone agrees that it is a good thing for divorcing couples or society as a whole. The greatest concern for most Minnesotans about no fault divorce is that it doesn’t seem to bring justice to spouses who had improper conduct in their marriages.
Most people feel more comfortable with systems in which there is clearly a “good guy” and a “bad guy”. Unfortunately, marital breakdown is rarely that simple. Minnesota’s no fault divorce reflects the understanding that divorce is a complicated issue.
Discussing marital problems and pointing fingers in a Minnesota court can give a divorcing couple some temporary satisfaction, but it is rarely helpful in the long run. It may even create a negative atmosphere, which can be damaging for everyone involved, particularly if children are involved.
ABOUT THE AUTHOR: Minnesota Divorce Attorney Chris Banas
Attorney Christopher M. Banas concentrates his practice in all areas of family law, including a growing focus on the collaborative law process. Chris Banas works with clients in the areas surrounding Eagan, including: St. Paul, Minneapolis, and other Twin Cities suburbs.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.