Complying with Mankato divorce requirements is necessary to end your marriage legally. Some of these divorce requirements are more complex than others, which is why it is vital to seek the guidance of a skilled divorce attorney at Kohlmeyer Hagen, Law Office Chtd.
As the biggest firm in Southern Minnesota, we provide families with the knowledge and advocacy they need to efficiently handle their divorce. Get in touch with us today to learn more about the important legal requirements for divorce.
Minnesota is a no-fault divorce state, which means you do not need to prove or establish any specific reasons for wanting to end your marriage. A court must grant a dissolution of a marriage upon the irretrievable breakdown of the marriage under Minnesota Statutes § 518.06. Either one or both spouses can pursue a divorce simply because they no longer wish to continue the marriage.
A spouse must comply with the residency requirements of Minnesota Statutes § 518.07 by residing in the state for at least 180 days prior to filing a divorce petition. If these requirements are met, a divorce attorney can file a petition in Mankato that complies with the requisites of Minnesota Statutes § 518.10 to begin the court process for ending the marriage.
Beyond the requirements of filing a divorce petition in Mankato, you may need to address other issues related to your finances, property, and children from the marriage. The state gives courts the authority to equitably divide marital property to each spouse under Minnesota Statutes § 518.58. Marital property refers to all assets acquired during the marriage, including:
When deciding how to divide marital property, courts will consider the contributions each spouse made to acquiring, preserving, and appreciating the asset. Courts will also consider the following factors that speak to a spouse’s financial well-being in determining an equitable division of assets:
These factors are also relevant in divorce cases, where the court must decide on the amount and duration of alimony awarded to one spouse. The length of the marriage is another critical factor that can influence the duration of alimony, which can be either transitional or indefinite. Minnesota courts typically favor rehabilitative or transitional alimony unless the receiving spouse is incapable of supporting themself.
The final issues that courts will require spouses in a divorce to address are the custody and financial support of their children. Courts will decide on the issue of custody based on what is in the best interest of the child by evaluating several factors under Minnesota Statutes § 518.17. Relevant factors will include a child’s needs, preferences, and the effect any changes resulting from the custody determination would have on their well-being. Courts will also consider any issues that may make one spouse unable to safely maintain physical or legal custody over their children, such as a history of domestic abuse or a parent’s health. Even if courts award joint custody to each parent, it may not result in a parent having an equal division of time with their children.
The process of ending your marriage is likely an emotional time filled with uncertainty about the future. Our experienced lawyers can help you navigate this process and meet all Mankato divorce requirements while also protecting your interests. Schedule a free consultation with one of our dedicated attorneys today.
