Southern Minnesota Military Divorce Attorney

An Overview of Divorce in Minnesota

How Military Divorces are Similar to Civilian Divorce

As a starting point, it is important to emphasize that military divorces share many important commonalities with civilian divorces. In fact, the same general rules and processes that apply to a civilian divorce in Minnesota also apply to a military one. Here are some of the most notable ways in which a military divorce is similar to a civilian divorce:

• No-Fault Divorce: Minnesota is a no-fault divorce state. Fault is no longer a relevant legal issue in a divorce filing in our state. All divorces in Minnesota—including military divorces—are finalized on the no-fault grounds that the couple’s marriage is “irretrievably broken.” The divorce process itself will be focused on other matters besides fault. Neither spouse in a divorce in Minnesota is required to prove wrongdoing by the other.

• Equitable Property Distribution: In Minnesota, a divorcing couple’s marital property and marital debts will be split up in a manner that is determined to be “just and equitable” by the court. An equitable distribution can be thought of as a “fair” distribution. It is not always a 50-50 split of the assets. Military divorces in Minnesota are subject to equitable property division. If you have any questions about splitting property in a divorce, our lawyers are here to help.

• Best Interests of the Child: If you or your spouse is a military member or military veteran and you have minor children, then custody/visitation will be an issue in your divorce case. In Minnesota, child custody and child visitation disputes are resolved under the state’s best interests of the child policy. What is best for the child will determine the custody and visitation rights of the parents. Notably, military divorces are subject to this standard. If you have specific questions about custody or visitation, contact our divorce attorney for immediate assistance.

How Military Divorces are Different to a Civilian Divorce

While military divorces share some very important commonalities with civilian divorces, there are also some important differences as well. If you or your spouse is an active duty military service member or a military veteran, it is crucial that you understand how the unique laws that apply to military divorce could affect your rights. Here are some of the key ways in which military divorces are different in Minnesota:

• The Residency Requirement is Not as Strict: To get a divorce in Minnesota, at least one member of a couple has to have resided within the state for a minimum of six months (180 days). However, there is an exception for active military families. If you or your partner is stationed at a military base in Minnesota, you may file for divorce right away even if you technically do not meet Minnesota’s general residency requirements.

• Federal Law May Delay a Divorce Against an Active Duty Service Member: Under the Servicemembers Civil Relief Act of 2003 (SCRA), military personnel who are on active duty deployment are entitled to additional protections in regards to certain civil legal matters—including divorce filings and other family law filings. The SCRA may lead to a divorce petition against a deployed military member being delayed until they return.

• Military Members are Subject to Unique Property Division Rules: As noted previously, Minnesota is an equitable distribution state for divorce. However, there are some specialized rules and regulations in place that affect the division of military benefits. A federal statute known as the Uniformed Services Former Spouses’ Protection Act (USFSPA) could have implications for the division of a military pension in a divorce. Our Southern Minnesota family law team can review a Leave and Earnings Statement (LES), military pension, and all other financial documents and records for the purposes of property division.

We Provide Comprehensive, Future-Focused Legal Representation

With an emphasis on helping our clients find low-conflict, cost-effective solutions, our family law attorneys provide comprehensive legal representation in any type of divorce case. We are prepared to help you navigate all matters related to your marital separation. A non-exhaustive list of family law issues that our attorneys can help with includes:

• Filing for divorce; 
• Responding to divorce papers; 
• Property division; 
• Military Retirement Benefits division;
• Debt division; 
• Military pensions; 
• Spousal support (alimony);
• Child custody; 
• Child visitation; and
• Child support. 

Why Choose Kohlmeyer Hagen for your Divorce in Southern Minnesota

Divorce is complicated—especially for military members and military spouses. At Kohlmeyer Hagen, we have a deep understanding of the unique challenges that come with this special situation. Our founding partner Jason Kohlmeyer has handled many divorce cases and is himself a former military member. We are prepared to take a proactive and pragmatic approach. Among other things, our lawyers will:

• Conduct a comprehensive review and evaluation of your military divorce case; 
• Gather all of the documents, records, and information needed;  
• Take care of all of the divorce paperwork; 
• Advocate for you in any divorce & family law settlement negotiations; and
• Develop a personalized strategy to secure the best outcome for your case. 

Call Our Military Divorce Attorneys Today

At Kohlmeyer Hagen, Law Office Chtd., our divorce lawyer is an experienced, effective advocate for all types of family law matters. If you have any questions about divorce, we can help. Contact us today to set up a strictly confidential initial consultation. With a law office in Mankato and Rochester, we provide family law representation throughout Southern Minnesota, including in Faribault, St. Peter, Nicollet, Waseca, Owatonna, and Stewartville.