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Courts and Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law Terms
Minnesota
Judicial System
Hennepin County Law Library -
includes resources and links
Minnesota
State Bar Association
Minnesota Divorce & Family
Law Center -
includes
divorce legal articles, links to Minnesota divorce statutes and divorce
bulletin boards.
LawHelpMN.org
State Statutory
Resources
Minnesota
Statutes, Session Laws and Rules
Divorce Law
518.06 Dissolution of marriage; legal separation;
grounds; uncontested legal separation.
Subdivision 1. Meaning and effect; grounds. A dissolution of marriage is the
termination of the marital relationship between a husband and wife. A decree
of dissolution completely terminates the marital status of both parties. A
legal separation is a court determination of the rights and responsibilities
of a husband and wife arising out of the marital relationship. A decree of
legal separation does not terminate the marital status of the parties. A
dissolution of a marriage shall be granted by a county or district court
when the court finds that there has been an irretrievable breakdown of the
marriage relationship.
A decree of legal separation shall be granted when the court finds that one
or both parties need a legal separation.
Defenses to divorce, dissolution and legal separation, including but not
limited to condonation, connivance, collusion, recrimination, insanity, and
lapse of time, are abolished.
Subd. 2. Repealed, 1978 c 772 s 63
Subd. 3. Uncontested legal separation. If one or both parties petition for a
decree of legal separation and neither party contests the granting of the
decree nor petitions for a decree of dissolution, the court shall grant a
decree of legal separation.
HIST: (8585) RL s 3574; 1909 c 443 s 1; 1927 c 304 s 1; 1933 c 262 s 1; 1933
c 324; Ex1934 c 78 s 1; 1935 c 295 s 1; 1941 c 406 s 1; 1951 c 637 s 1; 1969
c 764 s 1; 1971 c 177 s 1; 1974 c 107
s 4; 1978 c 772 s 22,23; 1979 c 259 s 4,5
518.07 Residence of parties.
No dissolution shall be granted unless (1) one of the parties has resided in
this state, or has been a member of the armed services stationed in this
state, for not less than 180 days immediately preceding the commencement of
the proceeding; or (2) one of the parties has been a domiciliary of this
state for not less than 180 days immediately preceding commencement of the
proceeding.
HIST: (8586) RL s 3575; 1974 c 107 s 5; 1978 c 772 s 24; 1979 c 259 s 6
518.09 Proceeding; how and where brought; venue.
A proceeding for dissolution or legal separation may be brought by
either or both spouses and shall be commenced by personal service of the
summons and petition venued in the county where either spouse resides. If
neither party resides in the state and jurisdiction is based on the domicile
of either spouse, the proceeding may be brought in the county where either
party is domiciled. If neither party resides or is domiciled in this state
and jurisdiction is premised upon one of the parties being a member of the
armed services stationed in this state for not less than 180 days
immediately preceding the commencement of the proceeding, the proceeding may
be brought in the county where the member is stationed. This venue shall be
subject to the power of the court to change the place of hearing by consent
of the parties, or when it appears to the court that an impartial hearing
cannot be had in the county where the proceedings are pending, or when the
convenience of the parties or the ends of justice would be promoted by the
change. No summons shall be required if a joint petition is filed.
HIST: (8588) RL s 3577; 1931 c 226 s 1; 1974 c 107 s 6; 1978 c 772 s 25;
1979 c 259 s 7; 1981 c 349 s 3
...For further information, please refer to the Minnesota Statutes - Chapter
518
Marriage and
Living Together Law
Minnesota Marriage
Requirements
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Child Support
518.551 Maintenance and support payments.
(abbreviated)
Subdivision 1. Scope; payment to public agency.
(a) This section applies to all proceedings involving a support order,
including, but not limited to, a support order establishing an order for
past support or reimbursement of public assistance.
(b) The court shall direct that all payments ordered for maintenance or
support be made to the public agency responsible for child support
enforcement so long as the obligee is receiving or has applied for public
assistance, or has applied for child support or maintenance collection
services. Public authorities responsible for child support enforcement may
act on behalf of other public authorities responsible for child support
enforcement. This includes the authority to represent the legal interests of
or execute documents on behalf of the other public authority in connection
with the establishment, enforcement, and
collection of child support, maintenance, or medical support, and collection
on judgments.
(c) Payments made to the public authority other than payments under section
518.6111 must be credited as of the date the payment is received by the
central collections unit.
(d) Amounts received by the public agency responsible for child support
enforcement greater than the amount granted to the obligee shall be remitted
to the obligee.
Subd. 2. Repealed, 1983 c 308 s 32
Subd. 3. Repealed, 1983 c 308 s 32
Subd. 4. Repealed, 1983 c 308 s 32
Subd. 5. Notice to public authority; guidelines.
(a) The petitioner shall notify the public authority of all proceedings for
dissolution, legal separation, determination of parentage or for the custody
of a child, if either party is receiving public assistance or applies for it
subsequent to the commencement of the proceeding. The notice must contain
the full names of the parties to the proceeding, their Social Security
account numbers, and their birth dates. After receipt of the notice, the
court shall set child support as provided in this subdivision. The court may
order either or both parents owing a duty of support to a child of the
marriage to pay an amount reasonable or necessary for the child's support,
without regard to marital misconduct. The court shall approve a child
support stipulation of the parties if each party is represented by
independent counsel, unless the stipulation does not meet the conditions of
paragraph (i). In other cases the court shall determine and order child
support in a specific dollar amount in accordance with the guidelines and
the other factors set forth in paragraph (c) and any departure therefrom.
The court may also order the obligor to pay child support in the form of a
percentage share of the obligor's net bonuses, commissions, or other forms
of compensation, in addition to, or if the obligor receives no base pay, in
lieu of, an order for a specific dollar amount.
(b) The court shall derive a specific dollar amount for child support by
multiplying the obligor's net income by the percentage indicated by the
following guidelines:
...For further information, please refer to the Minnesota Statutes - Chapter
518
Minnesota
Child Support Guidelines
Minnesota Department of Human Services - Child Support
Understanding Child Support
Getting Child Support
Child
Support Explained
Child Custody
and Visitation Law
518.17 Custody and support of children on
judgment.
Subdivision 1. The best interests of the child. (a)"The best interests of
the child" means all relevant factors to be considered and evaluated by the
court including:
(1) the wishes of the child's parent or parents as to custody;
(2) the reasonable preference of the child, if the court deems the child to
be of sufficient age to express preference;
(3) the child's primary caretaker;
(4) the intimacy of the relationship between each parent and the child;
(5) the interaction and interrelationship of the child with a parent or
parents, siblings, and any other person who may significantly affect the
child's best interests;
(6) the child's adjustment to home, school, and community;
(7) the length of time the child has lived in a stable, satisfactory
environment and the desirability of maintaining continuity;
(8) the permanence, as a family unit, of the existing or proposed custodial
home;
(9) the mental and physical health of all individuals involved; except that
a disability, as defined in section 363A.03, of a proposed custodian or the
child shall not be determinative of the custody of the child, unless the
proposed custodial arrangement is not in the best interest of the child;
(10) the capacity and disposition of the parties to give the child love,
affection, and guidance, and to continue educating and raising the child in
the child's culture and religion or creed, if any;
(11) the child's cultural background;
(12) the effect on the child of the actions of an abuser, if related to
domestic abuse, as defined in section 518B.01, that has occurred between the
parents or between a parent and another individual, whether or not the
individual alleged to have committed domestic abuse is or ever was a family
or household member of the parent; and
(13) except in cases in which a finding of domestic abuse as defined in
section 518B.01 has been made, the disposition of each parent to encourage
and permit frequent and continuing contact by the other parent with the
child. The court may not use one factor to the exclusion of all others. The
primary caretaker factor may not be used as a presumption in determining the
best interests of the child. The court must make detailed findings on each
of the factors and explain how the factors led to its conclusions and to the
determination of the best interests of the child.
(b) The court shall not consider conduct of a proposed custodian that does
not affect the custodian's relationship to the child.
Subd. 1a. Evidence of false allegations of child abuse.
The court shall consider evidence of a violation of section 609.507 in
determining the best interests of the child.
Subd. 2. Factors when joint custody is sought.
In addition to the factors listed in subdivision 1, where either joint legal
or joint physical custody is contemplated or sought, the court shall
consider the following relevant factors:
(a) the ability of parents to cooperate in the rearing of their children;
(b) methods for resolving disputes regarding any major decision concerning
the life of the child, and the parents' willingness to use those methods;
(c) whether it would be detrimental to the child if one parent were to have
sole authority over the child's upbringing; and
(d) whether domestic abuse, as defined in section 518B.01, has occurred
between the parents.
The court shall use a rebuttable presumption that upon request of either or
both parties, joint legal custody is in the best interests of the child.
However, the court shall use a rebuttable presumption that joint legal or
physical custody is not in the best interests of the child if domestic
abuse, as defined in section 518B.01, has occurred between the parents.
If the court awards joint legal or physical custody over the objection of a
party, the court shall make detailed findings
on each of the factors in this subdivision and explain how the factors led
to its determination that joint custody would be in the best interests of
the child.
Subd. 3. Custody order. (a) Upon adjudging the nullity of a marriage, or in
a dissolution or separation proceeding, or in a child custody proceeding,
the court shall make such further order as it deems just and proper
concerning:
(1) the legal custody of the minor children of the parties which shall be
sole or joint;
(2) their physical custody and residence; and
(3) their support. In determining custody, the court shall consider the best
interests of each child and shall not prefer one parent over the other
solely on the basis of the sex of the parent.
(b) The court shall grant the following rights to each of the parties,
unless specific findings are made under section 518.68, subdivision 1. Each
party has the right of access to, and to receive copies of, school, medical,
dental, religious training, and other important records and information
about the minor children. Each party has the right of access to information
regarding health or dental insurance available to the minor children. Each
party shall keep the other party informed as to the name and address of the
school of attendance
of the minor children. Each party has the right to be informed by school
officials about the children's welfare, educational progress and status, and
to attend school and parent-teacher conferences. The school is not required
to hold a separate conference for each party. In case of an accident or
serious illness of a minor child, each party shall notify the other party of
the accident or illness, and the name of the health care provider and the
place of treatment. Each party has the right to reasonable access and
telephone contact with the minor children. The court may waive any of the
rights under this section if it finds it is necessary to protect the welfare
of a party or child.
Subd. 4. Repealed, 1986 c 406 s 9
Subd. 5. Repealed, 1986 c 406 s 9
Subd. 6. Departure from guidelines based on joint custody. An award of joint
legal custody is not a reason for departure from the guidelines in section
518.551, subdivision 5.
HIST: (8596) RL s 3585; 1969 c 1030 s 1; 1971 c 173 s 1; 1974 c 107 s 14;
1974 c 330 s 2; 1978 c 772 s 39; 1979 c 259 s 17; 1981 c 349 s 5; 1983 c 308
s 15; 1984 c 547 s 16; 1984 c 655 art 1 s 73; 1986 c 406 s 1,2; 1986 c 444;
1987 c 106 s 1; 1988 c 662 s 1; 1988 c 668 s 12; 1989 c 248 s 2,3; 1990 c
574 s 13,14; 1991 c 271 s 4; 1992 c 557 s 8; 1993 c 322 s 7; 1994 c 630 art
12 s 4; 1997 c 203 art 9 s 16
...For further information, please refer to the Minnesota Statutes - Chapter
518
Parenting Time Pamphlet in .PDF
Paternity and Child Custody
State Fact Sheets for Grandparents and Other Relatives Raising Children
FAQ on Child
Custody and Visitation
Child Custody
Resources
Property
Division
518.58 Division of marital property.
Subdivision 1. General. Upon a dissolution of a marriage, an annulment, or
in a proceeding for disposition of property following a dissolution of
marriage by a court which lacked personal jurisdiction over the absent
spouse or lacked jurisdiction to dispose of the property and which has since
acquired jurisdiction, the court shall make a just and equitable division of
the marital property of the parties without regard to marital misconduct,
after making findings regarding the division of the property. The court
shall base its findings on all relevant factors including the length of the
marriage, any prior marriage of a party, the age, health, station,
occupation, amount and sources of income, vocational skills, employability,
estate, liabilities, needs, opportunity for future acquisition of capital
assets, and income of each party. The court shall also consider the
contribution of each in the acquisition, preservation, depreciation or
appreciation in the amount or value of the marital property, as well as the
contribution of a spouse as a homemaker. It shall be conclusively presumed
that each spouse made a substantial contribution to the acquisition of
income and property while they were living together as husband and wife. The
court may also award to either spouse the household goods and furniture of
the parties, whether or not acquired during the marriage. The court shall
value marital assets for purposes of division between the parties as of the
day of the initially scheduled prehearing settlement conference, unless a
different date is agreed upon by the parties, or unless the court makes
specific findings that another date of valuation is fair and equitable. If
there is a substantial change in value of an asset between the date of
valuation and the final distribution, the court may adjust the valuation of
that asset as necessary to effect an equitable distribution.
Subd. 1a. Transfer, encumbrance, concealment, or disposition of marital
assets. During the pendency of a
marriage dissolution, separation, or annulment proceeding, or in
contemplation of commencing a marriage dissolution, separation, or annulment
proceeding, each party owes a fiduciary duty to the other for any profit or
loss derived by the party, without the
consent of the other, from a transaction or from any use by the party of the
marital assets. If the court finds that a party to a marriage, without
consent of the other party, has in contemplation of commencing, or during
the pendency of, the current dissolution, separation, or annulment
proceeding, transferred, encumbered, concealed, or disposed of marital
assets except in the usual course of business or for the necessities of
life, the court shall compensate the other party by placing both parties in
the same position that they would have been in had the transfer,
encumbrance, concealment, or disposal not occurred. The burden of proof
under this subdivision is on the party claiming that the other party
transferred, encumbered, concealed, or disposed of marital assets in
contemplation of commencing or during the pendency of the current
dissolution, separation, or annulment proceeding, without consent of the
claiming party, and that the transfer, encumbrance, concealment, or disposal
was not in the usual course of business or for the necessities of life. In
compensating a party under this section, the court, in dividing the marital
property, may impute the entire value of an asset and a fair return on the
asset to the party who transferred, encumbered, concealed, or disposed of
it. Use of a power of attorney, or the absence of a restraining order
against the transfer, encumbrance, concealment, or disposal of marital
property is not available as a defense under this subdivision.
Subd. 2. Award of nonmarital property. If the court finds that either
spouse's resources or property, including the spouse's portion of the
marital property as defined in section 518.54, subdivision 5, are so
inadequate as to work an unfair hardship, considering all relevant
circumstances, the court may, in addition to the marital property, apportion
up to one-half of the property otherwise excluded under section 518.54,
subdivision 5, clauses (a) to (d), to prevent the unfair hardship. If the
court apportions property other than marital property, it shall make
findings in support of the apportionment. The findings shall be based on all
relevant factors including the length of the marriage, any prior marriage of
a party, the age, health, station, occupation, amount and sources of income,
vocational skills, employability, estate, liabilities, needs, and
opportunity for future acquisition of capital assets and income of each
party.
Subd. 3. Sale or distribution while proceeding pending. (a) If the court
finds that it is necessary to preserve the marital assets of the parties,
the court may order the sale of the homestead of the parties or the sale of
other marital assets, as the individual circumstances may require, during
the pendency of a proceeding for a dissolution of marriage or an annulment.
If the court orders a sale, it may further provide for the disposition of
the funds received from the sale during the pendency of the proceeding. If
liquid or readily liquidated marital property other than property
representing vested pension benefits or rights is available, the court, so
far as possible, shall divide the property representing vested pension
benefits or rights by the disposition of an equivalent amount of the liquid
or readily liquidated property.
(b) The court may order a partial distribution of marital assets during the
pendency of a proceeding for a dissolution of marriage or an annulment for
good cause shown or upon the request of both parties, provided that the
court shall fully protect the interests of the other party.
Subd. 4. Pension plans. (a) The division of marital property that represents
pension plan benefits or rights in the form of future pension plan payments:
(1) is payable only to the extent of the amount of the pension plan benefit
payable under the terms of the plan;
(2) is not payable for a period that exceeds the time that pension plan
benefits are payable to the pension plan benefit recipient;
(3) is not payable in a lump sum amount from pension plan assets
attributable in any fashion to a spouse with the status
of an active member, deferred retiree, or benefit recipient of a pension
plan;
(4) if the former spouse to whom the payments are to be made dies prior to
the end of the specified payment period with the right to any remaining
payments accruing to an estate or to more than one survivor, is payable only
to a trustee on behalf of the estate or the group of survivors for
subsequent apportionment by the trustee; and
(5) in the case of public pension plan benefits or rights, may not commence
until the public plan member submits a valid application for a public
pension plan benefit and the benefit becomes payable.
(b) The individual retirement account plans established under chapter 354B
may provide in its plan document, if published and made generally available,
for an alternative marital property division or distribution of individual
retirement account plan assets. If an alternative division or distribution
procedure is provided, it applies in place of paragraph (a), clause (5).
HIST: 1951 c 551 s 5; 1974 c 107 s 22; 1978 c 772 s 53; 1979 c 259 s 27;
1979 c 289 s 8; 1981 c 349 s 7; 1982 c 464 s 2; 1986 c 444; 1987 c 157 s 17;
1988 c 590 s 2; 1988 c 668 s 20; 1989 c 248 s 8; 1991 c 266 s 4,5; 1992 c
548 s 6; 1993 c 239 art 4 s 1
...For further information, please refer to the Minnesota Statutes - Chapter
518
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