If you are considering filing for divorce in Minnesota, you may be wondering what you need to do to get started. The first thing you need is the proper grounds for divorce. In Minnesota, there is only one ground for divorce. Minnesota is a no-fault state, which means that neither party needs to be the cause of the breakdown of the marriage. Moreover, traditional fault grounds such as adultery or abuse are not necessary. Minnesota only requires that marriage be irretrievably broken.
Once you have determine that you have the proper grounds for divorce, you may file your complaint once you meet the residency requirement. To file you complaint you must have lived in Minnesota for at least 180 day before you file.
If your cases involves other issues such as child custody, child support, and maintenance, the court can make a determination of those issues in addition to granting you a divorce. In cases involving custody the court determines what is in the best interest of the child. In making that determination courts consider several important factors including, the parents’ wishes, the child’s preferences, the primary caretaker, and the relationship between the child, the parents, and other individuals involved with the child as well as other factors. In cases involving child support the court looks at the parents gross income in making a determination based on state guidelines. Furthermore if your case involves maintenance the court considers several factors including, how long the parties were married, their financial resources, the standard of living during the marriage, how long it will take a spouse to receive training or education to become employed, the age and health of the parties, and other factors provided in the statute.
Family Law in Brainerd, MN can be a very emotionally draining and complex process for the litigants. In many cases it involves multiple proceedings and could take several months to get a final determination from the court. Moreover, Family Law in Brainerd, MN can be very emotional for other individuals involved such as children and other family members. Therefore, hiring a skilled lawyer could be beneficial to your case. A family law attorney may be able to assist you in obtaining a favourable settlement agreement with your spouse.
Visit Brainerdlaw.com to hire experienced attorneys for handling family law cases in Brainerd, MN and the surrounding areas.