Despite the popular belief that
America’s divorce rate began escalating in the late 1960’s and almost skyrocketed during the ‘70s and early ‘80s. In the meantime, almost every state adopted no-fault divorce laws. Since then, the divorce rate dropped by one-third, to 3.6 per thousand population i.e. at its lowest since 1970. Yet certain sections of intelligentsia seem to find a grave fault in the “no-fault” divorce laws. The extent of resistance varies from demands for slight changes in the system to the espousal of a complete repealing of the “no-fault” enactments. Challenges to no-fault divorce are multiplying in state legislatures nationwide. However, the fact is that “no-fault” divorces had a great civilizing effect on the divorce proceedings. Besides, an affluent and better educated population with access to marital education is less likely to go for a complete breakup. States like
In order to file a divorce suit in
No dissolution shall be granted unless (1) one of the parties has resided in the state, or has been a member of the armed services stationed in this state, for not less then 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 the commencement of the proceeding. A petition for dissolution of marriage can be filed in a county where either of the spouses 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 (Minnesota Statutes § 518.07 and Minnesota Statutes § 518.09).
A divorce process begins by the serving of a “Summons” and “Petition for Dissolution of Marriage” by a party to the other side, through appropriate means and methods recognized by the court. If the two parties are in agreement regarding the inevitability of a divorce, they can file a “joint petition”. In Minnesota, there is provision for a streamlined, summary dissolution of marriage for the couples who have been married for fewer than eight years with no minor children and without any considerable assets and debts. Such couples may obtain a divorce decree by filing a sworn joint declaration with the signatures of both the parties notarized (Minnesota Statutes § 518.195).
In the case of cohabitation, Minnesota extends some rights to a “putative spouse”. A person who has cohabitated with another to whom the person is not legally married in the good faith that the person was married to the other is a putative spouse until knowledge of the fact that the person is not legally married terminates the status and prevents acquisition of further rights. A putative spouse has the same rights and obligations as that of a married spouse, including the right to maintenance, whether or not the marriage is prohibited or declared a nullity (Minnesota Statutes § 518.055).
In a divorce proceeding where custody and parenting time is contested, it is mandatory for the parents to participate in an orientation and education program that meets the minimum standards set by the Minnesota Supreme Court. Upon request of a party and showing of a good cause, the court may excuse the party from attending the program. If past or present domestic abuse is alleged, the court shall not require the parties to attend the same parent education sessions (Minnesota Statutes § 518.157).
Upon the dissolution of a marriage, the court makes a just and equitable distribution of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property. While doing so, the court considers relevant factors such as the length of the marriage, age and health of each party, amount and sources of income, employability, etc (Minnesota Statutes § 518.58). The court may grant a maintenance order for either spouse if it is established that the spouse seeking maintenance lacks sufficient property and is unable to provide adequate self-support (Minnesota Statutes § 518.522).
The child custody is decided by taking into account “the best interests of the child” and evaluating various factors such as the wishes of the parents, the wishes of the child of a sufficient age, the intimacy of the parent-child relationship, child’s adjustment, etc (Minnesota Statutes § 518.17). The child support is apportioned on the basis of the child support guidelines set out in statutes. This is done after considering the needs of the child and the net monthly income of the obligor (Minnesota Statutes § 518.55).
