Minnesota Divorce Laws

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Divorce laws are important from the point of view of the spouses as the laws are guidelines for the whole process of divorce. Also, divorce laws ensure that justice is given to both parties considering their presentations of the case. Minnesota divorce laws provide a legal structure on which a divorce case can be formed. There are many provisions in the divorce laws of Minnesota. Here is a brief view on a few of them.

Minnesota Divorce Laws regarding Child Support

Child support is the amount paid by the parents to accomplish the financial need of the child. This amount is necessary to ensure that the child is not neglected after divorce. The Minnesota Child Support Guidelines have been outlined to determine child support. While arriving at the figure of child support, marital misconduct is not taken into account. The Court contemplates the following points in this process -

  • The debts of the parents
  • If the parents are going to claim the children as dependents for tax reasons and the economical effects of this decision
  • The educational requirements of the child
  • The emotional and physical states as well as the economical resources and requirements of the child
  • The standard of living the child is conversant with during the marital life of the parents
  • If the parent who offers child support is on public assistance

The Chapter 518.6111 and 518.17 of the statutes of this state are observed while making a decision of child support.

Minnesota Divorce Laws regarding Child Custody

The child custody is awarded to the parents jointly if they are on mutually good terms. However, in case of the violence or possibility of harmful behavior, the custody will be awarded to a single parent. The Court has the intention of providing the best interests of the child after due consideration of the below mentioned issues -

  • If there is any proof of abuse directed towards the child, amongst the parent and any other person or amongst the parents
  • The temperament and ability of the parents to offer guidance, affection and love to the child as well as continue the education and upbringing of the child in the creed, religion and culture of the child
  • The physical and mental health of all persons associated with the child
  • The adjustment of the child in the community, in school and at home
  • The duration for which the child has resided in the permanence of the custodial house and in a stable ambience
  • If the Court is of the opinion that the child is of enough age to form a preference, then the reasonable preference of the child is thought over
  • Who is the primary caretaker of the child
  • The relation between the child and the parents

Chapter 518.17 of the statutes of this state are associated with child custody.

Spousal support

Alimony is ordered for a permanent or temporary span of time. It is the amount paid by the partner who is comparatively economically stable than the other one. The amount of alimony depends on the discretionary decision of the court, unless it is not specified by the partners in a mutual agreement. If such agreement is submitted, the court will approve it after pondering over all aspects of the issue. The Court takes into account the following factors -

  • The input of one partner as a homemaker and thus facilitating the other partner to enhance in employment or business
  • The input of each partner to the attainment and care of marital property
  • The capacity of the partner who is ordered to offer alimony, to meet self needs and further pay spousal support
  • The physical capacity and age of the partner requesting for support
  • The period of marital life
  • In case of a homemaker, the number of months the homemaker is absent from work
  • If the partner requesting alimony is caring for a child due to which it is not feasible to seek employment and the state of the child justifies that the custodial parent should not search for jobs outside the house
  • The standard of living during the marital life
  • The number of months essential to obtain training and education so that self-dependency is reached
  • The economical sources of the partner requesting for support and this partner's capacity to fulfill self economical requirements

These are some of the vital provisions in the Minnesota divorce laws. The usage of the legal statues will differ from case to case. A simple case of a mutually agreed divorce may involve a minimal legal procedure, while a complicated case may require a deeper knowledge and proper application of the divorce laws. It is advised to take a legal advice in such matters.

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