Divorce Law: A Few Simple Facts

Divorce is difficult for all members of a family, including the spouses, children and parents of divorcing couples.  These few simple facts are being provided to give you more information about the legal aspects of divorce.  This should help you understand the procedures and reduce the anxiety of the process.

In Minnesota, divorce (the legal termination of a marriage relationship) is now called "Dissolution of Marriage."  The terms "Divorce" and "Dissolution," as well as "Alimony" and "Spousal Maintenance," are interchangeable.

A divorce is granted if the Court finds that there has been an "irretrievable breakdown" of the marriage relationship.  This is usually based upon the representation of one spouse that there are irreconcilable differences.  There is no longer any requirement that one spouse show "grounds" to obtain a dissolution of the marriage relationship, such as mental or physical cruelty, adultery or abandonment.  For this reason, Minnesota is called a "No-Fault" state.  Moreover, the Court will not consider these issues in the proceeding.  If one spouse is determined to obtain a divorce, there is little the other spouse can do to prevent it.  Also, under Minnesota Law, the Courts no longer consider "fault" in determining monetary issues, such as dividing property or determining the proper amount of spousal maintenance or child support.  Fault may only be considered by the Court if a parent's misconduct affects the depreciation of an asset, child custody and parental access.

At the initial consultation, you and the attorney will complete a Preliminary Questionnaire, and you will be asked to obtain certain documents, such as paystubs, tax returns, and the legal description of any real estate owned by the parties.  We will then use this information to prepare the initial documents and begin the legal process in the Court system.

To learn more about the divorce process and how it will relate to your specific situation, please feel free to contact our office at 763.572.9297 and schedule an initial consultation with Barbara J. Gislason. The first half hour fee is $45.00 and after that, Ms. Gislason's hourly rate applies. To prepare for the initial meeting, gather pertinent documents and prepare a list of key questions that are most important to you.

7400 University Avenue NE
Fridley, MN 55432
Tel: 763.572.9297
Fax: 763.571.1576