Sunday, March 9, 2008

MN Family Law: Can I divorce my spouse due to abandonment?

Unlike other states Minnesota has a "no-fault" divorce law. This means it is not necessary to prove your spouse is at fault by abandoning you and that was the cause of the breakup of the marriage. The only reason that the Courts in Minnesota will recognize in granting a divorce is that there has been "an irretrievable breakdown of the marriage relationship." This means that there is no hope that the spouses will want to live together again as husband and wife. Thus, a spouse who wants a divorce is almost certain to be granted one by the court even if the other spouse does not want a divorce.
Usually fault of either spouse in the breakup of the marriage will not be considered by the court in granting the dissolution, however it may considered in determining custody of the children.
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