What Are the Legal Grounds for Divorce in MN?


Understanding the Legal Grounds for Divorce in Minnesota

Divorce is never an easy decision, but sometimes it is the best option for couples who are unable to reconcile their differences. If you are considering filing for divorce in Minnesota, it is important to understand the legal grounds for divorce. This will help you navigate the process and make informed decisions.

In this blog post, we will discuss the legal grounds for divorce in Minnesota and what you need to know.

1. No-Fault Divorce

In Minnesota, a no-fault divorce is the most common type of divorce. This means that neither party is required to prove fault or wrongdoing in order to obtain a divorce. Instead, one spouse must simply state that the marriage is irretrievably broken and there is no chance of reconciliation.

2. Fault Divorce

In some cases, a spouse may choose to file for a fault divorce. This means that they are alleging that the other spouse is at fault for the breakdown of the marriage. Some common grounds for fault divorce in Minnesota include:

  • Adultery: This refers to one spouse engaging in a sexual relationship with someone other than their spouse during the marriage.

  • Desertion/Abandonment: This occurs when one spouse leaves the marital home without justification or consent of the other spouse, with the intention of ending the marriage.

  • Cruelty/Physical or Emotional Abuse: This involves one spouse subjecting the other spouse to physical or emotional harm, abuse, or cruelty, making it intolerable to continue the marriage.

  • Substance Abuse/Addiction: When one spouse's substance abuse or addiction substantially affects the marriage and the other spouse seeks divorce as a result.

  • Incarceration: If a spouse is sentenced to a significant period of imprisonment, it may be considered a fault ground for divorce.

  • Impotence: In some jurisdictions, the inability of one spouse to engage in sexual intercourse or fulfill the marital duties due to impotence can be grounds for divorce.

3. Separation

If you and your spouse have been living apart for at least 180 days and there is no reasonable expectation of reconciliation, you may file for divorce based on separation. This is also known as a "non-cohabitation" divorce.

Living apart for a certain period of time may affect other aspects of the divorce, such as the division of property or the determination of spousal support. The duration of the separation can be a factor that the court considers when making decisions related to these issues.

4. Mental Illness

If your spouse has been confined to a mental institution for at least 180 days and it is unlikely that they will be discharged within the next 18 months, you may file for divorce based on mental illness.

5. Domestic Abuse

If you have been the victim of domestic abuse, you may file for divorce based on domestic abuse. This can include physical, emotional, or sexual abuse.

If you are considering filing for divorce in Minnesota, it is important to consult with an experienced divorce attorney. At Bolt Law Firm, we can help you understand your legal options and guide you through the divorce process.

Contact us today to schedule a consultation.