In order for an individual to file for divorce, they must have lived in Minnesota for at least 6 months immediately before filing. If a couple has not lived in Minnesota for the six months needed, they could file for a legal separation until they are eligible. Legal separations do not have any type of time requirement to file.
Minnesota is not an at-fault state, which means that neither party has to prove that the other one committed wrongdoings against the other. A divorce attorney in Rochester MN should be consulted about filing for a divorce to find out about the legal consequences that could result. A divorce can take anywhere from six weeks to a year, depending on whether the parties can cooperate to resolve the issues so the final divorce decree can be granted.
Marital Assets
When a couple gets divorced in Minnesota, all marital assets and debts are included. It does not matter whose name is on the debt or the asset or who paid for it. A judge does not want to decide who gets the dining room table and who gets the chairs, and a couple should attempt to work out an amicable agreement.
If one of the parties has acquired numerous credit cards or loans with excessive debt, both parties will be held responsible for paying off the debt. This can be very frustrating for the party who has to pay frivolous expenses.
Non-Marital Assets
There are certain assets that will be excluded from the settlement of a divorcee. Premarital property that was acquired before the date of the marriage will not be included. If an individual received personal injury proceeds from an accident, they are considered personal property and will not be included as part of the divorce settlement.
Any inheritance or gifts that were given to one party and not the other will be excluded from the amount of marital assets. If an item or financial account is excluded by a valid prenuptial agreement, it will also be excluded.
A divorce attorney in Rochester, MN can help you navigate through a divorce and help you make sound legal decisions about your case. For more information, please contact Rolsch Law Offices.
