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Many would think that Divorce and Family Law are the same in every state; but Minnesota is considered one of the states that have changed their Divorce and Family Laws to reflect what is becoming the norm in Divorce and Family Law across America. First, it should be noted that every state is free to establish what its citizen's rights are when it comes to marriage and divorce and how they relate to children as long as they do not violate the rights provided to all citizens in the Constitution of the United States.
It is easy to assume that all states are equal when it comes to Marriage, Divorce and Family Law and the treatment of child rights in this mix. However, It seems more states are bringing their laws into line with Minnesota's, which uses the "no fault" rule for divorce and is rapidly becoming the norm for Divorce and Family Law across the nation.
Minnesota Divorce and Family Lawis based on the "no fault" rule that states Family Law courts are not necessarily concerned with who is responsible for causing the divorce. The court's concern revolves around the children, if any, as a result of the marriage and that the divorce has been requested and the resolution of the conditions of the divorce. These include ensuring the division and distribution of assets, debts spouse support child custody and child support are established in the request. The only time the court will consider fault is when there is abuse or drug addiction that has had an influence or has endangered the children. This then might be ground for the court to establish custody with the parent not involved in the endangering behavior and restrictive visitation of the children by the non-custodial parent.
Minnesota Divorce and Family Lawalso establishes Minnesota as a community property state; some other states are separate property states. This given, any property that is acquired during the marriage by earning it or purchasing it has to be divided equally at the resolution of the divorce. The only property that can be kept by either person 100 percent is that which was given to them, inherited by them or that they brought into the marriage. Everything else is shared equally between them no matter who holds the title.
There are also certain provisions for child custody inMinnesota Divorce and Family Law. Any decisions made concerning the children involved in the divorce and the marriage must be made in the best interest of the child and not the parent. The best interest of the children is the main force in determining which parent will be awarded legal and physical custody of the children, the visitation schedules of the non-custodial parent, any child support to be paid by the non-custodial parent and any other special issues that may arise from the case.
While the above is information of a general nature concerningMinnesota Divorce and Family Law, many other laws, rules and guidance related to Divorce and Family Law that need the attention of a Family Law Attorney. Many of these additional concerns are from both the state and local law and rules. Naturally, each case is judged on its own merits, but no one considering a Divorce or child custody action should hesitate to confer with a Family Law Attorney. An attorney versed onMinnesota Divorce and Family Lawwill be able to inform you of the law provisions and your rights and options in the particular action. Your Attorney is trained in these procedures and knows how to handle your case to provide the best outcome of your case.
Brown Family Law is a Minnesota Divorce and Family Law Firm of lawyers and attorneys focusing on Divorce and Family Law cases. Call or contact us or visit our Minnesota Divorce and Family Law Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.
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