While many may not realize it, but in terms of divorce, Minnesota is considered a “No-fault” divorce state. The term “no-fault” refers to the fact that the law does not require one spouse to prove fault—whether infidelity or some other kind of violation of the marriage contract—in order to grant divorce from a spouse. Not all states, however, have no-fault statutes on the books. Minnesota’s law makes finalizing a divorce easier in some regards because of the no-fault aspect of the law, but there are complications regardless. And if you find yourself in the midst of a divorce, or soon to be headed toward divorce, it is in your best interest to seek the assistance of AMS Mediation, who offers divorce mediation services, expert advice, empathic guidance, and depth of experience and knowledge of the state laws surrounding divorce.
Divorce Mediation In A “No Fault” Divorce State
Navigating your way through the sometimes treacherous world of divorce law as you come to grips with the intense emotions of loss, sadness and anger is difficult at best. AMS Mediation can provide you with reassurance, insight, resources and guidance that can help provide clarity during this complicated time. As was stated above, Minnesota’s no-fault divorce status makes finalizing your divorce possible, maybe even easier in some ways, but the laws surrounding divorce are still complex. For example, if you are seeking a divorce from your spouse because your spouse cheated on you, you will find that the law is outdated and even written to the advantage of men. In Minnesota, the law still states that adultery occurs when a woman has sexual intercourse with a man who is not her husband.
That law does not address a man’s choice to conduct a sexual relationship outside of his marriage, and it certainly does not address the newer realities of same-sex marriage, which is now legal in Minnesota. AMS Mediation can help you work through these complications and determine how best to move forward with your life. In addition to navigating the divorce law, our team can help you come up with a plan for child support, child custody and division of property, given your unique set of circumstances.
The term “no-fault divorce” may suggest simplicity in relation to the divorce process, and again, to some degree that is accurate. But mitigating factors can influence the outcome of divorce proceedings and sorting out issues like custody and property/debt division require skill, experience and insight. It is also important to understand that fault is not completely absent from divorce proceedings. In situations where things like alcoholism, gambling addiction, adultery, drug abuse, domestic abuse, and criminal behavior are factors, the court can take this into account when determining child custody arrangements.
The team at AMS Mediation can help you navigate and balance the specifics of Minnesota divorce law with your personal situation and unique needs. Call us at 952 252-1492 for more information about our divorce mediation services, or to schedule a time to for a free consultation.