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Condition for Residency
To file the divorce in Minnesota, at least one of the spouses must have been a resident for at least 180 days. The divorce can be filed in the county where either of the partners lives.
Reasons for the Divorces
The reasons for divorce in Minnesota include general and no-fault reasons. Proper grounds for the divorce must be given. No-fault reasons for the divorce include an irreparable breakdown of the marriage for reasons including living separately for 6 months or serious conflict between the couple. General reasons include only one reason, which is the irrevocable disrepair of the marriage with no chance of repair.
Principle of the Child Custody
Usually joint or sole custody is awarded in the case of children. In cases where both parents want custody and the child is too young to explain his preference, a "primary caretaker" can be awarded the custody. The decision of whether to give sole custody depends on the following factors:
Preference of child and parent's wishes.
Cultural background of the child.
Motivation of each parent towards welfare and bringing up of the child.
Preference of child of a thinking age.
Child's attachment to school, community and home as well as relationship with parents, siblings and other relations.
Emotional and physical health of child and caretakers.
Safety and stability of each parent's house.
Effect of any domestic abuse on the child.
Any other factors.
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Rules for Property Distribution
As Minnesota is a state of equitable distribution, both spouses get to retain any property acquired before marriage as well as any gifts and inheritances. All other property, as well as retirement plans and pension are divided among the spouses keeping in mind the following factors:
Each spouses financial contribution and that as a homemaker towards purchase of property.
How long the marriage could work.
Ages and health conditions of spouses.
Financial situation of each spouse in general as well as at time of division of property.
Profession, income and sources of income of each spouse.
Any previous marriage of the spouses, and their liabilities and needs as individuals.
Any other necessary factor.
Rules for the Spousal Support
Not concerning the grounds for divorce, either spouse may be ordered to pay sustainable alimony to the other. The basis for deciding who gets alimony depends of factors like:
Child Support Guidelines
While deciding child support, the following factors are to be considered:
Child's as well as parent's financial conditions, assets and resources.
Standard of living child is used to and would have enjoyed if not for the divorce.
Child's physical, emotional and educational needs.
Amount of public aid and alimony received by the parent.
Mediation in Case of Divorce
Meditation is referred to in cases where children are concerned, apart from those situations where the child has suffered any form of physical abuse.
Filing Pro Se Divorce
There is no need of a lawyer when applying for divorce in the state of Florida. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Florida, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.