1. Does Minnesota recognize common law marriage?
No, individuals who are not legally married are not entitled to spousal rights and obligations.
2. Grounds for Divorce:
Minnesota is a no-fault law state. You only need to show that there has been an irretrievable breakdown in the marital relationship. Forget the part in the movies where one spouse states "I will never grant you a divorce".
3. How is child custody determined?
The court determines child custody based on the best interests of the child. There are two different types of child custody: legal custody and physical custody. Legal custody involves the parents' input into the children's health, education and welfare, no matter where the children will reside. Physical custody refers to where the children will reside. It can be primarily with one parent or there can be joint physical custody with both parents. If primary physical custody is with one parent, that parent is usually known as the custodial parent, who is primarily responsible for the routine decisions affecting the children. The custodial parent does not have the right to solely make decisions regarding the children's health, education, and welfare unless the custodial parent also has sole legal custody of the children. In practice the custodial parent with joint legal custody must get input from the other parent, however the custodial parent can then make the decision and the Courts are not likely to interfere except in very major areas.
4. How is child support determined?
Child support is usually determined according to the Child Support Guidelines.
5. What is maintenance?
Spousal maintenance is financial support provided by one party to an ex-spouse. Either spouse may seek maintenance from the other. There are no "guidelines" as in child support, but the court considers the length of marriage, ages and health of parties, standard of living enjoyed during the marriage, the income and potential of both spouses and the reasonable needs of each spouse.
6. How is property divided?
Courts usually attempt to divide marital property on a fair or "equitable" basis although not always on an equal basis. Non-marital property is property that the parties have agreed is non-marital according to a valid antenuptial agreement, property that one party brought into the marriage (or proceeds thereof); gifts from a third party to one spouse and not to both; inheritance for one spouse and not to both: and certain portions of workers' compensation, personal injury settlements or verdicts that are intended to compensate for personal injuries to one spouse and not the other. Non-marital property is generally awarded to the spouse who is entitled to the non-marital status of the particular properties, but the court can award up to one-half to the other spouse if the court finds a "hardship" if the non-marital property is not divided.
7. Who pays the bills?
The court may order either spouse to pay all of the debts, or may order each of the spouses to pay part of them. The court will look at who made the debt, who benefited from it, whether the debt was made before the marriage, during the marriage, or after the parties separated, whether the debt is secured by property still in possession of one of the parties, who has custody of the children, and the income, assets, and needs of each person.
A court order directing one of the spouses to pay a debt does not give the other spouse legal protection from the person or business to whom the debt is owed (creditor). The creditor can still take legal action against either spouse.
