People often worry about what happens during divorce because they don’t know what to expect. Many people have heard horror stories about unfavorable divorce outcomes shared online or dramatized stories produced as entertainment.
Confusion about divorce rules is relatively common, in part because the law is different in every state. The jurisdiction where one spouse files for divorce determines what laws apply. The outcome of a divorce in Ohio can be very different from the outcome of a similar case in Minnesota.
State law influences what happens during family law litigation. What property division rules apply in scenarios where spouses divorce in Minnesota?
Minnesota has an equitable distribution statute
State property division rules fall into one of two categories. Some states have community property rules. Others have equitable distribution laws. Minnesota, like a majority of states, currently has an equitable distribution statute on record.
Should property division matters require the intervention of a family law judge, the judge should do their best to establish arrangements that are fair when looking at the marriage and the circumstances of the spouses. The health and earning potential of the spouses, the length of the marriage and even unpaid contributions to the family can influence how a judge divides property when people divorce.
Spouses don’t have to give up economic control
Many people find it anxiety-inducing to give a judge total control over their finances. Judges can reach determinations that seem fair to them but very unfair to the spouses preparing for divorce. Couples always have the option of pursuing uncontested divorces where they settle their own property division matters.
Uncontested divorce filings sometimes require weeks of negotiations or even mediation sessions. However, spouses who can settle their disputes can establish specific terms for the divorce based on their priorities and hopes for the future. Particularly in cases where people feel strongly about specific assets and other details, trying to resolve property division matters amicably can be a better option than litigating in family court.
Learning the basics about Minnesota divorces can empower people as they plan for the future. Dividing property is a necessary part of any divorce, but those who understand the process may find it less intimidating.
