Understanding Dissolution Of Marriage In Minnesota

Divorce procedures vary by state, and understanding the nuances is crucial. In Minnesota, unlike Wisconsin and California, divorce is referred to as “Dissolution of Marriage.” Unlike community property states, Minnesota adopts a no-fault stance. This means that marital misconduct, like having an affair, won’t influence the division of assets or the awarding of alimony.

Protection Of Premarital And Non-Marital Assets

Minnesota protects premarital and non-marital property in its Dissolution of Marriage laws. This is defined as property that you owned prior to the marriage, property that is gifted to a party by someone other than the other spouse, or inherited assets. The party making such a claim has the burden of proving that claim to the court with documented proof and tracing of the asset into the marriage. For example, if you owned a vehicle before marriage and can trace that vehicle being traded for another vehicle during the marriage, you may be able to retain the non-marital portion before the assets are divided equally. Another typical scenario is ownership of a home before marriage, but with a mortgage balance on the home that is paid down during the marriage. There is a formula to determine the percentage value of the premarital equity to the value of the home which can be carried through to the final determination of the marital vs. non-marital value of the home.

Need Expert Advice on Dissolution of Marriage in Minnesota?

Navigating the intricacies of “Dissolution of Marriage” and understanding the protection of premarital and non-marital assets can be challenging. It’s essential to have an expert by your side to ensure that you are well-represented and your interests are protected. If you have questions or need guidance tailored to your unique situation, don’t hesitate to contact Bosshard Parke. Our experienced team is here to help and guide you every step of the way.