Divorce in Minnesota

Divorce Law in Minnesota is different in many instances than the law in Wisconsin. Divorce is called “Dissolution of Marriage” in Minnesota. Minnesota is not a community property State like Wisconsin or California. It is a no-fault State, meaning that you do not get more money or property if one or the other of the parties to the marriage has done something, such as having an affair. Minnesota protects premarital and non-marital property which 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.