Divorce can be an intricate and emotionally taxing process for any couple, and this holds true for LGBTQ couples as well. Unlike conventional divorce procedures, LGBTQ couples in Minnesota must take into account specific factors when going through a divorce. The purpose of this article is to provide you with an understanding of some crucial Minnesota Divorce Laws for LGBTQ Couples, ensuring that you are well-informed during this challenging period.
Recognition of Same-Sex Marriages in Minnesota
Minnesota stands as a beacon of marriage equality, as it recognized same-sex marriages as far back as 2013. This landmark legislation ensures that the rights and benefits enjoyed by traditional heterosexual couples are equally extended to same-sex couples, including those seeking a divorce. Consequently, same-sex couples in Minnesota have the same divorce procedures and rules as their heterosexual counterparts.
Determining the Residence of the Parties
In divorce cases involving an LGBTQ couple, Minnesota courts are bestowed with jurisdiction over the proceedings when one partner has resided in the state for a minimum of 180 days. As a requisite, the court may request proof of residence, which can be provided in the form of a Minnesota driver’s license or other pertinent documents. Moreover, if the couple has been living apart for a considerable period, the state’s courts will maintain jurisdiction over the property they previously resided in.
Dissolving a Civil Union
For LGBTQ couples who were formerly legally married and subsequently entered into a civil union in Minnesota, dissolving their marriage is treated as a divorce. This implies that registrations, licenses, or tax documents that previously recognized the individuals as married will be revised to reflect their divorced status. As for civil unions, their dissolution is a relatively straightforward process, devoid of any specific legal proceedings.
Divorce Grounds
Minnesota divorce laws necessitate the establishment of a legal basis or "grounds" that justifies the divorce. Such grounds can be categorized as either no-fault or fault-based reasons. No-fault reasons are commonly invoked in divorce cases, and in Minnesota, the sole no-fault reason for divorce is an irretrievable breakdown of the marriage.
On the other hand, fault grounds for divorce encompass various factors, such as adultery, cruelty, imprisonment, abuse, addiction, or mental illness. These fault grounds generally pertain to allegations made against one of the spouses or misconduct committed by either party.
Property Division
Minnesota mandates the equitable division of all marital property between both parties involved in the divorce. Marital property encompasses any assets acquired during the course of the marriage. When it comes to property division, Minnesota statute 518.58 does not discriminate between same-sex and opposite-sex marriages. Courts are bound to consider specific factors outlined in the statute when adjudicating divorce cases but cannot exhibit any form of discrimination based on sexual orientation.
Spousal Maintenance
In a divorce within the jurisdiction of Minnesota, there exists the possibility of spousal maintenance, colloquially known as alimony. Spousal maintenance is designed to provide financial security to one spouse following separation. The payment of spousal maintenance is at the discretion of the court, taking into account factors such as the duration of the marriage, each spouse’s assets and earning potential, and the contributions made by both parties during the marriage, including those made by a stay-at-home partner. Minnesota law upholds the principle that neither spouse should suffer significant financial harm.
Child Custody and Support
In divorce proceedings involving children, both parties must reach an agreement on child custody and support, which the court will subsequently consider. Minnesota state laws exhibit no distinction between opposite-sex and same-sex couples concerning child custody and support. The paramount concern of the court remains the best interests of the children affected by the divorce.
Conclusion
Through its progressive measures promoting equality, Minnesota has successfully put in place fair and inclusive divorce laws for LGBTQ couples. As a result, LGBTQ divorces in Minnesota are granted the same rights and safeguards as opposite-sex divorces. If you find yourself as an LGBTQ couple facing the prospect of divorce, it is highly advisable that you seek guidance from an experienced divorce attorney. This article serves as an overview of the essential aspects of Minnesota divorce laws for LGBTQ couples; however, the specific application of these laws to your circumstances requires consultation with a legal professional.