Different people have completely different motives for filing for divorce. For some people, it will be infidelity that causes them to question their marital commitment. For others, the issue will be irresponsible spending or criminal activity. Still others will eventually realize that drug or alcohol problems have made their marriage unsustainable.
If you intend to file for divorce because of something your spouse did, you may be quite nervous and unsure of what the process involves. Do you have to prove your spouse’s misconduct in order to file for divorce?
Minnesota law allows for a no-fault divorce
Although many devices are the direct result of one spouse’s misconduct or a violation of their vows, the records of their divorce don’t necessarily reflect that fact. No-fault divorces have become the standard expectation in Minnesota.
The spouse initiating the divorce process claims that there has been an irretrievable breakdown of the marital relationship. They do not need to prove infidelity, financial misconduct or abuse to proceed with the divorce.
The benefits of this approach include that it is often faster and also that the other spouse can’t defend against the divorce filing. Even if one spouse claims the marriage is salvageable, the other can typically proceed with the divorce if they claim there is no reasonable expectation of reconciliation.
With rare exceptions, such as situations involving members of particular religious communities or couples with strict marital agreements in place, proving misconduct in family court may have very little impact on the outcome of your divorce anyway. Learning the basics of filing for divorce in Minnesota will help those considering divorce reach a rational decision about their future.