Kenneth M. Wasche – Minnesota Divorce Lawyer
Divorce is rarely only a legal event. It affects family, home, work, and finances. Attorney Kenneth M. Wasche helps clients in Blaine, Anoka County, Minneapolis, St. Paul, and the greater Twin Cities work through divorce with clear information, realistic options, and steady support.
Minnesota no-fault divorce
Minnesota is a no-fault divorce state. You do not need to prove wrongdoing such as adultery to end your marriage. Instead, a judge must find that the marriage has suffered an irretrievable breakdown and that there is no reasonable chance of reconciliation. In many cases, the testimony of one spouse is enough for the court to make that finding. For more on how fault can still come up in a no-fault system, see our article Adultery and Divorce in Minnesota.
Residency requirements and where to file
To file for divorce in Minnesota, at least one spouse must meet certain residency requirements, which usually means living in the state for a set period before filing. Most people file in the county where they live, such as Anoka County for residents of Blaine, Coon Rapids, Andover, Ham Lake, Lino Lakes, and nearby communities. During your consultation, we confirm where your case should be filed and what rules apply.
Property division in a Minnesota divorce
Minnesota uses an equitable distribution standard for dividing marital property. Equitable means fair in light of the circumstances, not automatically a perfect 50/50 split. Marital property typically includes assets and debts gained during the marriage, such as your home, retirement accounts, vehicles, and credit cards. The court may consider the length of the marriage, income and earning capacity, health, age, contributions to the marriage, and each spouse’s future needs.
Property owned before the marriage or received as a gift or inheritance may be treated as separate property if it has been kept distinct. Real estate, business interests, and retirement accounts often require extra care. For additional background, review our articles Distribution of Assets and Division of Assets: Marital Home, or visit our Real Estate Law and Small Business Law pages.
Spousal maintenance (alimony)
Spousal maintenance, often called alimony, may be awarded when one spouse needs support and the other has the ability to pay. Minnesota courts consider factors such as the length of the marriage, the standard of living during the marriage, each spouse’s income and earning capacity, reasonable monthly expenses, and the time needed for a spouse to gain training or education. There is no rigid formula, and each case is fact specific.
Maintenance can be temporary or longer term. Existing orders can sometimes be modified if circumstances change in a significant way. For more detail, visit our Alimony and Spousal Support page.
Child support
Parents in Minnesota are expected to support their children financially, generally until a child finishes high school or turns 18, and in some cases up to age 20. Minnesota uses guideline calculations that consider both parents’ incomes, parenting time schedules, health insurance costs, and childcare expenses.
The court can adjust guideline support in certain situations based on the child’s needs and the family’s circumstances. Support orders may be modified later if there is a substantial change in income, parenting time, or expenses. For an overview, see our Child Support article or visit the Minnesota Child Support Calculator provided by the Department of Human Services.
Child custody and parenting time
Minnesota courts base child custody and parenting time decisions on the best interests of the child. Judges look at factors such as the child’s relationship with each parent, the child’s school and community ties, health and safety, each parent’s caregiving history, and the ability of each parent to support the child’s relationship with the other parent when it is safe to do so.
There are two main parts to custody. Legal custody addresses major decisions about education, health care, and religion. Physical custody and parenting time address where the child lives and the schedule of overnights and time with each parent. Once an order is in place, changes usually require an agreement between parents or a significant change in circumstances. For more information, visit our Child Custody and Parenting Time page and our articles Best Interest of the Child and Parenting Time Blunders.
Annulment in Minnesota
Annulment is different from divorce. Instead of ending a valid marriage, an annulment treats the marriage as void in limited circumstances. Minnesota law allows annulments only in specific situations, such as where a party was under the legal age to marry without proper consent, did not understand what they were agreeing to because of mental condition, was pressured or forced into the marriage, or where fraud or failure to consummate is proven under the statute.
These rules are detailed and time sensitive. If you believe your situation may qualify for an annulment instead of a divorce, it is important to talk with an attorney about your specific facts before you assume which option applies.
Talking with a Minnesota divorce lawyer
No website can replace a conversation about your family, property, or goals. If you are thinking about divorce, responding to papers you received, or planning ahead before you file, early advice can help you avoid costly mistakes and give you a clearer plan.
Attorney Kenneth M. Wasche meets with clients in Blaine and works with families throughout Anoka County and the Twin Cities. To schedule a consultation, call 763-280-5100, email info@kmwasche.com, or use our contact form.
Helpful resources
Minnesota Divorce FAQs
Divorce is a hard step. These answers cover common Minnesota questions. If you do not see what you need, call 763-280-5100 or use our contact form and we will help.