We Play Hard. We Play Fair.
Deciding to end a marriage involves legal, financial, and personal questions that can affect many parts of your life. Understanding how divorce works in Minnesota can help you make informed decisions about property, finances, parenting, and the next stage for your family.
At Restovich, Braun & Associates, our divorce attorneys help individuals and families understand the legal process and the choices they may need to make along the way. Our Rochester law firm has served clients since 1992, and our lawyers provide practical guidance in divorce and other family law matters throughout southeastern Minnesota and elsewhere in Minnesota when appropriate.
Minnesota is a no-fault divorce state. This means that a spouse does not need to prove adultery, abandonment, or another type of marital misconduct in order to obtain a divorce.
Instead, the court must find that the marriage is irretrievably broken. In plain terms, this means there is no reasonable prospect that the marriage can be repaired.
Minnesota also has a residency requirement. In most cases, at least one spouse must have lived in or been domiciled in Minnesota for at least 180 days before the divorce proceeding begins.
Meeting those basic requirements allows the divorce process to move forward, but it does not resolve the practical issues that often matter most to the people involved. Those questions may include how property and debts will be divided, whether spousal maintenance is appropriate, and how custody and parenting time will be structured when children are involved.
No-fault divorce means that the court does not require one spouse to prove that the other caused the marriage to fail. A spouse can seek a divorce based on the irretrievable breakdown of the marriage even if the other spouse does not want the marriage to end.
That does not mean the circumstances of the marriage are irrelevant to every issue in the case. Financial decisions, parenting concerns, safety issues, and other facts may still matter when the court addresses specific disputes. What no-fault changes is the legal basis for ending the marriage itself.
For many clients, understanding this distinction can reduce confusion at the beginning of the process. The central question is not who is to blame for the end of the marriage, but how the legal and practical issues created by the divorce will be resolved.
Every divorce is different. Some spouses agree on most issues before the case is filed, while others need more time, negotiation, mediation, or court involvement to reach a resolution.
The issues that need to be addressed depend on the family’s circumstances, but several subjects commonly arise.
Minnesota courts divide marital property in a manner the law considers just and equitable. This does not necessarily mean that every asset and debt will be divided in exactly the same way.
Property issues may involve a home, retirement accounts, investments, vehicles, business interests, personal property, and debts accumulated during the marriage. Questions can also arise about whether particular property is marital or nonmarital.
Spouses often have the opportunity to negotiate property and debt issues before asking a judge to decide disputed matters. Reaching an agreement can give both parties more control over the result, but any proposed division should be evaluated carefully before it becomes final. Learn more about how our attorneys address property division in Minnesota divorce cases.
Spousal maintenance, sometimes called alimony or spousal support, may be an issue when one spouse seeks financial support from the other after separation or divorce.
Minnesota law considers statutory factors when determining whether maintenance is appropriate. The law also uses presumptions tied to the length of the marriage when determining whether maintenance should be transitional, indefinite, or not awarded.
Because maintenance depends on more than income alone, an attorney may need to evaluate factors such as the length of the marriage, each spouse’s financial circumstances, earning capacity, and the standard of living established during the marriage. Our lawyers can help clients understand how spousal maintenance may apply to their circumstances.
When parents divorce, decisions about custody and parenting time can have a significant effect on the entire family. Minnesota courts decide these issues based on the child’s best interests.
The court considers a range of factors involving the child’s needs, safety, relationships, caregiving history, stability, and each parent’s ability to meet those needs. The circumstances of each family matter, so there is no single custody arrangement that applies to every case.
Parents may be able to reach an agreement about custody and parenting time without asking the court to decide every issue. When disputes remain, however, the court may need to determine what arrangement serves the child’s best interests. Our child custody attorneys help parents understand both the legal standards and the practical considerations involved.
Good preparation can make it easier to understand the financial and practical issues involved in a divorce. Gathering information early also helps your lawyer evaluate the situation and identify questions that may require closer attention.
Useful documents may include:
Parents may also want to think about their children’s schedules, school arrangements, medical needs, activities, and the practical details involved in maintaining consistent routines between households.
Preparation does not mean you need to have every decision made before speaking with an attorney. The purpose is to develop a clearer picture of the family’s circumstances so that the legal issues can be evaluated with accurate information.
Many Minnesota divorces are resolved without a trial. Spouses may reach agreements directly, through their attorneys, in mediation, or through another form of negotiation.
An agreement can address property and debt division, spousal maintenance, custody, parenting time, and other issues. Once the necessary terms are resolved and approved through the legal process, the court can incorporate them into the final divorce judgment.
Reaching an agreement does not mean that both spouses must begin the process with the same priorities. Negotiation often involves identifying areas of disagreement, understanding the legal framework, and determining whether compromises can resolve the dispute.
When an agreement is not possible, our attorneys are prepared to litigate contested issues. The firm’s approach is to use the process that fits the circumstances rather than assuming that every divorce should either settle quickly or proceed directly to court.
Restovich, Braun & Associates is a family-run law firm with roots in Rochester dating to 1992. Our lawyers understand that divorce is not simply a legal proceeding. It can affect a client’s finances, home, children, work, and long-term plans.
Our attorneys begin by understanding what matters most to the client and identifying the issues that need attention. Depending on the case, that may include evaluating property, discussing parenting arrangements, addressing spousal maintenance, negotiating with the other party, participating in mediation, or preparing for contested court proceedings.
Because our law office includes attorneys with experience across several areas of litigation, our lawyers can also collaborate when a divorce involves related legal concerns. That broader perspective can be useful when a case involves complicated finances, business interests, real estate, or another issue that extends beyond the basic divorce process.
Our goal is to give clients clear information about their options so they can make decisions with a realistic understanding of both the legal process and the practical consequences.
If you are considering divorce, a family law attorney can help you understand Minnesota’s requirements and the issues that may need to be resolved in your case. Early guidance can also help you identify important financial, parenting, or procedural questions before major decisions are made.
Our lawyers represent clients in Rochester, throughout southeastern Minnesota, and elsewhere in Minnesota when appropriate. To discuss your situation with one of our divorce attorneys, contact Restovich, Braun & Associates online. We can review your circumstances, explain the process, and help you determine an appropriate path forward.
