Common Questions About Applicable Laws Addressed By A Divorce Attorney In Walker, MN

by | Oct 24, 2016 | Attorneys

In Minnesota, divorce petitioners must evaluate all requirements for their case. In this state, they may face some restrictions that apply to their case. An attorney helps them identify additional circumstances that apply to their case. The following are common questions about applicable laws addressed by a divorce attorney in Walker MN.

Are Fault-Based Grounds Required?

No, the state is classified as a no-fault state. This classification prohibits any fault-based allegations used in a divorce case. However, the benefit of the classification is that anyone can get a divorce. They don’t need the permission of a spouse to file. All they need is an agreement that acquires an uncontested divorce.

How are Alimony Requirements Assessed?

First, the court reviews the requester’s income and projected earning capacity. Next, they review the standard of living achieved during the marriage. Finally, they identify the full duration of the marriage.

Spouses who have never worked require a formal education to increase their earning capacity. The court identifies the duration of time needed to complete a degree program. Alimony is awarded to cover the expense of the educational program and provides financial support. The alimony assignment is temporary. After the spouse finishes school and starts working, the court reviews their projected earning capacity again. They must achieve the same standard of living they had during the marriage or alimony assignments are extended.

Additionally, the court must review the spouse’s health. If they have an existing disability or adverse condition, the court awards permanent alimony assignments. Their spouse continues to pay alimony until they die.

Are There Restrictions Applied to Name Changes?

Yes, the petitioner must request a name change or restoration of their maiden name in the agreement. Without the request, they cannot change their name. They may choose their maiden name or that of a previous spouse if they prefer.

In Minnesota, divorce petitioner cannot file based on any fault-based ground. They must meet certain conditions to receive alimony. They need to follow specific guidelines that apply to name restoration. Petitioners who need assistance from a Divorce Attorney in Walker MN, click here for more information today.