Talking about divorce might make you nervous. Your life right now is predictable, even if it isn’t as happy as you might like. Everything you know and can rely on now could change very quickly once you file for divorce.
For example, you will have to split your property with your spouse. If the two of you have a prenuptial or postnuptial agreement, you may already know what property division will mean for the two of you. Otherwise, you either need to negotiate a settlement or go to court to litigate it.
The law in Minnesota requires an equitable or fair division of your property. What influences how a judge defines that for you and your spouse?
What judges consider in property division
A judge presiding over litigated property division proceedings has to look at specific details from a couple’s marriage.
The separate property of each spouse, the duration of the marriage and even the health of the spouses can influence how a judge splits their shared property. Both spouses typically need to provide a thorough inventory of assets and debts, and the judge will have to learn about the household circumstances before making any major decisions.
Some people expect issues like adultery will affect their divorce. However, the property division law specifically states that the judge shouldn’t consider marital misconduct when splitting property. Unless you can prove wasteful spending or similar forms of financial misconduct, adultery or other bad behavior on its own won’t necessarily affect property division.
Learning about the equitable distribution law for Minnesota divorces can help you as you go through the property division phase of your divorce.