Are you considering divorce in Savage, Minnesota, and wondering what comes next? The decision to end a marriage is rarely an easy one, and the divorce process can touch nearly every aspect of your life, from your home and your finances to your family’s well-being. It’s normal to feel uncertain about where to begin and to want clear answers before you commit to any particular course of action.
The Minnesota divorce attorneys at Jaspers, Moriarty & Wetherille, P.A., serve clients throughout Savage at every stage of the divorce process, from initial filing through final decree. When you come to our law office for help, we take the time to understand your situation, explain your options honestly, and fight for an outcome that reflects your interests and priorities. Contact our law firm today to arrange an initial consultation and get the straightforward guidance you need.
Minnesota’s official term for divorce is “dissolution of marriage.” Minnesota is a no-fault divorce state, which means neither spouse has to prove the other is at fault to obtain a dissolution in Savage. The court only requires proof of an irretrievable breakdown of the marriage to grant the dissolution. A dissolution decree fully terminates the marital status of both parties, which is distinct from a legal separation, which leaves the marriage legally intact. Our Minnesota family law attorneys can help you determine the best course for your specific situation.
Before you can file for divorce in Minnesota, at least one spouse must have lived in the state for a minimum of 180 days. Members of the armed services stationed in Minnesota for at least 180 days also meet this requirement. Once either spouse satisfies the 180-day residency requirement, you can file in whichever Minnesota county either spouse calls home. Savage residents may file in the Scott County District Court, located at 200 Fourth Avenue West in Shakopee.
Minnesota divides marital property according to an equitable distribution standard, which means the court aims for a fair division rather than an automatic 50/50 split. The court determines what’s fair by weighing factors like the length of the marriage and each spouse’s income and employability, contributions to the marital estate, and future financial needs.
In this context, marital property includes anything either spouse acquired during the marriage, regardless of whose name is on the title. Nonmarital property, which includes assets owned before the marriage, gifts or inheritances received by one spouse, and property excluded by a valid pre- or post-nuptial agreement, is not divisible. It stays with the spouse who owns it.
The family home is the most significant asset for many couples. During a pending dissolution, the court can award either spouse temporary use of the home while the case works toward a final decree. After the decree, the court may grant one spouse the right to occupy the homestead for a set period, even if the other spouse holds an ownership interest. If neither party is able to keep the home, the court may order them to sell it and divide the proceeds.
Retirement accounts are the other most substantial assets in many marriages, and Minnesota law treats vested pension benefits accumulated during the marriage as marital property subject to division. When dividing these assets, the court will try to offset pension value against other liquid marital assets where possible, so that dividing pensions themselves isn’t always necessary.
When the court does divide a pension, the payments can only come from what the plan actually pays out and cannot exceed the plan’s normal benefit period. Valuing a pension correctly requires actuarial analysis, and the court may appoint a qualified actuary for that purpose. If both parties agree on a value, they can submit that figure to the court instead and bypass the actuary process entirely.
Minnesota courts can award spousal maintenance (alimony) if one spouse lacks sufficient property or earning capacity to meet their reasonable, post-divorce needs at the marital standard of living.
If the court decides that maintenance is appropriate, it determines the duration of payments based on the length of the marriage. Marriages under five years carry a rebuttable presumption against any award. Spouses leaving marriages between five and 20 years in length typically qualify for transitional awards of no longer than half the marriage’s length. Marriages of 20 or more years can support an indefinite award of maintenance.
Within that framework, the court determines the actual amount and duration of spousal maintenance payments based on factors like:
If you’re considering divorce in Savage, Minnesota, you probably have a lot of questions about what the road ahead might look like. The steps below walk you through the typical dissolution process:
If you’re ready to take the next step in your divorce case, the attorneys at the law office of Jaspers, Moriarty & Wetherille, P.A., are ready to help. We work with clients throughout Savage and Scott County to pursue fair, practical outcomes in Minnesota divorce proceedings. Whether your case is straightforward or complex, we’ll give you the honest guidance and dedicated representation you need to move forward. Contact us today to arrange your initial consultation session.
