Prior to the creation of the No Fault divorce method, a party needed to show some wrong doing of the other person such as adultery or abuse to get a divorce. The guilty spouse was penalized by receiving a smaller portion of their property or being denied custody of their children while the faultless spouse was rewarded by getting more of the property or custody of their children.

Minnesota is a No Fault state for purposes of divorce. No Fault divorce is a divorce process where a party can seek a divorce without having to present some basis of wrong doing of the other party. A divorce will be authorized if either party thinks that the marriage is over and harmony is not likely. Neither individual is punished in the division of property or award of guardianship rights on the basis of fault.

Because fault is not mandatory to procure a divorce, the reasons the marriage ended generally are unsuitable and will not be allowed to be introduced in the proceeding. This is very hard for some parties to acknowledge especially in those cases where adultery is the reason the marriage ended. In a recent publication by the Minnesota Judicial Branch entitled “From the Judges of Family Court: What to Expect…Divorce in Minnesota”, the contributors reaffirmed that the law does not admit the courts to be used as an instrument for disciplining the cheating spouse or allow judges to make amends for emotional wounds in most cases. Since emotionally driven cases seem to be the most difficult cases to work out and therefore the most expensive, it is hugely important for the lawyers in these types of cases to determine the issue in the beginning so that the client may be counseled and redirected before settlement becomes doubtful.