Prior to the creation of the No Fault divorce method, a party needed to present some misconduct by the other party such as adultery or abuse to get a divorce. The at fault spouse was punished by obtaining a smaller portion of the couple’s property or being denied custody of their children while the innocent spouse was rewarded by obtaining more of the property or guardianship of their children.

Minnesota is a No Fault state in determination of divorce. No Fault divorce is a divorce method where a person can seek a divorce without having to prove some basis of wrong doing of the other party. A divorce will be granted if either party feels that the marriage is over and harmony is not likely. Neither individual is penalized in the division of property or award of rights in the upbringing of the children on the basis of fault.

Because wrong doing is not necessary to get a divorce, the reasons the couple couldn’t make the marriage work generally are not relevant and will not be allowed to be brought into the proceeding. This is extremely difficult for some persons to deal with especially in those cases where adultery is the reason for the marriage failure. In a recent report by the Minnesota Judicial Branch entitled “From the Judges of Family Court: What to Expect…Divorce in Minnesota”, the contributors reasserted that the law does not avow the courts to be used as an instrument for disciplining the unfaithful spouse or allow judges to atone emotional wounds in most cases. Since emotionally driven cases likely are the most difficult cases to work out and therefore the most expensive, it is hugely important for the lawyers in these kinds of cases to pinpoint the issue right away so that the client may be counseled and redirected before settlement becomes doubtful.

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.