Minnesota is a “no-fault” divorce state, which means if you or your spouse believe that your marriage is irretrievably broken (meaning, so badly damaged that it can’t be saved), and the judge agrees, then the court will issue a divorce order. There’s no need to get into the why the marriage failed, or who was at fault. The no-fault approach reflects a modern trend in American family law. It can speed up divorce proceedings and eliminate mudslinging and hard feelings, helping you and your spouse to heal from your emotional wounds more quickly.

In “fault-based” states, the issue of fault (wrongdoing) can be considered when the court is deciding whether to grant a divorce. This means that the divorce papers will say that the divorce was granted because of wrongful marital conduct. Common grounds (reasons) for divorce in fault-based states include abandonment, abuse, chemical dependency, and of course, adultery.

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