According to The Huffington Post, a British study has shown that “unreasonable behavior” is now being cited as a cause for divorce more often than infidelity is. Of course, the definition of “unreasonable” is quite varied.
The British don’t have no-fault divorces, and so must list reasons why the marriage has to end. In Minnesota, however, no-fault divorce is the law. This means it doesn’t matter why the marriage is dissolving. The cause could be infidelity, financial indiscretions or the stereotypical “tube of toothpaste” conflict. It simply doesn’t matter as far as the law is concerned.
The division of marital property, child custody, child support and spousal support are handled according to the same laws and guidelines and there’s no particular profit in trying to convince the judge that you are the one in the right.
That doesn’t mean that every divorce is the same. Far from it. Every divorce is different, and the law can apply to those differences in many important ways.
It just means that the “cause” of a divorce doesn’t matter. A judge’s decision generally won’t be swayed one way or another by who did what to whom unless other laws were broken and those laws apply to the case.
Minnesota is an “equitable distribution” state. Equitable quite often means “equal,” but not necessarily so. A series of factors are taken into account as assets are divided—and none of those factors include the reason for the divorce.
If your marriage is truly over, who was “right” and who was “wrong” no longer matters. What matters is protecting your interests so you can rebuild your life when the dust settles.
Make sure you secure the help of an experienced divorce attorney. Contact Barna, Guzy, and Steffen today to discuss your unique situation. We’re ready to listen and help, no matter what is causing your divorce.