Zealous Legal Guidance Free Consultations with Experienced Attorney 	Dissolution of Marriage/Divorce 	Post Decree Modification 	Pre Nuptial Agreements 	Post Nuptial Agreements 	Child Custody 	Parenting Time 	Paternity 	Spousal Maintenance
Dissolution of Marriage & Divorce
Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
divorce
In Minnesota, a divorce is called a dissolution of marriage.  The only ground for a divorce in Minnesota is an irretrievable breakdown of the marriage.  Minnesota is a no-fault divorce state.  Minnesota is an equitable distribution state, meaning that any marital property is divided between spouses based on what is fair and equitable, not necessarily equal.  Marital property is property that is acquired during the marriage.  The court considers the length of the marriage, each party’s age, health, occupation, income potential, and future needs, and each spouse’s contribution to the marriage when making property divisions.  Any property that was acquired prior to marriage is not considered marital property. In order to get divorced in Minnesota, one of the spouses must live in Minnesota for at least 180 days before starting the case.  Divorces are complicated and may take many months to finalize.  If you have property or minor children, your divorce will be more complicated.  If the parties can agree on a division of property and parental rights, a divorce can happen more quickly.  Kristin Davis has experience with all types of cases.  She has represented clients when both sides have made an agreement and she has also handled highly contested cases.  Call Ms. Davis at (651) 705-8800 to discuss your case or fill out the form above to request a free consultation.   
CLIENT & COLLEAGUE REVIEWS “Kristin is very experienced in family law.  She can take your case from beginning to end.  Very professional.” “Kristin Davis is a very thorough attorney.  She is smart and provides no nonsense advice to her clients.  She pays attention to detail and doesn’t miss anything.  She is a great attorney.  You won’t regret hiring Kristin.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!” “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.”
The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding divorce or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN | 55337 | Tel: (651) 705-8800 | Fax: (651) 705-8803
             Website: www.molinarodavis.com  Email: atty@molinarodavis.com

Frequently Asked Questions

Will the Court award the marital homestead to whichever party is better able to afford it?

I’m going through a divorce and I own a home jointly with my husband.  He makes more money than I do.  Will the judge award him the house?

Not Necessarily.

When a court divides marital property, it is to be done fairly and equitably.  This usually means 50/50, but not always.  If you spouse can better afford the mortgage on their own, that does not mean that they will automatically be awarded the home.  Depending on the circumstances, an argument can be made that with your income plus spousal maintenance, you would be able to afford the mortgage.  In the event that neither party can afford the mortgage on their own, which is very common, it might make more sense for the parties to sell the property and both separately move into something more affordable.  However, it might be that it would make more sense that one party keep the home because it has negative equity or the market is unfavorable at the time of divorce.

How should I file my taxes?

I’m in the middle of a divorce, should I file married filing separately or married filing jointly?

It’s preferable to file jointly or as head of household, if you qualify, but in some circumstances, it is

advisable to file separately.

I usually advise clients to have their accountant prepare them both ways, so you can have a better idea of what the tax liabilities or refund will look like in both scenarios.  At Molinaro Davis Law, we have a tax attorney who can prepare your tax return as well and advise you regarding this issue.  If there might be a tax liability for one of the parties or if you don’t think your spouse is being honest on the tax return, you might not want to file jointly because you are also liable on the return.  It usually is more cost beneficial to file jointly, but there may be circumstances where it would be advisable to file separately.  You might also qualify to file as head of household and should seek advice regarding this issue.

What is my filing status if I got divorced during the year?

My divorce was finalized during the year, but I was technically married for the majority of the year.  Do I file married or single?

You would file single (or head of household).

If you are divorced by the end of the year, then you would file single for the entire year (or head of household in certain situations).  For example, if your divorce was entered by the court on December 26, you would file tax returns as single (or head of household) for the entire year.

Can my spouse be penalized for an affair?

My spouse had an extra-marital affair.  Can I bring that up during the divorce proceedings?

Generally no.

Minnesota is a no-fault state; generally the causes of the failure of the marriage are not an issue in court.

How does the court split our assets/debts?

My spouse made more money than I did during our marriage; does that matter?

Income, assets, and debts accumulated during the marriage are allocated between spouses.

During a divorce, the income, assets, and debts accumulated during the marriage are allocated between spouses.  It is presumed that both spouses share in both the assets and income of the marriage.  Each spouse must make a full disclosure of their finances.  In most cases, lifestyles will change after a divorce because there will now be two separate households, which are more expensive to maintain.

How long do I have to wait to file for divorce?

I just moved to Minnesota; can I file for a divorce?

Maybe.

One of the spouses must be a resident of Minnesota for 6 months immediately preceding commencement of the divorce.
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Twin Cities: (651) 705-8800

Zealous Legal Guidance Free Consultations with Experienced Attorney 	Dissolution of Marriage/Divorce 	Post Decree Modification 	Pre Nuptial Agreements 	Post Nuptial Agreements 	Child Custody 	Parenting Time 	Paternity 	Spousal Maintenance
Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
In Minnesota, a divorce is called a dissolution of marriage.  The only ground for a divorce in Minnesota is an irretrievable breakdown of the marriage.  Minnesota is a no-fault divorce state.  Minnesota is an equitable distribution state, meaning that any marital property is divided between spouses based on what is fair and equitable, not necessarily equal.  Marital property is property that is acquired during the marriage.  The court considers the length of the marriage, each party’s age, health, occupation, income potential, and future needs, and each spouse’s contribution to the marriage when making property divisions.  Any property that was acquired prior to marriage is not considered marital property. In order to get divorced in Minnesota, one of the spouses must live in Minnesota for at least 180 days before starting the case.  Divorces are complicated and may take many months to finalize.  If you have property or minor children, your divorce will be more complicated.  If the parties can agree on a division of property and parental rights, a divorce can happen more quickly.  Kristin Davis has experience with all types of cases.  She has represented clients when both sides have made an agreement and she has also handled highly contested cases.  Call Ms. Davis at (651) 705-8800 to discuss your case or fill out the form above to request a free consultation. 
CLIENT & COLLEAGUE REVIEWS “Kristin is very experienced in family law.  She can take your case from beginning to end.  Very professional.” “Kristin Davis is a very thorough attorney.  She is smart and provides no nonsense advice to her clients.  She pays attention to detail and doesn’t miss anything.  She is a great attorney.  You won’t regret hiring Kristin.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!” “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.”
The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding divorce or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN
             Website: www.molinarodavis.com  Email:

Frequently Asked Questions

Will the Court award the marital homestead to whichever party is better able to afford it?

I’m going through a divorce and I own a home jointly with my husband.  He makes more money than I do.  Will the judge award him the house?

Not Necessarily.

When a court divides marital property, it is to be done fairly and equitably.  This usually means 50/50, but not always.  If you spouse can better afford the mortgage on their own, that does not mean that they will automatically be awarded the home.  Depending on the circumstances, an argument can be made that with your income plus spousal maintenance, you would be able to afford the mortgage.  In the event that neither party can afford the mortgage on their own, which is very common, it might make more sense for the parties to sell the property and both separately move into something more affordable.  However, it might be that it would make more sense that one party keep the home because it has negative equity or the market is unfavorable at the time of divorce.

How should I file my taxes?

I’m in the middle of a divorce, should I file married filing separately or married filing jointly?

It’s preferable to file jointly or as head of household, if you qualify, but in some circumstances, it is

advisable to file separately.

I usually advise clients to have their accountant prepare them both ways, so you can have a better idea of what the tax liabilities or refund will look like in both scenarios.  At Molinaro Davis Law, we have a tax attorney who can prepare your tax return as well and advise you regarding this issue.  If there might be a tax liability for one of the parties or if you don’t think your spouse is being honest on the tax return, you might not want to file jointly because you are also liable on the return.  It usually is more cost beneficial to file jointly, but there may be circumstances where it would be advisable to file separately.  You might also qualify to file as head of household and should seek advice regarding this issue.

What is my filing status if I got divorced during the year?

My divorce was finalized during the year, but I was technically married for the majority of the year.  Do I file married or single?

You would file single (or head of household).

If you are divorced by the end of the year, then you would file single for the entire year (or head of household in certain situations).  For example, if your divorce was entered by the court on December 26, you would file tax returns as single (or head of household) for the entire year.

Can my spouse be penalized for an affair?

My spouse had an extra-marital affair.  Can I bring that up during the divorce proceedings?

Generally no.

Minnesota is a no-fault state; generally the causes of the failure of the marriage are not an issue in court.

How does the court split our assets/debts?

My spouse made more money than I did during our marriage; does that matter?

Income, assets, and debts accumulated during the marriage are allocated between spouses.

During a divorce, the income, assets, and debts accumulated during the marriage are allocated between spouses.  It is presumed that both spouses share in both the assets and income of the marriage.  Each spouse must make a full disclosure of their finances.  In most cases, lifestyles will change after a divorce because there will now be two separate households, which are more expensive to maintain.

How long do I have to wait to file for divorce?

I just moved to Minnesota; can I file for a divorce?

Maybe.

One of the spouses must be a resident of Minnesota for 6 months immediately preceding commencement of the divorce.
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