But I Don't Wanna: Can I Oppose A Divorce In Minnesota?

Occasionally, someone gets served with divorce pleadings and wants to save the marriage. They then ask if they can oppose getting divorced from their spouse.

The short answer is "No."

The longer explanation is that Minnesota is a "no-fault" divorce state. The only statutory reason for divorce is that there has been an “irretrievable breakdown of the marriage.” This means that at least one of the parties wants to leave the marriage and that there is no reasonable hope of reconciliation. Because of this, a spouse who wants a divorce will be granted one even if the other spouse doesn't want it.

Another aspect of "no-fault" divorce is that you do not need to prove a spouse did something wrong. This also means that the court it cannot consider who is at fault for the marriage ending. For example, in deciding property-division or parenting-time questions, the court won't take a spouse's infidelity into account.

To discuss divorce or any family law issue, call Kruse Family Law PLLC at 612.231.9865 or email corwin@krusefamilylaw.com.