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Does cheating impact the outcome of divorce in Minnesota?

On Behalf of | Jan 14, 2025 | Divorce

Infidelity is a significant betrayal and a common cause of divorce. Although this break in the trust that is foundational to marriage may have led to the divorce, it is important to note that Minnesota uses a no-fault system, and fault generally does not play a role in the divorce proceeding. Essentially, this means that an individual does not need to establish infidelity or another specific cause to justify the divorce.

This is generally a good thing. It means you would not need copious amounts of evidence outlining the details of an affair to move forward with the divorce. However, there are certain situations when evidence of an affair can be part of negotiations when it comes to the division of assets and child custody arrangements.

Will the courts take infidelity into account during property division?

As a no-fault divorce state, courts can grant a divorce on the grounds that the marriage is “irretrievably broken” without the need to prove wrongdoing. When it comes to asset division, Minnesota courts divide marital property based on what is fair and equitable without considering marital misconduct.

However, it is important to note that there are situations when acts related to infidelity could play a role in asset division. Take, for example, a spouse who takes the individual they are having an affair with on a lavish vacation, depleting marital assets. In this situation, the court may consider granting the non-cheating spouse additional assets to help right this wrong.

What role could infidelity play in child custody negotiations?

Courts look to the best interest of the child when navigating child custody arrangements. Ideally, both parents will play a role in the child’s upbringing. However, if the court finds a situation that is not good for the children, they will reflect this finding in their decision. When it comes to an affair, this could play a role if the other individual has a history of abuse or neglect.

How can I better ensure I get a fair outcome when we finalize the divorce?

It is important to set emotional frustrations aside and focus on financial and parental arrangements rather than past grievances. Do not lose sight of these important matters that you can address during the divorce. It is wise to focus on practical outcomes and seek professional guidance to navigate the complexities of divorce proceedings efficiently. By approaching the situation with clear objectives and expert support, you can protect your interests and pave the way for a smoother transition into the next chapter of your life.

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