Minnesota is considered a "no fault" State if a spouse is seeking a divorce. Therefore, if one spouse wishes to obtain a divorce, he or she does not need to establish that the other spouse is at fault for the break-up of the marriage.  The actual standard applied by Minnesota Courts, is whether there has been an "irretrievable breakdown of the marriage relationship." (Minn. Stat. § 518.06). The Courts sometime refer to this as whether there are "irreconcilable differences" between the spouses. Ultimately, as long as one of the spouses alleges that he or she legitimately wants a divorce, the Court will grant the divorce even if one of the spouses wishes to remain married. In the vast majority of divorce proceedings in Minnesota, the issue of whether there has been an irretrievable breakdown of the marriage, is a non-issue.

Contact Blahnik Prchal & Stoll if you are contemplating a divorce or whether you have any further questions regarding the divorce process.