What is a no-fault divorce?

A no-fault divorce is a type of divorce used in Minnesota that does not require one spouse to prove that the other was at fault for the breakdown of the marriage. In a no-fault divorce, either party can ask for a divorce without accusing the other of any wrongdoing or fault. This type of divorce is an uncontested divorce, meaning that both spouses agree to the divorce and that there is no disagreement between them. In Minnesota, there are two grounds for a no-fault divorce: the irretrievable breakdown of the marriage and incompatibility between the parties. To get a no-fault divorce in Minnesota, either spouse must file a Petition for Dissolution of Marriage and an Affidavit of Irretrievable Breakdown with the court. The court will then grant the divorce if the affidavit is sufficient. No-fault divorce can help both spouses avoid a lengthy and expensive court battle by coming to a simple agreement and ending their marriage without assigning blame or fault to either spouse. It is important to note that no-fault divorce may not be a feasible option in cases where there is a dispute over financial or other matters related to the marriage. In that case, a fault-based divorce may be necessary.

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