Are there Grounds for Not Granting a No-fault, Uncontested Divorce if both Parties Agree?

Before we answer the question, let’s look at how divorce is viewed at the state level.  Minnesota is a no-fault divorce state, which means that either party can be granted a divorce without an allegation or proof of fault on either party’s behalf.  A divorce will be granted in Minnesota even if the other party does not agree to the divorce in general.  One party simply needs to show that there has been an “irretrievable breakdown” of the marriage relationship.  The party does not need to prove that the other party is at fault for the divorce.

If both parties agree to a divorce and all terms of a divorce, the court will generally approve the parties’ agreement.  However, if the agreement grossly disfavors one party, clearly misapplies the law, or the court believes there is force or coercion by one party in the agreement, the court may not grant the divorce based on the terms outlined in the agreement.

For example, under Minnesota law the court must order an equitable division of marital property. If the parties reach an agreement where one party is awarded all of the assets of the marriage and the other spouse is awarded all of the marital debt without any assets to offset the debt, the court would likely not sign off on the parties’ divorce decree.

If the agreement if deemed fair and lawful, the courts will usually grant the no-fault, uncontested divorce decree.

Call Today For a Free Consultation

  (612) 294-2200

Contact Us

Archives