December 5, 2019

Is There an Adultery Law in Minnesota

Is ther an Adultery Law in MN? | SchindelSegal, PLLC

You may wonder, “Is there an adultery law in Minnesota?” The short answer is that when it comes to divorce, the issue doesn’t arise as Minnesota is a ‘no-fault’ state. ‘No-fault’ means that a divorce can be sought based solely on one or both parties of the marriage desiring it.

Meaning of no-fault divorce

Minnesota is a ‘no-fault’ state when it comes to divorce, which means the court does not require assigning fault. There is no need to establish grounds for divorce in Minnesota, other than stating the marriage is not working, and you wish for it to be dissolved. A divorce can be granted on the general basis that the marriage is irretrievably broken without getting into details of the fault, meaning that adultery does not have to be established for a divorce to be granted.

Problem with using adultery as a basis for divorce

Certainly, you can seek a divorce as a result of infidelity. However, it is not a defining factor. The reason being, historical legal definitions of adultery can be very problematic, as they often refer only to a woman being unfaithful to her husband, do not include unfaithfulness by the male spouse, and do not address same-sex marriage which is legal in the state of Minnesota.

Alimony and Adultery

Behavior including adultery can indirectly enter into the division of marital assets, but it is a mistake to think that adultery will be a large factor. Adultery may enter the equation, for example, if one of the parties gave away a lot of money when conducting his or her affair. However, alimony payments and division of assets are not intended to punish someone for their behavior or to render a moral judgment. Instead, the goal is to ensure a fair division of marital wealth and to ensure neither party becomes impoverished or is not given a chance to get back on their feet. It is not awarded to make up for the hurt felt over infidelity.

Visit our website for more information about Minnesota divorce, and do not hesitate to contact the Law Offices of SchindelSegal, PLLC if you need to speak to a divorce attorney.

Featured Image By: Bacho/Shutterstock