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How does a legal separation work? It is a process in Minnesota where the couple reaches an agreement on how to divide the assets and debts of the marriage as well as custody and parenting time matters if they have minor children. Once the parties come to an agreement on these issues, they formally live separate lives.
"Marital property" means property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage relation between them, or at any time during ...
A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.
In Minnesota, the court makes a property division that is ?fair and equitable.? (Minnesota Statutes, Chapter 518.58, Subdivision 1). However, a ?fair and equitable? marital property division doesn't necessarily mean that each asset is split in half. Instead, the court takes a more comprehensive approach.
"Marital" assets must be divided in a fair and equitable way. "Non-marital" assets are usually not divided between the spouses. A non-marital asset is usually awarded to the spouse who owned it before the marriage.
§ 518.09. Proceeding; How and Where Brought; Venue. A proceeding for dissolution or legal separation may be brought by either or both spouses and shall be commenced by personal service of the summons and petition venued in the county where either spouse resides.
"Marital" assets must be divided in a fair and equitable way. "Non-marital" assets are usually not divided between the spouses. A non-marital asset is usually awarded to the spouse who owned it before the marriage.
CHAPTER 519. RESPONSIBLE FOR TORTS AND BOUND BY CONTRACT. PROPERTY ACQUIRED BY WIFE DURING SEPARATION; CONVEYANCES. LIABILITY OF HUSBAND AND WIFE. CONTRACTS BETWEEN HUSBAND AND WIFE.