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Irretrievable Breakdown of the Marriage

Posted by Gerald Williams 
· June 16, 2021 
· No Comments

In Minnesota, the family court will grant a divorce if one party asserts under penalty or perjury that there has been an irretrievable breakdown of the marriage. It does not require this assertion from both parties. If the other party does not believe that the marriage is irretrievably broken, it does not impact the court’s ability to dissolve the marriage.

When this law was adopted, many years ago, it abolished other grounds for divorce as well as abolishing defenses to divorce.

The divorce action should not be used as an ultimatum imposed on the other spouse. As mentioned, the assertion that the marriage is irretrievably broken must be stated under penalty or perjury. So if one spouse petitions for divorce, not because of an irretrievable breakdown of the marriage, but as a means to make the other spouse seek reconciliation, it is not a proper use of the process.

Conversely, If the petitioning party does decide to pursue reconciliation, the petitioning party can withdraw the divorce petition, or place the divorce action on inactive status while the couple pursues reconciliation.

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