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How Do I Prove My Spouse is Crazy in a Minnesota Divorce Case?
From time to time a client will come to me, excited that he or she has figured out a sure-fire way to win custody, because he or she has personally diagnosed the spouse with Borderline Personality Disorder (BPD), Parental Alienation Syndrome (PAS), or some other mental illness.
Unfortunately, nobody is going to take your word for it. For such an argument to carry any weight whatsoever, you will have to obtain a diagnosis from a qualified professional. This normally is accomplished through the custody evaluation process. Other times, you may need to hire your own expert.
* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. FOR GUIDANCE ON YOUR SITUATION, CONSULT WITH ERIC C. NELSON, ATTORNEY. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.
Minnesota is a no-fault only state. The divorce petition must state either that the parties have been living separate and apart for 180 days or more or that there is "serious marital discord" with no chance of reconciliation. All fault grounds, such as adultery, cruelty and insanity are no longer recognized in Minnesota.
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