Do you want to know how to file for divorce in Minnesota?
Minnesota is a no-fault divorce state, which implies that neither party must identify grounds for divorce; instead, the couple may split based on irreconcilable differences.
Table of Contents
Requirements for Residency
To divorce in the state of Minnesota, at least one of the spouses must have resided in the state for 180 days or longer.
Complete your Forms
To start a divorce in Minnesota, one spouse must complete or prepare a Summons and Petition for Dissolution of Marriage. The petitioning spouse must provide details regarding the marriage, such as income, debts, children, and any property held, in the petition. After completing the petition, he or she must serve it on the receiving spouse and file it with the District Court. A third person, such as a friend, the sheriff, or a professional server, must provide service.
Following service, the receiving spouse is required to submit a response. If the couples agree on the terms of their divorce, they may submit a Stipulate Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree, putting their marriage on the proverbial fast track. If the receiving spouse disagrees with the petitioning spouse, he or she may serve the petitioning spouse with a response explaining why.
The state of Minnesota has also made available a series of films that explain how to start a divorce.
Going to Court and Obtaining Temporary Relief
To keep the status quo while the divorce is being processed, spouses may file Motions for Temporary Relief to temporarily order child custody, child support, spousal support, and any other issues that arise on a daily basis that must be addressed while the divorce is being processed. The interim order will expire after the divorce decree is completed and approved by a court, and the final divorce proceedings will take effect.
Conclusion of Law, Judgment Order, and Judgment Decree
The last document required to get a divorce is the Judgment Decree. The divorce is deemed final once signed by a judge and entered by the court administration. The final judgment on property partition, child custody, child support, and spousal support is included in this document.
A Word on Forms
If the parties have reached an agreement and do not want to go through a lengthy trial, they can use Generis global simple interview process to complete a Divorce Settlement Agreement outlining all the details of the division of property, assets, debts, and liabilities, as well as settling issues of child support, custody, and visitation.
