How to File for Divorce in Minnesota: A Step-by-Step Guide
Minnesota Divorce Guide - How Do I File for Divorce in Minnesota?
Filing for divorce is never an easy decision, but understanding the legal process can make it less stressful. In Minnesota, divorce is legally referred to as the dissolution of marriage. Whether you are considering a do-it-yourself approach or seeking help from a divorce attorney in Minnesota, this step-by-step guide will provide you with a comprehensive overview of how to file for divorce in Minnesota.
Step 1: Determine Eligibility to File for Divorce in Minnesota
To file for divorce in Minnesota, you or your spouse must meet the residency requirements:
At least one spouse must have lived in Minnesota for at least 180 days (approximately six months) before filing.
If you do not meet this requirement, you will need to wait until the residency period is fulfilled before proceeding.
If you meet the residency requirements, you can file for divorce in the Minnesota county where either you or your spouse resides. For example, if you live in Burnsville, your divorce case would typically be filed in Dakota County.
There are other potential complicating factors such as whether children are involved, and whether they live outside of Minnesota. Cases involving children outside of Minnesota can implicate additional requirements and factors regarding the residency of the children.
Additionally, in order for a spouse to file for divorce in Minnesota, there must be an irretrievable breakdown in the marriage. Minnesota is a “no-fault” divorce state, meaning that neither side has to prove that the other side has done something wrong in order to file for divorce. However, the marriage must have experienced an “irretrievable breakdown,” which essentially means that the parties can no longer be reconciled.
Step 2: Decide Between Contested and Uncontested Divorce
A key step in the divorce process is determining whether your case is contested or uncontested:
Uncontested Divorce: Both spouses agree on all major issues, including child custody, parenting time, child support, division of assets and debts, and spousal maintenance (alimony). Uncontested divorces are typically faster and less expensive.
Contested Divorce: If you and your spouse cannot agree on one or more issues, your case will proceed as a contested divorce. This process may involve mediation, settlement conferences, or a court trial.
An experienced Minnesota family lawyer can help you evaluate your situation and determine the best approach for your case.
Step 3: Prepare the Required Divorce Pleadings (forms and documents)
The forms you need to file for divorce in Minnesota depend on your circumstances. Commonly required forms include:
Petition for Dissolution of Marriage: This is the initial document that begins the divorce process.
Summons: This informs your spouse that you have filed for divorce and outlines their rights and responsibilities.
Confidential Information Form: Used to protect sensitive information such as Social Security numbers and financial details.
Financial Affidavit: Details your income, expenses, assets, and debts.
Child Custody and Parenting Time Forms (if applicable): Necessary if you have minor children.
You can find Minnesota divorce forms on the Minnesota Judicial Branch website.
Step 4: File Your Divorce Papers
Once your forms are complete, you must file them with the court in the county where you or your spouse resides. Filing fees vary by county but generally range between $300 and $400. Fee waivers may be available if you cannot afford the filing fee.
You can file your documents in person, by mail, or electronically via the Minnesota eFile and eServe system. After filing, the court will assign a case number, and you will need to serve your spouse with the divorce papers.
If you have retained an attorney, the attorney is responsible for filing these documents and will do so online. This can sometimes expedite the process as your attorney will receive filings electronically and may even be able to serve the other party with documents electronically, depending on whether they have an attorney.
Step 5: Serve Your Spouse
Minnesota law requires that your spouse be formally notified of the divorce filing. This is called "service of process," and it must be completed by someone other than you who is at least 18 years old. Options include:
Hiring a professional process server.
Asking a friend or family member to serve the papers.
Using the sheriff's department.
Your server must complete an Affidavit of Service, which you must file with the court to confirm that your spouse has been properly notified.
It is important that the other party is property served, as failure to serve the other party can result in the case being unable to proceed forward, and may even result in a dismissal.
Step 6: Respond to the Petition (If You Are the Responding Party)
If you are the spouse receiving the divorce papers, you have 30 days to respond. Failure to respond could result in a default judgment, where the court grants the petitioner’s requests without your input. A Minnesota divorce attorney can help you file an appropriate response and protect your rights.
Step 7: Address Temporary Issues (If Needed)
During the divorce process, you may need to address temporary issues such as:
Who will stay in the marital home.
Temporary child custody and parenting schedules.
Temporary child support or spousal maintenance.
The court can issue temporary orders to address these matters until the divorce is finalized. In some cases, divorces can take multiple years to complete, meaning that it is crucial for the court to decide temporary issues.
Step 8: Negotiate a Settlement or Attend Mediation
Minnesota courts strongly encourage divorcing couples to resolve disputes through negotiation or mediation whenever possible. Mediation involves working with a neutral third party to reach an agreement on issues such as:
Division of property and debts.
Parenting time and custody arrangements.
Child support and spousal maintenance.
A skilled Minnesota family lawyer can represent your interests during these negotiations and ensure that your rights are protected.
Step 9: Attend Court Hearings (If Necessary)
If you and your spouse cannot reach an agreement on all issues, your case will proceed to court. The court will hold a trial where both parties can present evidence and arguments. A judge will then make final decisions on any unresolved issues. Divorce trials can be lengthy and expensive, and the presiding judge has up to ninety (90) days after the trial to issue a decision. This means that it is generally best to avoid trial if possible, although there are certainly many cases where a divorce trial is necessary.
Step 10: Finalize Your Divorce
Once all issues are resolved, the court will issue a Judgment and Decree of Dissolution of Marriage. This final divorce document officially ends your marriage and outlines the terms of your divorce. Ensure you receive a certified copy of the decree for your records.
Why Hire a Divorce Attorney in Minnesota?
Divorce can be legally and emotionally complex, especially when children or significant assets are involved. Hiring an experienced divorce attorney in Minnesota can provide numerous benefits:
Expert guidance through the legal process.
Assistance with completing and filing court documents.
Representation during negotiations, mediation, or court proceedings.
Advocacy to protect your financial and parental rights.
A knowledgeable attorney can help you avoid costly mistakes and achieve the best possible outcome for your case. Burnsville divorce attorney John E. Roach has assisted numerous families through the divorce process and has an extensive record of proven results.
Additional Resources for Minnesota Divorce
Minnesota Judicial Branch Divorce Forms: Access official divorce forms and instructions.
Minnesota Department of Human Services: Information about child support and parenting resources.
Minnesota Legal Aid: Free legal help for low-income individuals.
Conclusion
Filing for divorce in Minnesota can be a challenging process, but you don’t have to go through it alone. Whether you are pursuing an uncontested divorce or facing a complex, contested case, an experienced Minnesota family lawyer can provide invaluable assistance. If you’re in Burnsville or the surrounding areas, consider reaching out to Burnsville divorce attorney John E. Roach to guide you through every step of the process and help you move forward with confidence.
Contact John at 651-468-2103 today for a free consultation.