To file for divorce in Minnesota, the only residency requirement is that at least one party has lived in the state for a minimum of 180 days. There are no requirements for a mandatory separation period or waiting period before filing.
Do We Have to List a Reason for Divorce?
Minnesota is a "no-fault" divorce state, meaning you can be granted a divorce without listing a specific reason. Instead, both parties simply have to agree that the marriage is "irretrievably broken." It used to be that a divorce had to have specific grounds — such as infidelity — to be granted, but this has changed in recent years.
How Do I File for Divorce?
To file for divorce, you will need to submit an official petition for divorce to the family courts in the county where you live. If you are using an attorney, they will gather the necessary information and submit the filing on your behalf. They will also ensure that the other party is properly served. The other party will have an opportunity to respond to the divorce filing, and then the case will be set for an initial hearing.
Should I Use a Divorce Attorney?
If you and your ex are able to agree on all aspects of the divorce, it may be tempting to attempt a do-it-yourself divorce. However, this is usually not a good idea. It is very common for both parties to be in agreement at the start of the separation process, but this can change quickly as time passes and both parties begin living truly separate lives. Working with an attorney also ensures that you have a complete picture of all marital assets and that you understand what you are entitled to under Minnesota law.
Before starting the official divorce process, it is important to talk to an attorney to understand your rights and options. Call our firm today at 651-571-8547 to get started.
This article is for general informational purposes only and does not constitute legal advice. Contact TVA Law Office at 651-571-8547 to discuss your specific situation.
