To file for divorce in Minnesota, the only 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 or waiting period. You will need to be able to at least attempt to serve the other party; however, it is possible to continue if the other party doesn’t respond to the filings or is unable to be located after a diligent effort.
If you have questions about the divorce process, our law firm can help. We have extensive experience in divorce and other family law cases in Minnesota, and we offer consultations to new clients so you can get a chance to discuss your case before you move forward.
Do We Have to List a Reason for Divorce?
It used to be that a divorce had to have specific grounds, such as infidelity, to be granted. However, this has changed in recent years, and many states are now referred to as “no fault” states, which means you can be granted a divorce without having to list a specific reason. Instead, both parties just have to agree that the marriage is “irretrievably broken.”
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 you live in. If you are using an attorney, they will gather the information needed and submit the filing on your behalf. They will also ensure that the other party is served. The other party will have an opportunity to respond to the divorce filing, and then, the case will be set for the initial hearing.
Should I Use a Divorce Attorney?
If you and your ex are able to agree on all the aspects of the divorce, it may be tempting to try to do a DIY divorce. However, this usually isn’t a good idea. It’s very common for both parties to be in agreement and to be getting along civilly at the beginning of the separations, but this often devolves quickly as time passes and both parties actually start living separate lives. Working with an attorney also ensures that you have a complete asset disclosure and that you understand what you’re entitled to under Minnesota law. When you are going through a divorce, it’s important to have someone who is looking out for your rights and interest and who is able to provide a third-party perspective when it comes to negotiations, and an attorney does just that.
Before you start the official divorce process, it’s important to talk to an attorney to understand your rights and options. Call our firm today to find at 651-571-8547 to get started.