Divorce in Minnesota
There are a few things you should do before filing for divorce in Minnesota: Talk to a Minnesota divorce attorney and learn about the legal requirements and process for filing for divorce. This article will help you with both of those tasks.
The Basics of Filing for Divorce in Minnesota
Divorce Residency Requirements: You or your spouse must be a Minnesota resident for at least 180 days before you can file for divorce in the state.
Divorce Filing Requirements: To begin Minnesota divorce proceedings, you and your Minnesota divorce lawyer will prepare a Petition for Dissolution of Marriage and summons. These are filed with the court and served on your spouse. If you, your spouse and your Minnesota divorce lawyers have already agreed on how to settle all of the issues in your divorce, you can file a joint petition for divorce. You'll also have to pay court fees.
Property Division: When divorcing in Minnesota, the law requires couples to split their marital property equitably and fairly. That doesn't necessarily mean that assets and debt will be divided in half. If you and your spouse, with the help of your Minnesota divorce attorneys, cannot agree on the property division, then the court will make a decision for you.
Alimony: The divorce court may agree to grant alimony, also known as spousal support, to either you or your spouse. Alimony is typically awarded for a temporary period of time while the spouse with the lower-earning potential gets on his or her feet, finds a job or gets additional training. It may also be granted if one spouse is out of the workforce while raising the couple's minor children.
Minnesota Child Custody & Child Support
Child Custody: If you and your spouse have minor children, you'll also have to reach a Minnesota child custody agreement as part of your divorce.
There are two aspects to child custody. Physical custody relates to where the child primarily lives. Legal custody describes which parent is responsible for making major life decisions on the child's behalf. In both cases, custody may be sole or joint. If one parent has sole physical custody, the other parent typically has substantial visitation, also known as parenting time.
Child Support: In awarding child support, Minnesota courts will typically look at each parent's income as well as the costs to raise a child. Child support awards can be modified if either parent has a major change in financial status or if the child's expenses change dramatically.
Find & Hire a Minnesota Divorce Attorney
Before filing for divorce, you should first speak to a Minnesota divorce attorney. A lawyer can guide you through the process and ensure that you're treated fairly by the courts and by your spouse.
If you need help finding a lawyer, Attorneys.com can help. We offer a free service that can match you with Minnesota family law attorneys in your area. Phone us at 877-913-7222 or fill out the form on this page to get quickly connected with an attorney today.