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Making Sense of Divorce in Minnesota: A Helpful Overview

minnesota state flag - divorce in minnesota

Dealing with a divorce isn’t easy, but understanding the process can be a big help. This page is dedicated to divorce in Minnesota. We aim to give you a clear overview and help ease your journey. Plus, we’ve included more detailed resources and links for further information.

Divorce Laws in Minnesota

Minnesota handles divorce with its own set of rules. You can file for a no-fault divorce here. This means you don’t need to blame your spouse for the marriage ending. The main reason given is usually “irreconcilable differences.” In Minnesota, there’s no need to live apart before you file. However, one of you must have lived in Minnesota for at least 180 days before filing.

Unlike some states, Minnesota doesn’t have a mandatory waiting period for the divorce to be finalized. Also, Minnesota is an equitable distribution state, so property is divided fairly, but not always equally.

Process of Filing for Divorce

To start a divorce in Minnesota, you’ll file a Summons and Petition for Dissolution of Marriage. You do this in the county where you or your spouse live. You’ll need to fill out some forms, including the petition and a financial affidavit.

After filing, you have to serve these papers to your spouse. This lets them know about the divorce. Serving can be done through a sheriff or a professional process server. If you both agree on the divorce terms, you might file a joint petition.

Child Custody and Support

In Minnesota, the courts focus on what’s best for the child when deciding custody. They look at each parent’s relationship with the child, their ability to care for the child, and even the child’s preferences in some cases. Joint custody is often encouraged.

Child support in Minnesota follows specific guidelines. It’s based on both parents’ incomes and the amount of time each parent spends with the child.

Alimony/Spousal Support

Alimony, or spousal support, in Minnesota is not automatic. The court looks at various factors. They consider the length of the marriage, each person’s need, and their ability to pay. Alimony can be temporary or more long-term, depending on the circumstances.

Property Division

In Minnesota, property division during a divorce is about fairness. The court divides property based on what’s fair, considering each spouse’s situation and contributions to the marriage.

Minnesota Divorce Resources

Want to dive deeper? We’ve got a lot of resources and links for you. Check out Minnesota family law courts, official government resources, and legal aid groups. They can help you understand more about divorce in Minnesota.

Article: How Much Does a Divorce Cost in Minnesota

Minnesota Divorce Forms

You’ll find most of the forms you need listed here: https://www.mncourts.gov/GetForms.aspx?c=15&p=55

Uncontested Divorce – No Minor Children:

  • Joint Petition for Dissolution of Marriage (without children)
  • Joint Motion for Entry of Judgment
  • Judgment and Decree
  • Certificate of Dissolution

Uncontested Divorce – With Minor Children:

  • Joint Petition for Dissolution of Marriage (with children)
  • Joint Parenting Plan
  • Income and Expense Affidavit
  • Child Support Order
  • Judgment and Decree
  • Certificate of Dissolution

Other Forms:

  • Petition for Dissolution of Marriage
  • Summons
  • Proof of Service
  • Financial Disclosure Affidavit
  • Motion for Default Judgment

Additional Resources:

Disclaimer

This page is for general guidance. It’s not legal advice. For specific advice, please talk to a lawyer.

Emily Hartman
Emily Hartman

Emily Hartman, driven by her personal journey through a challenging divorce, founded FindADivorceAttorneyNearMe.com. Her intimate knowledge of the emotional and practical challenges faced during the process fuels her dedication to offering empathetic and insightful support to those in similar circumstances. When not in the office, Emily enjoys outdoor adventures with her two children and her black lab, Lola.