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Minnesota Divorce Process
Preparing the Divorce Papers
In Minnesota, divorce is called dissolution of marriage. The petitioner is the party who initiates the divorce, and the respondent is the party who receives the petitioner's divorce papers.
The documents that start the divorce are:
The petitioner may need to submit additional paperwork depending on the court, but the summons, petition, verification, and certificate of representation are always be required. The petitioner should check with the clerk of court at the county courthouse (where the papers are filed) to make sure the paperwork is sufficient and that the court will accept them.
Neither party should sign any affidavits, oaths, or sworn statements unless and until he or she is in the presence of a notary.
Filing the Paperwork with the Court
The divorce papers are filed in the country where either spouse lives. The petitioner makes two copies of all documents - one for the other spouse and one for himself or herself. The original is filed with the court.
The petitioner pays a fee to file unless he or she completes a Fee Waiver (also known as an Affidavit to Proceed In Forma Pauperis). This can be obtained from the clerk of court, and the court reviews it. The court waives the fee when it deems the petitioner indigent.
The clerk of court time and date stamps the divorce papers.
Serving the Documents
When the documents are prepared and filed, the petitioner should immediately serve the other spouse with the documents. Service of process ensures that everyone has the chance to argue his or her point of view.
If the other spouse is an adult who is pro se (meaning he or she has no lawyer), then the petitioner serves him or her directly. When the other spouse has a lawyer, the petitioner serves the lawyer.
When both spouses live in Minnesota, special service rules apply. The options are:
Different rules may apply when a petitioner is hard to locate, in the military, or in jail.
Disclosing Financial Information
Both the petitioner and the respondent complete a Parenting/Financial Disclosure Statement, which details each spouse’s complete financial picture. Certain supplemental documents, like pay stubs and tax returns, may have to be attached. Disclosure helps everyone to understand more about, for example, how much child support should be paid, how the property and debts should be divided, and whether one spouse should receive alimony. The statement is filed with the court and the spouses exchange copies.
Uncontested vs. Contested Divorce
When the spouses are on amicable terms and work together, they can get an uncontested divorce, which saves time and money.
There are two kinds of uncontested divorce in Minnesota. The first kind, summary dissolution, is a streamlined process for very simple cases without children or lots of property. One spouse prepares and files divorce papers, and a judge signs off on the divorce without a courtroom appearance. However, the parties must meet these requirements:
The second kind of uncontested divorce is “dissolution by joint petition.” This is an expedited way to streamline more complicated divorce cases where the spouses have real estate, children, or significant assets, but they agree about everything. There are separate procedures and forms for joint petitions when spouses have children and when they don’t. Both spouses are considered petitioners. The key is that the spouses agree about all issues in the case before they begin, and then write the petition and other joint paperwork together.
When filing a joint petition, the Minnesota Judicial Branch offers different packets for people with children and for people without children.
The joint petition provides a lot of information about the marriage, and it includes a request for the court to issue an order for divorce that reflects the parties’ wishes. Both spouses must sign a notarized joint petition.
Finalizing the Divorce
Divorces can take a wide range of time to complete. The fastest divorce can take as little as four to six weeks if there is complete agreement on the issues and the parties work together from the start; the slowest, most-contentious divorces can drag on for years.
When filing a joint petition, after about 30 days from filing, the parties get a Notice of Entry of a Decree of Dissolution in the mail, which means the divorce is official and the spouses are divorced.
Minnesota courts look at many factors in deciding spousal support amounts. A spouse may be entitled to maintenance if he or she cannot support himself or herself despite any marital property received after distribution. Financial resources, employment, education and the personal circumstances of each spouse are considered. A court examines several factors to determine if maintenance is appropriate, and if so, how much and for how long. They include (1) the duration of the marriage, (2) the standard of living enjoyed during the marriage, (3) each spouse's age and health, (4) each spouse's assets, income or ability to earn income, (5) the time needed for the requesting spouse to receive training or education and obtain sufficient employment in order to support himself or herself and (6) the owing spouse's ability to pay. A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered, it can be modified upon a showing of a substantial change in circumstances.
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