Residency Requirements
In order to get divorced in the state of Minnesota at least one of the spouses must have lived in the state of Minnesota for 180 days or more.
Fill Out your Forms
In order to begin a divorce in the state of Minnesota, one spouse must fill out or write a Summons and Petition for Dissolution of Marriage. Within the petition, the petitioning spouse must include information about the marriage like income, debts, children, and any property owned. After he or she fills out the petition it must then be served to the receiving spouse and filed with the District Court. Service must be done by a third party who can be a friend, the sheriff or a professional server.
After service, the receiving spouse must file an answer. If the spouses agree on the conditions of their divorce, they may file a Stipulate Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree, which will put them on a proverbial fast track to ending their marriage. However, if the receiving spouse disagrees with the petitioning spouse, then he or she may serve the petitioning spouse an answer that explains why he or she disagrees.
The state of Minnesota has also offered a series of videos to explain how to begin a divorce.
Temporary Relief and Going to Court
In order to maintain the status quo while the divorce is being processed, spouses are allowed to file Motions for Temporary Relief in order to temporarily order child custody, child support, spousal support and any other issues that occur day to day that must be handled while the divorce is being processed. Once the divorce decree is finalized and signed by a judge, the temporary order will expire and the final divorce procedures will go into effect.
Conclusion of Law, Order for Judgment and Judgment Decree
The Judgment Decree is the final document necessary to receive a divorce. Once a judge has signed it, and it is entered by the court administration, the divorce is considered final. This document contains the final judgment on the division of property, child custody, child support and spousal support.
A Note about Forms
If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer's easy interview process to complete a Divorce Settlement Agreement outlining all the details the division of property, assets, debts and liabilities and settling matters of child support, custody and visitation.
You can access most of the necessary divorce forms at the Minnesota Judicial Branch website. Remember, there may be additional documents required by your county's circuit court, so please check with your circuit court before filing to assure that you have all the correct forms. If you feel like you need more help, you can use Rocket Lawyer to Find a Lawyer who's right for you.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
