Are you are thinking about getting a divorce and you live in Minnesota? And, if so, how to file for divorce in Minnesota? If yes, then this article is for you.
There are no set federal rules and regulations for divorce. Divorce laws are set at a local level and every state handles things a little differently.
Below you’ll get an overview of how to get a divorce in the upper midwest state, Minnesota. You’ll get the step-by-step process you need to go through (at a very high level).
If you have any questions, or want to make sure you do everything correctly, hiring a divorce attorney can be a big help.
How To File For Divorce In Minnesota
1. Meet The Residency Requirements
The first step in this process is to ensure that you meet the residency requirements in your state.
The residency requirement in Minnesota requires at least one of the spouses to have been a resident of the county or stationed in the state through armed services for six months or 180 days prior to filing.
2. Prepare Your Forms
Next, you must prepare the forms that your state requires. The first form Minnesota requires is the Petition for Dissolution of Marriage form.
Depending on the county where you or your spouse live, you may require additional forms.
You may also have grounds for divorce or not. In Minnesota, there are both fault-based divorces and no-fault divorces.
In no-fault divorces you do not need to show proof of your spouse’s faults to attain a divorce. Thus, a no-fault divorce can be filed by stating that the marriage is irretrievably broken.
3. File For A Divorce
Finally, it is time to file. You will file for the divorce in the county’s courthouse, so at least one of the spouses must be present. After filing for your forms, you are required to pay a court fee.
The average filing fee in Minnesota averages at $365 USD. Read more here on the cost of court fees. If you cannot afford the filing fee, you can ask for a fee waiver.
If you are the supposed defendant and your spouse filed a divorce against you, you need to respond as quickly as you can. Otherwise, your spouse can get a default/uncontested divorce.
4. Serve Your Forms
There are multiple ways in which you can serve your spouse the divorce complaint. These three ways are through the following:
- Your sheriff deputy
- A private process service
- Non-party at the age of 18
There are some exceptional cases, however. For example, if your spouse is in jail, deployed in the military, or you cannot locate them, you may have to try another way of serving your forms. You can check the court clerk about service in these cases.
5. Disclose Your Finances
Lastly, your divorce must include financial disclosure between the two spouses regarding the following:
- Assets
- Liabilities
This financial disclosure process is also known as a “discovery.”
Spouses must disclose both their assets and debts fully and accurately regardless of whether those assets and debts are separate property or not.
It is best to have the financial disclosure as accurate and complete as possible.