Minnesota Divorce Questions

How Can I file for Divorce in Minnesota?

 

To get divorced in MN, at least one of the spouses must be living in MN for a minimum of 180 days (or you or your spouse must be a member of the armed forces and that person must have kept their MN residency), and   you must file court forms with the district court in the county where one of the spouses is living.  Minnesota is also a No Fault state which means you do need fault based reasons for a divorce. One party need only believe that there has been an irretrievable breakdown of the marriage. 

 

Does it Matter if I File First?

 

No, generally it does not matter who files first.   It only has an impact if the two divorcing parties live in different jurisdictions. When that occurs, the party filing first chooses the location of the case.

 

Do I have to Go to Court?

 

In Minnesota, while you technically need to file court documents to get a divorce, you may not need to physically appear in court if you and your spouse can reach an agreement on all aspects of the divorce, known as an uncontested divorce, and submit a joint petition with a settlement agreement for court approval; this allows for a streamlined process without a court appearance.  If an appearance is necessary, it is generally abbreviated and conducted by zoom video. This is called a default hearing.

 

If I don't Have an Agreement on All issues, how is the case resolved?

 

Most cases are resolved by agreement and where agreements are not easily reached, you and your spouse ay participate in some form of mediation. This could be mediation with one mediator or on issues like custody and parenting time, an Early Neutral Evaluation with two mediator/evaluators.  There are many ways to resolve issues before a trial is necessary. 

 

Key points about divorce in Minnesota:

• Uncontested Divorce:

If you and your spouse agree on all issues like property division, child custody, and alimony, you can usually avoid a court appearance and file a joint petition with a settlement agreement. 

• Contested Divorce:

If you cannot reach an agreement on key issues, you will likely need to go to court for a hearing to have a judge decide on the matters. 

• Court Filing Requirement:

Regardless of whether your divorce is contested or uncontested, you still need to file the necessary court documents with the district court in the county where one of you resides.