Divorce | Family Law |
How to Execute a Simple Divorce in Minnesota
Getting a divorce is a complicated matter. Just as no two relationships are alike, no two divorces are alike either.
That’s why the state of Minnesota provides several routes for couples to execute a divorce. There are requirements that must be met in the state before you can file, and you must decide which type of divorce best fits your situation.
Here’s what you need to know about divorce in Minnesota, plus how mediation might help your divorce process.
Legal Requirements for Divorce
In order to divorce in Minnesota, a few legal requirements must be met. These include:
- At least one person in the marriage has lived in Minnesota for a minimum of 180 days
- If children are involved, you must take a Divorce Education Class if you cannot agree on visitation or custody issues
As long as one spouse wants a divorce, it can be granted in Minnesota, since it is a no-fault divorce state.
Different Types of Divorce
There are several types of divorce. They include:
No-Fault or Fault Divorce
Many states denote two types of traditional divorce: no-fault and fault.
When you seek a no-fault divorce, one spouse petitions the court to end the marriage, and no blame is placed on either party. The filing spouse has to cite the reason for the divorce.
The standard options include:
- Irreconcilable differences
- Irretrievable breakdown
No-fault divorces are meant to grant a divorce to one spouse without needing to prove misconduct, which was often required in the past. Basically, no one has to stay married if they don’t want to.
A fault divorce requires one spouse to accuse the other of specific actions that led to the filing for the divorce. Only a few states allow this type of divorce.
In these cases, it allows the spouse petitioning for divorce to get around any type of mandatory waiting period. It might impact the judge’s decisions related to the divorce, such as custody of children or division of property.
When you seek an uncontested divorce, it simply means both parties agree to the legal grounds of divorce and all the terms of it. Both spouses will be required to draft and sign a settlement agreement.
This legally binding document shows the court their plans for debt allocation, property division, parenting time, child custody, child support, and any other issues related to the divorce.
Mediation is a process by which the involved parties meet with a neutral third party to help them resolve issues related to their divorce.
Mediators are often family law attorneys familiar with the laws in Minnesota regarding divorce, who specialize in mediation techniques. They can help guide you through the process. They are a great alternative to a trial divorce in front of a judge.
You can also opt for co-mediation, a process in which two mediators work together to resolve spousal differences in the divorce process. They strive to avoid a drawn-out process and reach a divorce settlement that works for both parties.
Divorce isn’t easy, but it’s important to realize that you have more options than you think. There is a method of divorce to suit anyone, no matter their needs.
About the Author:
Andrew T. Poole is a Minnesota native who has served in the Army for more than 18 years and is currently a JAG lawyer in the Army Reserves in addition to serving as a partner at LaCourse, Poole & Envall. He has handled thousands of criminal and family law cases over the course of his career and has a firm belief that all hardworking Minnesotans should be entitled to the best possible legal counsel. Mr. Poole boasts a 10/10 Superb rating on Avvo, is Lead Counsel rated, and has been recognized multiple times by SuperLawyers, National Trial Lawyers, and others for his work.