December 5, 2019

A Basic Guide to Divorce Laws in Minnesota

Minnesota Divorce Guide | SchindelSegall, PLLC

The time and money it takes to get a divorce in Minnesota varies greatly depending upon whether it is being contested or not, and the degree of complexity involved. It may be possible to get a summary dissolution very quickly in a procedural fashion, or it might be much more complicated. Having a Minneapolis divorce attorney guide you through the process is the best way to ensure no mistakes are made that will cause delay or, in some cases, cause the court to make you start all over again. You can get started with this basic guide to Minnesota Divorce Law.


Grounds for Divorce in Minnesota

Establishing fault is not required to file for divorce, or dissolution as it is properly known, in Minnesota as it is a “no-fault” state. Divorce is sought on the basis that the marriage is irretrievably broken without assigning specific fault to either party. But if one party files for divorce, the other can contest the fact that the marriage is irretrievably broken.


Requirements to File

One party has to have resided in the state for 180 days or longer to petition for dissolution in Minnesota. If you have both recently arrived in Minnesota, you will have to wait before you can initiate divorce proceedings.


Summary Dissolution

In very simple cases involving no children and few assets where both parties are in agreement that they want to divorce, a very fast process called a summary dissolution may apply. This can happen within a couple of months without the need to appear in court, though the conditions that must be met are strict.


Joint Petition for Dissolution

If you do not qualify for summary dissolution but are in general agreement with your spouse on how you want to structure your divorce, a joint petition for dissolution may be the answer. Together with your legal advisors, you work out an agreement in advance that covers everything that is submitted to the court. If the court is satisfied that all is reasonable and in order, it will grant the petition in a fairly straightforward manner.


Contested divorce

If divorce papers in Minnesota are served, and an agreement can not be reached, then the divorce is contested, and the case will go to trial for determination by the court. This can be a lengthy and costly process, though if an agreement is reached between both parties and their legal teams, this can be presented to the court in the form of a stipulation. If the court accepts it as reasonable, the process can then go quickly.


Contact the SchindelSegal, PLLC Today


If you are looking for divorce support or are unsure how to proceed, contact the Law Offices of SchindelSegal, PLLC to speak to a divorce attorney today.


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