In Minnesota, petitioners must establish residency before filing for a divorce. The residency requirement is 180 days. Once the petitioner establishes residency, the state establishes jurisdiction over the divorce case. The petitioner must follow all laws and guidelines when filing. An attorney in Walker, MN will explain all additional requirements for starting a divorce case.
Minnesota State Code Chapter 518
Minnesota State Code 518 defines all divorce laws for the state. According to the laws, Minnesota is classified as a no-fault state. Under the classification, petitioners cannot use any fault-based divorce grounds when filing for a divorce. Irreconcilable differences are the only divorce grounds used in the state. It doesn’t assign blame, and neither party must present evidence to substantiate allegations.
Serving the Defendant
The first step is to deliver the divorce summons to the defendant. An officer of the court delivers the document to the defendant and informs them of the divorce proceedings. It is vital that the officer acquire a confirmation that the right individual was served.
Creating a Divorce Agreement
The divorce agreement explains how all marital assets are divided according to state laws. If children were produced during the marriage, a custody and support arrangement is defined. Requests for alimony or spousal support are included if the couple was married at least ten years. The divorce agreement is delivered to the defendant for review, and if they defendant agree, the attorney sets up an appointment for them to sign the divorce documents. If not, the defendant’s attorney will negotiate with the petitioner’s lawyer.
Managing a Contested Divorce
The defendant cannot contest the divorce simply because they don’t want to get divorced; they must have an issue with the terms of the agreement. Mediation must be scheduled if the couple cannot reach an agreement.
In Minnesota, petitioners must follow no-fault divorce laws and use irreconcilable differences as the divorce grounds. The divorce summons is delivered to the defendant if their whereabouts are known. The defendant must respond within sixty days or they will face a default judgment. Petitioners who need more information about filing for a divorce can contact an attorney in Walker, MN directly or visit our law firm right now.
