Learn How to File for Minnesota Divorce and What to Expect in Court for Your Hearing

In the State of Minnesota, divorce is granted when there is a complete breakdown in the marriage and it becomes impossible for the couple to live together anymore. If you feel that this is what is happening in your marital life as well, you can file for a divorce under the Minnesota divorce laws. However, certain regulations and processes have to be maintained and followed.

The petitioner files for divorce in the domestic relations court, and when this is done, all the pertinent documents and forms need to be duly filed. The court will then ask you to serve notice of the dissolution of marriage to the responder, or the other spouse.

Grounds On Which You Can Ask for Divorce

The reasons for obtaining a divorce could be many. There are extreme cases where a partner resorts to abusive behavior like verbal and physical abuse. The trauma is often inflicted either on you or your children and escaping from this environment becomes a necessity. You must under critical conditions seek help form welfare organizations to provide you both with a lawyer and a counselor.

Often, marriages are jeopardized when a partner conspicuously engages in an affair outside marriage. If this is the case with you, it will be possible for you to file for divorce, provided of course it can be proved.

The marriage can also be terminated if your spouse is impotent for whatever reason. Another medical condition which is a valid ground for divorce is insanity.

Some of the most common grounds for seeking a divorce are as follows:

•    Desertion (without any hope of reconciling with your partner within the foreseeable future)

•    Detected cases of adultery or criminal actions by your spouse

•    Abusive behavior towards either you or your minor child

•    Impotency

•    Incest

•    Felony

•    Insanity

How to File for a MN Divorce

Step 1: Get a lawyer – Even if the two of you might agree that it is best to part ways, there are issues that need to be settled such as asset division, debts, child custody and others. The fact remains that the process is still legal and so it makes sense to seek legal help.

Step 2: Verify where you must file the application for divorce. Would this be at the superior or circuit court – at the district or county level? You can find this out by placing a phone call to the courthouse in your locality.

Step 3: You will need to determine the kind of divorce you want to file. Should it be ‘no-fault,' or are you thinking of "irreconcilable differences" as the grounds, wherein you are actually blaming the spouse for ruining the marriage?

Step 4: You will need to decide who will file for divorce – you or your spouse. In the case of many couples, this is a non-issue (particularly in ‘no-fault’ cases) and in some others, both the spouses are dying to do this.

Step 5: If you have children, you will need to file the temporary custody and support applications now.

Step 6: You must ensure that there is some proof that the papers of divorce reached your spouse or the lawyer representing him/her. Keep in mind that you must serve the papers with dignity in a private place, and not somewhere in public like their place of work.

It often becomes possible to sit with your spouse and do the necessary paperwork. A visit to the local court is mandatory for you to know what documents are required for filing, and also to get the forms that need to be filled out. If you have legal help, then that person can do all this for you.

Preparing to File for Divorce

Having decided that you and your spouse will end the marital relationship, it is now time to know the regulations and prepare yourself. This involves a lot of paperwork as well. First, you will want to ensure that you are in possession of all business as well as personal paperwork before making the filing.

Are you jointly holding any properties, like the house? If so, then you must have the mortgage contract or the deed. Do you together have any debt? You must have records of this too. You will want to have records from the checking account, paperwork for retirement plans, and everything else that may be important. It might be a good idea to create one single file where you will keep all this paperwork.

Next, you must have some idea about how everything should be split. At the time of filing for divorce, a divorce decree must specifically mention any material possessions, otherwise your legal standing will not be solid in case a dispute arises. It is also necessary that you determine issues such as alimony, child support and custody.

The cost involved in divorce filings is in most cases not more than $100. It is possible to file with no attorney, but it is advisable that you at least ask for some advice before going ahead. This person will help you in explaining the filing process and how the divorce can best serve your purpose. Of course they can also help in the paperwork.

Property Distribution and Divorce

The court considers all the relevant circumstances related to both you and your spouse, and then decides which pattern or mode of division of the property would be ‘justifiable’ and ‘fair’. Do keep in mind that ‘equitable’ division of property does not necessarily mean that it is divided equally between you and your spouse.

The court analyzes several interrelated factors, which are of immediate importance to the way in which the property items are to be distributed between you and your estranged partner. These include the duration of your married life, the contributions made by either of you to the assets under consideration, as well as to your marriage as a whole, the age and health conditions of the two of you and your respective potential earning capabilities in the future.

The implications of taxes on the properties, as well as pension-related economic issues are also associated in post-divorce asset-distribution issues by the Minnesota divorce court.

Alimony, Child Custody and Divorce

Alimony arrangement is another issue that is looked into closely by the court. The alimony might be required to be paid by you (or received from your partner, as the case might be) on a temporary or on a long-standing basis. Not all cases of divorce require such arrangements of alimony. The court’s ruling on this issue is considered to be binding.

If you and your wife/husband happen to have a child of minor age, his/her custodial matters are sure to be determined by the court. The court wants to make sure that the emotional upheaval (as a result of your divorce) that the child experiences is kept at the minimum possible level. The two of you have the option of either mutually agreeing about the custody, or accept the decisions of the court regarding this. The current financial status of you and your spouse are also analyzed. No matter who is granted custody, both of you should be awarded with the right of visiting your child.