Getting a Divorce in Minnesota: A Comprehensive Guide to Minnesota Law
In Minnesota, divorce is referred to as dissolution of marriage. To obtain a divorce, one of the partners should have lived in Minnesota State or has been serving in the armed services in the state for a minimum of 180 days before he or she files for divorce. Also, if one of the spouses has a domicile in Minnesota State for about 180 days, they can file for divorce.
Filing for divorce
According to Kohlmeyer Hagen Law Office, a reputable law firm, the petitioner may file for divorce in the county where any of the spouses resides. In case neither of the parties lives in the state, and the jurisdiction is anchored on the domicile of either party, the court proceedings might be commenced in either county where either partner is domiciled.
In an instance where neither partner is domiciled or resides in the stated and jurisdiction is based on one of the spouses being a member in the armed forces based in Minnesota for a minimum of 180 days, the divorce proceeding may commence in the county where one of the spouses is stationed as a service member. Remember, these circumstances are complicated, and you may need the help of a qualified attorney to help you understand your legal options.
You, the petitioner, must serve the respondent with detailed summons and petition unless you and your partner opted for a joint petition. According to the law, the respondent has a maximum of 30 days to respond to the petition. In the instance of service by publication, the time frame (30-day limit) doesn’t start until the expiration of the period allocated for publication.
In a case involving counter-petition for marriage dissolution or legal separation, no response is needed. The original petitioner is believed to have denied each statement, claim, and allegation included in the counter-petition. Most legal experts advise that you should consult with an attorney who understands family law and other related laws.
Legal grounds for marriage dissolution in Minnesota
According to the Minnesota State law, dissolution of marriage should be granted by a district or county court once the court determines that there has been an irreparable breakdown in the marriage. In case one of the spouses has denied under oath that the marriage relationship is irretrievably damaged, the district or county court should consider all the relevant factors before making the final decision. These factors include the circumstances that contributed to the commencement of the proceeding and the possibility of reconciliation.
An argument that the marriage relationship is irretrievably broken should be supported by the right evidence that the spouses have lived apart and separate for a minimum of 180 days before filing for divorce. Also, if there is a severe marital discord that is adversely affecting the attitude of any of the spouses or both of the parties towards the marriage relationship, that could be seen as evidence that the marriage can’t be reconciled.