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Home | Family Law | Divorce

Minnesota Divorce

A Minnesota divorce, or dissolution of marriage, can be filed in Minnesota by either spouse to end the marital relationship. Upon completion of a Minnesota divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Minnesota divorce without the expense of an attorney.

Types of Divorce in Minnesota

Uncontested Divorce in Minnesota

If both parties, by petition or otherwise, have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court will make a finding that the marriage is irretrievably broken after a hearing. General requirements of an uncontested divorce:

  1. There must not be any minor children of the marriage and the parties have entered into a written stipulation, or the Respondent spouse has not appeared after service was duly made and proved by affidavit and at least 20 days have elapsed since the time for answering expired (i.e. default divorce); or
  2. If there are minor children of the marriage, the parties have signed and acknowledged a stipulation, and all parties are represented by counsel.

Divorce by Default

If the Respondent spouse does not appear after service duly made and proved, the court may hear and determine the proceeding as a default matter.

Alternatives to Divorce in Minnesota

A legal separation is when the parties live separately but remain legally married to one another. A decree of legal separation shall be granted when the court finds that one or both parties need a legal separation.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. The person seeking the annulment has the burden of proving to the court that one of the conditions of nullity has been met in order to have the annulment approved. Annulments are most often sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion.

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