Best Divorce Lawyers Minneapolis, MN Of 2024 – Forbes Advisor – Technologist

The end of a marriage can be emotionally devastating for all parties involved. The most common reasons for divorce in the U.S. are incompatibility, infidelity, lack of family support, lack of intimacy, too much conflict and financial stress, a Forbes survey found. Depending on the level of conflict between the couple, obtaining a divorce in Minnesota can be a long legal process. It can also be expensive.

Another Forbes survey found that as of 2024, the average cost of a divorce in the U.S. is $7,567, and Americans, on average, spend 7% of their annual income to get a divorce. Minnesota, where the median divorce cost is $6,952.04, is the 34th most expensive state. Minnesotans spend 5.84% of their household incomes to legally part ways with their spouse.

The following is a guide to the legal ins and outs of ending a marriage in Minnesota.

Minnesota Divorce Requirements

In Minnesota, a divorce is known as a “dissolution of marriage.” To get divorced in Minnesota:

  1. at least one spouse must be living in Minnesota for a minimum of 180 days, or one of the spouses must be a member of the armed forces who kept their Minnesota residency and
  2. court forms must be filed with the district court in the county where one of the spouses lives.

Minnesota does not require spouses to be U.S. citizens to get a divorce in the state. An attorney is also not necessary to file for divorce, but anyone representing themselves is expected to know the law and all procedures.

Types of Divorce and Separation in Minnesota

There are several ways to end a marriage in Minnesota.

  • Divorce. Minnesota is a no-fault divorce state, which means the filing spouse does not have to prove the other spouse did something wrong. The filing spouse simply needs to say there is an irretrievable breakdown of the marriage. A no-fault divorce also means that the court will not factor in why the marriage broke down—for example, adultery— when deciding legal issues such as custody and property division. The filing spouse can also be granted a divorce even if the other spouse does not want one.
  • Separation. A couple can separate by living apart. No court paperwork needs to be filed to separate, but custody and financial issues may arise, so couples who decide to live apart should consult a lawyer or mediator if an informal agreement is not possible. You do not have to be physically separated before you file for divorce.
  • Legal separation. Minnesota couples can also opt for a legal separation, which requires filing a petition in a district court. A legal separation is similar to a divorce in that the same issues may be involved, including custody, child support and spousal maintenance. However, legally separated parties are still married and need to go through the court process to get divorced.
  • Annulment. An annulment ends a marriage through a court process that treats the marriage as if it never happened. A religious annulment is granted by a church, but it does not affect the legality of a marriage. Under Minnesota law, a marriage may be legally annulled if, at the time of the ceremony:
    1. one spouse could not voluntarily consent to the marriage due to mental illness, insanity or mental incapacity, and the other spouse did not know about the mental illness, insanity or mental incapacity; or
    2. one person was under the influence of alcohol, drugs or another incapacitating substance; or
      fraud or force was used to obtain consent; or
    3. one spouse could not consummate the marriage with sexual intercourse, and the other spouse did not know this when they got married; or
    4. one spouse was under the age of 18 and did not have the consent of a parent, guardian or court.

Child Custody, Support and Visitation in Minnesota

Divorcing parents with minor children must reach an agreement—on their own or with the help of a mediator and/or attorneys—about physical custody, child support and visitation. Issues that generally need to be addressed include:

  • how physical custody will be divided between the parents and visitation allotted
  • how decisions affecting the children will be made, including where they will attend school and what medical care they receive
  • where the parents and children will live
  • when and how much child support will be paid

The Minnesota Child Support Division offers a Child Support Guidelines Calculator to estimate the amount of child support a court may order. It is intended for informational purposes; the court retains final authority to determine the amount of child support to be awarded. In addition, divorcing parents in Minnesota who disagree about custody or parenting time must take a parenting education class.

Property Division in Minnesota

Minnesota is an equitable distribution state. That means the judge distributes marital property based on what is fair but not necessarily in an equal manner. Sometimes that means each spouse gets 50% of the marital property or assets but more often, the division of such property and assets favors one spouse over another, depending on the situation.

Marital property is all property and assets acquired by the couple during the marriage. This can include cars; personal property such as furniture, electronics, and clothes; stocks, money in bank accounts and retirement accounts and houses and land, known as real property. Both spouses have a right to the marital property, regardless of who purchased it or whose name is on the title.

Nonmarital property is property owned by a spouse before the marriage and is kept by that spouse after the divorce. However, nonmarital property may also include a gift or inheritance one spouse receives during marriage.

However, the issue of marital vs. nonmarital property isn’t always so simple. In Minnesota, if the nonmarital property appreciates in value during the marriage, that increase can be subject to equitable division if the nonowner spouse contributed to its upkeep or value (such as by making mortgage payments or doing renovations on a home). Further, under Minnesota law, a judge can “invade” up to half of a spouse’s nonmarital property and give it to the other spouse if the judge believes that an unfair hardship to the other spouse would otherwise exist.

In addition, spousal maintenance, also known as alimony, may be awarded to support a former spouse in need due to a disability, being out of the workforce to raise children or if there’s a large difference between incomes.

Filing and Serving Your Divorce Papers

In Minnesota, parties can access the appropriate forms to file for divorce through Minnesota Guide & File, which helps the filing party decide which type of form they need, depending on their circumstances. These types include:

  • contested divorce with minor children
  • contested divorce without minor children
  • joint divorce with minor children and agreement on all issues
  • joint divorce without children and agreement on all issues

Minnesota law provides for summary dissolution, a streamlined divorce process that can be followed if the couple:

  • is filing for divorce together.
  • has no minor children born or adopted during the marriage, and neither spouse is pregnant.
  • is married less than eight years.
  • owns no real estate.
  • has total debts under $8,000.
  • has marital assets totaling less than $25,000, and neither has separate assets worth more than $25,000 total.
  • has no incidences of domestic abuse.
  • does not wish to divide retirement assets in the divorce.
  • does not have a business to divide in the divorce.
  • does not seek spousal maintenance.

Minnesota also offers two programs for divorcing parties, Early Case Management (ECM) and Early Neutral Evaluation (ENE), to help resolve disputed issues quickly and effectively. In ECM, a judicial officer uses early, aggressive case management to encourage represented and unrepresented parties to focus on resolving and narrowing their contested issues. ENE is a voluntary evaluation process in which an experienced attorney or former judge offers feedback on the likely outcome of the case, which can lead to a fast settlement.

Except in a summary dissolution case, the spouse filing for divorce must have the paperwork hand-delivered to the spouse party via a third party, which is known as personal service. However, if the filing party does not know where their spouse is or how to contact them, the filer can submit a request for service by alternate means to the judge.

The judge can order that the divorce papers be mailed to the spouse’s last known address or to another address where they will likely reach the spouse, such as a relative’s home. The judge could also order
that the divorce summons be published in a local newspaper, with the filer paying the publishing cost.

Finalizing Your Divorce

After all contested issues have been resolved between the divorcing couple, either through a negotiated settlement or a court trial, a judge will sign the divorce decree, which outlines the terms of the divorce. Terms include details about the court proceedings, division of property and child custody and support, if applicable. If a spouse is changing their last name after the divorce, a court order for the name change is included.

There is no waiting period for a divorce to be finalized in Minnesota; it’s considered final once the court administrators file the divorce decree.

Add a Comment

Your email address will not be published. Required fields are marked *