Online Divorce in Minnesota
For those seeking an inexpensive divorce in the state of Minnesota, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Minnesota.
Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though Minnesota has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.
If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.
Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in Minnesota is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.
Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Minnesota with the Onlinedivorce.com system can be a simple solution to a difficult situation.
Filing:
When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In Minnesota, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.
The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.
After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.
Residency:
Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. Minnesota is no exception.
At least one of the spouses must have been a resident of the state of Minnesota for a minimum of 180 days prior to filing for divorce. The divorce should be filed in the county where either of the spouses lives. [Minnesota Statutes Annotated; Chapters 518.07 and 518.09].
There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date Minnesota driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.
Custody of the child in Minnesota
Joint or sole custody is awarded based on what would be in the best interests of the child and upon consideration of these factors:
- Cultural background and preferences of a child;
- The preferences of the child if of sufficient age and maturity;
- The desires of the parents and a parenting plan if they worked together to create one;
- The child’s adjustment at home, school, and in the community;
- The health, both physical and psychological, of all individuals involved;
- Any history of domestic abuse;
- The child’s need for a relationship with both parents;
- Both parents’ willingness to perform parental obligations;
- The intention of either parent to move;
- Which of the parents is more likely to allow the child frequent and meaningful contact with the other parent; and
- The relationship of a child with family members.
Domestic violence against a child will prevent custody. No preference is to be given because of parent’s gender, age, or financial status, or the child’s age or gender. If both parents desire full custody of a child who is too young to express a preference, the “primary caretaker” is to be awarded custody. [Minnesota Statutes Annotated; Chapter 518.17 and Minnesota Case Law].
Property division in Minnesota
One of the most challenging aspects of deciding to dissolve a marriage is determining how property (including the family home, if applicable) will be distributed. When a couple divorces in Minnesota, they must distribute wealth in a fair, legally-mandated and agreeable manner. This can be a challenging proposition. When the couple can agree upon how to distribute property on their own, without involving the court, this leads to an uncontested divorce and speeds up matters making for a much smoother divorce.
Minnesota is considered an “equitable distribution” state. The court divides all of the couples’ property without regard to whether it was acquired before or after the marriage, except for any gifts and inheritances received before or during the marriage. A selection of the property can be set aside to create a fund for support, maintenance, and education of children of the union. With regards to property distribution in Minnesota, marital fault is not a factor. The following factors may be considered in the division of property within the state:
- The contribution that each spouse made to acquiring said marital property, including the input as a homemaker or in childcare;
- The value of property brought into the marriage;
- The contribution that a spouse made towards the education, training, or enhanced earning capacity of the other spouse;
- The duration of the marriage;
- The current age as well as the physical, mental and emotional wellness of the spouses;
- Any vocational skills of the spouses;
- The time and expense spent to acquire any skills and training to become self-sufficient;
- The federal and state tax consequences from the court’s division of the property;
- Any existing legally binding premarital or marital agreement;
- The current and future earning capacity of the two spouses, which may include education, training, skills, experience, and absence from the job market;
- Whether any property awarded is instead of, or in addition to, marital maintenance and the amount and length of any such award;
- The total financial circumstances of both spouses, including pensions, if applicable;
- The desire to award the family home to the spouse who has custody of the children;
- Custodial provisions for the children;
- The amount and length of maintenance payments; and
- Any other factor necessary to do equity and justice between the spouses. [Minnesota Statutes Annotated; Chapter 518.58].
When you begin the process of filling out your divorce questionnaire using OnlineDivorce.com, you’ll receive more information about property distribution and the steps you can take to make this process more comfortable and less likely to cause conflict between the divorcing spouses. As always, the goal is to have an uncontested divorce so that you can file online and avoid taking your case to court--saving you time, money and stress.
Filing fees for divorce in Minnesota
When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.
How long will it take?
The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.
Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.
