Divorce papers in Minnesota — filing for divorce in MN

Online divorce in Minnesota

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How to get divorce in Minnesota

Online Divorce provides qualitative and approved by the court Minnesota divorce papers. The information below will help you understand more about the divorce in Minnesota. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Minnesota. We guarantee that in a short time you will receive the correct Minnesota divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get divorce in Minnesota:

1

You can get a divorce in Minnesota only if you were legally married. It is ok if your wedding ceremony took place in another state or even another country, you just need to have appropriate documents that will prove your marriage.

2

At least one partner should be a legal resident of the USA and live in the Minnesota for at least 6 month. It is ok if another is not a resident of the USA.

3

You must sing a divorce agreement. In this document you need to state all the necessary aspects about the division of your property and children.

4

You need to fill out and sign all the necessary Minnesota divorce documents. A lot of people do not like to fill the document as it is a very difficult process. Unfortunately filing divorce documents it is not an easy process too. First of all that is because people need to know what document exactly fits to their case and second it is because they need to fill them accurately and spend a lot of time for it. So if you do not want to spend your time filling all these divorce documents you can ask for our help.

Online Divorce is always ready to help you with:

  • choosing appropriate divorce form documents that correspond to your divorce case;
  • filling these documents out according to the rules of Minnesota;
  • saving your time for all the divorce issues;
  • saving your money you are going to spend for an attorney;

When you filled all your Minnesota divorce papers you can file them to the court. If the court accept the documents you need to wait until the day your hearing will take place.

Residency:

Talking about residency we need to emphasise that in order to divorce in Minnesota you need to have to be a resident of this state. Some people think that both of spouses need to be Minnesota residents, but this is not true.According to the law if one spouse is a resident of Minnesota and another is not, a couple may still file to the one of Minnesota courts. So at least one spouse need to live in the USA for at least 10 years and at least 6 months ( 180 days) in the Minnesota in order to file to local courts.

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Valid grounds to get divorce in Minnesota

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When you want to divorce in Minnesota you do not need to invent some valid grounds to get a divorce.

Minnesota has a very convenient law for divorce, because it has a ‘no-fault’ divorce law.

It means that you do not need to prove that you are not guilty and your partner is guilty of your broken relationship.

At the same time if you have some fault , this will not be considered against you in deciding division of property, custody of your child or children, etc.

In order to divorce in Minnesota all you need to do is to write in your Minnesota divorce papers that you consider your marriage irretrievably broken ( it means your relationship in marriage have no hope and you can not live together any longer). This is very good when both partners think the same and declare their relationship irretrievably broken, as a court will consider such case quicker and easier.On the other hand if just one spouse think this way the court will accept the petition, but will consider it a bit longer.

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Annulment of the marriage in Minnesota

If you do not want to get a divorce in Minnesota due to some of your religious believes or some other your life principals, you can get an annulment of your marriage. At the same type hand some people can have a wrong understanding of the annulment. There are two types of annulment: religious ( sometimes it is called civil) and legal annulment.

Religious annulment is usually given by a priest and does not change your marital status as it does not have juridical power.
On the other hand legal annulment make determination in your marital status.

The difference between divorce and annulment is that in first case the marriage is over, while in the other case the marriage has never existed.
But not everyone file for annulment of the marriage, because it is not as easy to prove the absence of a legal marriage as you may think for the first time.

There are a few reasons why you can ask Minnesota court to annul your marriage:

  • First ground for annulment can be your age. If both or one partner have not reached 18 years old their marriage may be annulled. ( exception can be a case when parents sign for their children).
  • The second ground can be considered a marriage under intoxication ( when one or both partners were under alcohol, drug or any other substance influence during the wedding ceremony/ signing marriage documents).
  • When one or both spouses have already been married entering this marriage.
  • When a partner was forced to enter the marriage and did not want to do it according to his/her will. But when a person who was forced agreed to live together with his partner,this may not be considered a reason for annulment.
  • When there was a fact of fraud. ( One partner lied about some important things about his/her life, health, pregnancy, etc).
  • When partners found out they are very close relatives such as brother, sister, father, mother, aunt, uncle, etc or they are relatives by adoption. ( Same same marriages are prohibited in Minnesota according to the law that was added 1st of July, 2013).
  • When a person can’t sexually satisfy his/her partner due to the impotence or any other lacks of physical ability.

Annulment deadlines

This is very important to know about annulment deadlines as sometimes people want to apply for annulment, but it is too late and the judge is not accepting the petition. In this case a person can’t file for annulment and has to apply for a divorce in Minnesota.

  • If you were forced into marriage, there was some fraud or you were intoxicated by drugs or alcohol, you to have to file for annulment no later than 90 days after the petitioner learned about the problem. When a person with mental incapacity was forced into marriage a legal representative can file for annulment.
  • When partners married at the age 16 or 17 (underage) their parents or guardian may file for annulment, but no later that the moment the married partners/partner will reach their legal age.
  • In a case of impotence or other physical disability of one spouse, the second party may file for annulment no later than one year after he/she found out the problem.
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Custody of the child in Minnesota

Custody of the child

In Minnesota custody of a child is considered according to the child interests. That is why the court usually base its decision on the following factors:

  • Child wishes.
  • Relationship between a child and parents.
  • Who mostly cares about child.
  • Mental and physical health of the parents.
  • Parent’s ability to raise a child.
  • Mental and physical health of a child.
  • Living conditions of a child at the present/future.
  • Financial situation of a parent.
  • Parents working schedule.
  • Child connection between his/her relatives such as brother and sisters, aunts, uncles, grandmothers and grandfathers and other relatives that have an important place in a child’s life.
  • What school the child will attend.
  • Whether a parent has an alcohol, drug or any other addictions.
  • Whether a parent had any addictions in the past.
  • Whether a parent was involved in child abuse.
  • Whether a parent was involved in any kind of a domestic violence.
  • Whether a person who currently lives with a parent has any addictions or has this person committed any crime.
  • Any other important factors that may influence child’s life.

Rules for child support in Minnesota

This is a well known fact that this is not easy to raise a child and it requires time, money, physical and mental health. But still some partners refuses to pay child support and leave other party no choice than just to file for a child support for the local courts.

According to the Minnesota laws every child has a right for financial and moral support from his/her parents. When parents are divorced or legally separated ( or their marriage has been annulled) the child receives an amount of money each month paid by one parent, which is called child support.

Every minor child should receive a child support. If your child is less than 18 years old and financially depended you can receive a child support. The responsible for child support in Minnesota is MDHS ( Minnesota’s Department of Human Resources).

You can apply for a child support services with your local child support office, it all depends on your life circumstances.

Minnesota’s DHL has possibility to:

  • Collect child support payments.
  • Wnforce child support orders.
  • Enforce child’s health insurance.
  • Locate the other parent.
  • Change the court ordered support amount.

Child support calculation

First of all we should emphasise that in Minnesota has a fairly complex guideline for child support calculation. According to this guideline there is a common income of both parents and there is each parent income. From this individual parent income will be calculated the amount of money the person should spend each month for a child support.

Here is a calculation of a child support

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 or more children

34% of income

Sometimes parents refuse to pay child support due to some circumstances. But the child still needs some food to eat and clothes to wear. In this case according to the Minnesota law local attorneys must help a parent who has a custody to enforce a second parent to pay a support for his/her child.

There are different methods how to enforce a parent to pay a child support:

  • Tax refunds interception.
  • Seizing property.
  • Wage attachments.
  • Revoking of paying parent’s driving licence.
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Rules for spousal support in Minnesota

Rules for spousal support

Nowadays most of spouses keep working after divorce and it is ok if both, husband and wife, make the same amount of money or a wife can have more income than a husband and it is ok.

But there are situations when one spouse devoted most of her time to children and could not get any college degree or promote because of her tight schedule ( he/she worked less and picked up kids from school). On the other hands another spouse managed to finish his/her education and to obtain a good position while the other supported him/her and babyseat their children. In such case one spouse need to receive a spousal support.

When you divorce in Minnesota you can apply for a spouse support if you feel a need in this. This should be written in your divorce form documents.

There are a few factor that will be taken into consideration while deciding a spousal support amount:

  • How was the property divided between two of you.
  • Income of each party.
  • Separate assets of each party ( bank accounts, houses, cars, etc).
  • how many ears the partners were legally married.
  • Health of each partner.
  • age of each partner.
  • Ability to earn money.
  • whether partners have some dependent children or disabled children that can’t take care of themself.

Property division in Minnesota

Property division

According to the legislative base of the state of Minnesota, all the property you gained in your marriage is considered as a common property, at the same time all the debts you gained in your marriage are your common debts.

In order to divide your property more fairly and to get after marriage what you really want or need most of the attorneys advise to sign a Divorce Agreement. This is a document where you and your spouse seat and decide what will belong to one party after divorce and what will belong to the other party. You can file this document with your Minnesota divorce papers. Usually parties discuss such important stuff as houses, cars, bank accounts, retirement programs, child or children custody. When you both have already reached an agreement you need to sign this document in the presence of an attorney. The advantage of such document is that the court will consider your petition and you more likely receive what you want. Otherwise the judge will decide everything for you and you will not have opportunity to influence his/her decision.

According to the law when you divorce in Minnesota, whether you have fault or not, it does not have any affect on a court decision.

Non-marital assets

Non-marital assets these are things or money that stays with a person after divorce, the court should not divide them between two parties. Such things can be:

  • Assets you gained before your marriage.
  • Inheritance from your parents, grandparents and any other relatives.
  • Personal gifts.
  • Prenuptial exclusions.
  • Personal injury proceeds.

Divorce without a lawyer in Minnesota

If you apply for a divorce in Minnesota, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Minnesota can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Divorce forms in Minnesota

As we have mentioned earlier it is very important to choose a proper Minnesota divorce papers in order to be accepted in the local court. You need to fill some of the divorce form documents like Petition for Dissolution with or without children, Admission of service, Notice to County Support and Collections, Notice of Intent to proceed the Judgement, Affidavit of default, Summons. All of these documents require an accurate consideration as this is the beginning of the divorce process. It can be difficult to find time to fill all this documents and print them and file them to the court. That is why we are always ready to help you to manage all these difficult tasks.

Online divorce can do all the dirty work for you such as:

  • Choosing the appropriate divorce form documents that you really need to file to the court;
  • Filling all the document correctly;
  • Answering all your easy and difficult question about divorce in Minnesota;

Uncontested divorce in Minnesota

Uncontested divorce in Minnesota

The main difference of contested and uncontested divorce is that in first case you need a lawyer, while in the second one you do not need it at all.

So when you can reach an agreement with your partner this is very good, because uncontested divorce requires less time and money. You need to sign the documents and and make the judge sure that this is a common decision in order to get a smooth and easy divorce in Minnesota.

The length of the divorce usually vary, usually it is 30-90 days, but sometimes it takes longer if the documents were not accepted from the first time or you and your spouse can’t reach an agreement and the judge has to do a lot of work by himself such as division of your property.

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Filing fees for divorce in Minnesota

Usually the amount of filling may vary. It depends on Minnesota court filing fees. That is why the best way is to check it by yourself by visiting your local court officer. So the total amount will include the Minnesota court filing fee and the cost of using the service of online divorce in Minnesota.

Advice for people who want to get a divorce

According to the statistic every second couple in the USA ends up with a divorce. It is always very difficult for all family members, husbands, wives, couple’s parents and especially for children.

Sometimes you may feel like you are going this way alone and it can become even more difficult.

But you are not alone. Online Divorce is always there for you to make your divorce process run smoothly and easy. We know not only know how to fill all your forms correctly, but we also will answer all your most difficult and personal concerns about your divorce. We us you can always feel secure and protected. We have already helped thousands of families to end successfully their marriages and we can do it for you too.