Divorce papers in Minnesota — filing for divorce in MN

Online divorce in Minnesota

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How to get divorce in Minnesota

The information below will help understand more about the divorce in Minnesota.

The common steps of how to get divorce in Minnesota:

1

The spouse can get a divorce in Minnesota only if he or she were legally married.

2

At least one partner should be a legal resident of the USA and live in the Minnesota for at least 6 month.

3

The spouse must sign a divorce agreement. In this document the spouse need to state all the necessary aspects about the division of the property and children.

4

The spouse need to fill out and sign all the necessary Minnesota divorce documents.

 

Residency:

Talking about residency we need to emphasise that in order to divorce in Minnesota the spouse 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 the spouse want to divorce in Minnesota he or she does 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 the spouse do not need to prove that he or she is not guilty and hir or her partner is guilty of the broken relationship.

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Annulment of the marriage in Minnesota

If the spouse do not want to get a divorce in Minnesota due to some of his or her religious believes or some other life principals, he or she can get an annulment of your marriage.

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

 

There are a few reasons why the spouse can ask Minnesota court to annul the marriage:

  • First ground for annulment can be the 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 the spouse were forced into marriage, there was some fraud or the spouse were intoxicated by drugs or alcohol, the interested person have to file for annulment no later than 90 days after the petitioner learned about the problem.
  • 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.

If the child is less than 18 years old and financially depended, the spouse can receive a child support. The responsible for child support in Minnesota is MDHS ( Minnesota’s Department of Human Resources).

The spouse can apply for a child support services with the local child support office, it all depends on the 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 the spouses gained in the marriage is considered as a common property, at the same time all the debts they gained in the marriage are common debts.

In order to divide theproperty more fairly and to get after marriage what the spouse really wants or needs most of the attorneys advise to sign a Divorce Agreement. 

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

Divorce without a lawyer in Minnesota

If the spouse applies for a divorce in Minnesota, then there is no need to use the services of a lawyer. Depending on which county the spouses live, the process of divorce in the state of Minnesota can vary.

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Divorce forms in Minnesota

The spouse may need to fill such 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.

Uncontested divorce in Minnesota

Uncontested divorce in Minnesota

The main difference of contested and uncontested divorce is that in first case the spouse needs a lawyer, while in the second one he or she do not need it.

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Filing fees for divorce in Minnesota

Usually the amount of filling may vary. It depends on Minnesota court filing fees.