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Minnesota Divorce Laws
Minnesota Residency Requirements
No dissolution shall be granted unless (1) one of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or (2) one of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding. The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (Minnesota Statutes - Chapters: 518.07, 518.09)
Minnesota Divorce Grounds:
A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage. (Minnesota Statutes - Chapters: 518.06, 158.13)
Minnesota Property and Debt Division
If the parties can not come to an agreement on how their marital property is to be divided, the court shall base its findings on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party. The court shall also consider the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker. It shall be conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife. If there is a substantial change in value of an asset between the date of valuation and the final distribution, the court may adjust the valuation of that asset as necessary to effect an equitable distribution. (Minnesota Statutes - Chapters: 518.58)
Minnesota Spousal Support, Maintenance, or Alimony:
The maintenance order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including: (a) the financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party's ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (b) training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party's age and skills, of completing education or training and becoming fully or partially self-supporting; (c) the standard of living established during the marriage; (d) the duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished; (e) the loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance; (f) the age, and the physical and emotional condition of the spouse seeking maintenance; (g) the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and (h) the contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party's employment or business. (Minnesota Statutes - Chapters: 518.551, 518.552)
Minnesota Custody and Visitation:
If the parents can not agree on an appropriate custody arrangement, the court will examine what is in "the best interests of the child" by considering and evaluating the following factors: (1) the wishes of the child's parent or parents as to custody; (2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; (3) the child's primary caretaker; (4) the intimacy of the relationship between each parent and the child; (5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests; (6) the child's adjustment to home, school, and community; (7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (8) the permanence, as a family unit, of the existing or proposed custodial home; (9) the mental and physical health of all individuals involved; (10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; (11) the child's cultural background; (12) the effect on the child of the actions of an abuser; (13) except in cases in which a finding of domestic abuse, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child. (Minnesota Statutes - Chapters: 518.17)
Minnesota Child Support:
Unless a reasonable support amount is agreed to by the parents, the court shall set child support according to the child support guidelines and worksheet. The court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. In addition to the child support guidelines, the court shall take into consideration the following factors in setting or modifying child support or in determining whether to deviate from the guidelines: (1) all earnings, income, and resources of the parents, including real and personal property, but excluding income from excess employment of the obligor or obligee (2) the financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported; (3) the standard of living the child would have enjoyed had the marriage not been dissolved, but recognizing that the parents now have separate households; (4) which parent receives the income taxation dependency exemption and what financial benefit the parent receives from it; (5) the parents' debts; (6) the obligor's receipt of public assistance under the AFDC program. (Minnesota Statutes - Chapters: 518.551, 518.552)
Minnesota Common Questions
How Do I Know if I Should File in Minnesota?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Minnesota Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Minnesota?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Minnesota?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Minnesota?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Minnesota Divorce Forms
Minnesota Forms: Our question and answer technology will allow you to easily complete your Alaska divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Minnesota Divorce Forms List
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All Your Completed Minnesota Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
Easy to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
Unlimited Free E-mail and Phone Product Support
Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Minnesota. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you will complete and instantly print your divorce forms (including a marital settlement agreement), and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce, learn more about getting your Separation Agreement.
3StepDivorceTM is a premium online divorce solution provided by 3 Step Solutions, LLC, a sister company of Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
|A sister company of Divorce Source with over 500,000 forms processed since 1997.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
|Step-by-Step filing procedures (who, what, where & when)||Court approval or your money back (100% guaranteed).||Unlimited toll free phone and email product support.||Online Divorce Organizer & 40+ Self-Help Divorce eBooks||Free Online Negotiation Tool (just in case you can't agree!)|