All things end, even marriages. When things no longer work between you and your soon-to-be ex-partner, you can file for a divorce.
Aside from legally ending your marriage, divorce involves negotiations and discussions over child custody, spousal maintenance and division of property. Looking at this on face value is overwhelming, which could prevent you from proceeding. With that said, understanding the basics of filing for a divorce could help you prepare for the process.
Legal requirements for divorce
To begin filing for divorce in Minnesota, you must first meet either of the following residency requirements:
- You or your spouse must be living in Minnesota for at least 180 days before filing.
- If you or your spouse is a member of the armed forces, that person must have lived in the state for at least 180 days before filing.
If you have satisfied one of these requirements, remember to submit court forms to the district court in the county where either you or your spouse is residing.
Reason for divorce
Minnesota allows no-fault divorces. This means that you can file for a divorce without needing to prove that your spouse did something wrong, such as adultery or incarceration.
The court will accept an irretrievable breakdown of the marriage as a valid reason to proceed, denoting that your marriage has no prospects of reconciliation.
Differences between contested and uncontested divorce
Depending on your current relationship with your spouse, understanding the differences between contested and uncontested divorce may smoothen the process:
- Uncontested divorce: Both spouses agree to the divorce and its terms.
- Contested divorce: You or your spouse disagrees on the divorce and/or its terms.
Contested divorces may require mediation or a court hearing, especially when discussions between you and your spouse worsen.
Division of property
Another important aspect of divorce is the inevitable division of property. Since Minnesota is an equitable division state, the court divides marital assets fairly but not always equally.
You and your spouse may discuss the divisions during settlement negotiations. However, if you cannot reach an agreement, court hearings could help determine the distribution.
Other considerations moving forward
While this overview on divorce may be short, the timeline for the real process is long. Depending on your case, you may have to wait for a few weeks to several years before reaching a final settlement.
If you are sure about filing for a divorce, it would be best to discuss the matter with your spouse. Working on this together could lighten the load and make way for an amicable end.