Categories: Law

Family Law & Online Divorce in Minnesota

Divorce laws are tricky as they vary by state. So, when you’re looking to separate from your partner, there are several factors you must consider to ensure the process goes as seamlessly as possible. For those who live in Minnesota and are interested in filing for divorce, you first need to understand what the state considers reasonable grounds for divorce. To make the divorce process go as fast as possible, you’ll need to make sure that your divorce papers reflect an acceptable reason to continue with the dissolution of marriage.

In Minnesota, accepted reasons to submit a divorce include:

  • No prospect of reconciliation
  • Serious marital discord that severely impacts one of the spouse’s attitudes towards marriage
  • Living in separate spaces for a minimum of 180 days

If your marriage falls into any of the above situations, you may be able to legally file for a divorce and get a favorable decision from the court. The first step in the divorce process is to file your divorce papers within the county’s district court where one of the spouses is currently living.

The waiting period to get a divorce varies significantly from one situation to the next, depending upon a wide range of different factors. The couple getting a divorce must agree on several aspects of the proceeding before a judge can make a final decision on the case. Some of the most common factors that a couple seeking a divorce will have to agree on include the following:

  • Child custody
  • Spousal support
  • Property division
  • Alimony
  • And more

As you can see, there are many things to consider when filing for divorce. If you’re thinking about getting a divorce, you should never consider doing so without an attorney. A Lawyer will provide you with the legal knowledge needed to handle any inquiries sent by the court regarding your divorce.

A reputable lawyer will also be able to act as a petitioner on your part during the entire divorce process. Divorce proceedings cost money, so you should try to find an affordable lawyer which will enable you to balance all of your legal fees in addition to the filing fees required on your behalf when the divorce process starts.

Several different divorce outcomes are possible depending on the specific details of your filing. A no-fault divorce is a situation in which a court rules a divorce acceptable without finding wrongdoing on the part of either party involved. While a no-fault divorce is the most desirable option for most people, it can take a lot of time to settle a no-fault divorce. So, for this reason alone, you shouldn’t go into your divorce hearing with the expectation that it will be resolved with a no-fault decision. However, if you don’t mind waiting for some time and simply want to end your divorce amicably, then a no-fault divorce settlement may be something you should consider.

Keep in mind that Minnesota does not require you to hire a lawyer to get started with the divorce process. But, divorce proceedings can get very complicated, and without the right legal counsel, you may not get the desired outcome. If a traditional divorce seems too complicated or you simply don’t want to deal with the tedious process of going into a physical courtroom, there is a much easier option for you.

Minnesota allows its residents to have a DIY (do-it-yourself) divorce, which is a convenient and relatively hassle-free way to deal with your separation. A DIY divorce is a good option if you have an uncontested divorce because it can save you lots of money.  In an uncontested divorce, when both spouses agree on all terms of their divorce, the trickiest part becomes the paperwork. And for an affordable price, lots of online divorce sites are available to handle the paperwork for you.

The best part about filing for a divorce online is that the forms can be filled out easily without a lawyer’s help. Online divorce services including offer a convenient option for paperwork preparation, which is much cheaper than a lawyer’s services. But it is only applicable if the case is uncontested.

One of the biggest factors in any divorce settlement is dealing with property allocation. In Minnesota, spouses must list all of the real estate they own, even if owned before the marriage. A great thing you should also know about divorce in Minnesota is that your divorce settlement papers do not have to be notarized.

You also need to be aware that when filing for a divorce that involves multiple properties or a fight over who owns the rights to a specific property, there may be additional forms required. Not all forms are published or offered by the Minnesota Judicial Branch, so you’ll need to go online to find them.

Here is a list of all the various real estate forms you can find on the official Minnesota Dept. of Commerce website to help you process your divorce filing:

  • Quit Claim Deed
  • Liens
  • Contract for Deed Rights
  • Summary Real Estate Disposition Judgement

When you sign your Minnesota divorce papers, you’re signing under the penalty of perjury which holds you accountable to ensure that everything you stated is accurate and correct. If you choose to file for your divorce the traditional way, you can file your forms by either mailing them in or physically bringing the forms to the courthouse.

One of the most significant factors that can get in the way of couples getting divorced is the cost of filing fees. And the longer the divorce process is drawn out, the more expensive it can get. Another major factor that plays a role in the cost of your divorce filing fees is the county in which you file your papers. Every county in Minnesota has its set filing fees. You can go online and do some research to find out about the exact filing fees for the county closest to you. That way, you’ll have a clear idea of how much you can expect to pay when submitting your documents for divorce.

Another factor you need to consider when trying to get a divorce is the amount of time you’ll spend in court. The amount of time you spend in court largely depends on the scale of your divorce; some divorces have a smaller amount of factors to consider when compared to other divorces. For example, a couple with multiple properties involved in a divorce will likely go through a longer court process than a couple who only shares one home.

Your divorce filing fee is required at the time when you file your paperwork with the courts. If you’re a low-income couple or can’t pay the full filing fee yourself, you may request a fee waiver. If your fee waiver is approved, you will not be responsible for paying for your divorce filings as the courts will dismiss the charge.

For those Minnesota residents filing their divorce papers online, you can sign your filings electronically. To do so, all you need to use is an application that allows you to sign and fill PDF forms electronically. All Minnesota divorce filings that involve minor children must be accompanied by a statement that proves your financial income. You’ll also need to show proof of your financial income if you are requesting spousal maintenance along with your divorce filing.

Minnesota is a “no-fault” state which means that you do not need to prove your spouse’s guilt in court. This is great news for couples who are already struggling to get along with their spouses or simply can’t come to a logical agreement on whether or not divorce is the right option.

All divorce filings in the state of Minnesota begin with a Summons and Petition for Dissolution of Marriage. One of the last things you need to know in regards to getting a divorce in Minnesota is the factor of spousal maintenance. When trying to determine whether or not spousal maintenance will be awarded during your divorce hearing, you must consider the following factors:

  • Duration of your marriage
  • The standard of living established during the marriage
  • The financial status of the individual looking for maintenance
  • The physical condition, age, and emotional well-being of the person seeking spousal maintenance

These are all factors that play a key role in determining whether or not you’ll be granted spousal maintenance. Go online and look for resources to help you find out more information about the entire process involved with getting a divorce in Minnesota so that you can get through your marriage dissolution as hassle-free as possible.

Jhon Dareen

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