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The basics of filing for divorce in Minnesota

On Behalf of | Jul 14, 2020 | Firm News

Filing for divorce can seem daunting, but perhaps, it can seem less so when one understands the basics in our state. First, our state does not call divorce, divorce. Instead, the term here is, “Dissolution of Marriage.” Regardless of the name though, it is still the legal process that dissolves the marriage.

The first question one should ask themselves is whether they can file for divorce in Minnesota. While there is no U.S. citizenship requirement to get divorced here, there is a residency requirement. This means that at least one of the spouse must have lived in the state for at least 180 days. For military members or spouses of military members, they can still qualify if the military member kept their Minnesota residency.

Next, if one qualifies to file for a divorce here, the next step is decided on which court forms are appropriate for the filer’s situation. Deciding on which forms are appropriate boils down to two issues: whether the spouses are working together and already agree, and whether there are children.

Filers can contact an attorney for help, or they can use the Minnesota Guide & File. This court system helps filers create the forms needed to start a divorce, but the court still recommends filers at least consult with an attorney at some point in the process to ensure that their rights are protected.

Finally, once the appropriate forms are selected and correctly filled out, the final step to initiating a divorce is filing with the court. This is done by filing the court forms with the county district court where at least one of the spouses is living.