Steps and Requirements for Obtaining the Legal Separation in Minnesota

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According to the statute of Minnesota, legal separation is defined as “a court determination of the rights and responsibilities of a husband and a wife arising out of a marital relationship”. Thus it can be said that legal separation in Minnesota is a significant change in the status of the couple. The couple becomes legally separated and remain technically married, that is, only for the name sake.

Trivia and Requirements for Legal Separation in Minnesota:

There are few requirements to obtain legal separation in the state of Minnesota. These are given by the statute of Minnesota and should be fulfilled. These requirements are as follows:

• Either of the spouses should be the resident of Minnesota for at least 180 days prior to the date of filing the petition.
• The couple should sign the separation agreement in order to resolve the marital issues and protect their individual as well as marital assets until they get a divorce.
• Legal separation is not a pre-requisite for a divorce in the state of Minnesota.
• The option of reconciliation always remains open for the legally separated couple in the state of Minnesota.
• There are no grounds necessary for obtaining legal separation in Minnesota as it is a no-fault divorce state.
• The process of legal separation in Minnesota is similar to the divorce process.
• The cost of the process of legal separation in Minnesota is almost similar to the cost of divorce suit.
• The couple remains technically married even after the legal separation is granted.
• They cannot remarry unless they get a divorce and thus have to file for a divorce case all over again.
• A separation agreement needs to be signed by both the parties in order to resolve marital issues which is approved by the court.

Steps for Legal Separation in Minnesota:

The process of legal separation in Minnesota is similar to the divorce process, as mentioned above. There are few steps to obtain the legal separation in the state of Minnesota. These steps are as follows:

• Filing the Petition – The first step to obtain the legal separation in the state of Minnesota is to file the petition in the local county court. The forms are available on the official website of the concerned state and they are given according to the county. One can download these forms from the website, fill them and submit them to the local court with a petition to grant the legal separation.
• Serving the Summons – After the petition is filed in the local court, the court sends the summons to the other spouse to respond to the petition and attend a hearing on a certain date. These papers are served by the court, but it s better option to hire an attorney so that he / she can guide you well through the process of filing for legal separation.
• Receiving the Response – The other spouse can respond with an acceptance to legal separation or he / she can counter-file for divorce. In such cases, the court shifts the legal separation lawsuit to the divorce and the advises the couple to go for divorce instead of legal separation.
• Signing the Separation Agreement – If the respondent gives a nod to legal separation, the court asks the couple to reach a settlement and sign a separation agreement which resolves all the marital issues such as child custody, visitation and support, alimony, division of property, assets, debts and responsibilities. The agreement is signed by both the parties and approved by the couple. If the couple has a conflict regarding the settlement, the court issues directions on these issues and they are legally binding for both the parties.
• Final Verdict – After the separation agreement is signed and all the issues are resolved, the court grants a court decree or order declaring that the couple is legally separated and henceforth, the property achieved by them will be considered as an individual property. The couple will lead separate lives but they are technically married and cannot remarry unless they get a divorce.

As mentioned above, a separation agreement has to be signed by both the parties if they want to obtain legal separation in Minnesota. The couple reaches a mutual settlement regarding the marital issues such as childcare, financial provisions, health care, support, division of property etc. For instance, the issues regarding the childcare include the custody of the child, provision for their education, providing them with the standard of life they enjoyed prior to the separation etc. The health care issues include the extraordinary medical expenses or providing medical care in light of a life-threatening disease. Thus, all the issues should be considered and negotiated accordingly.

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