Minnesota No Fault Divorce

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A divorce process is no longer a lengthy process to provide a legal termination to a particular marriage. This is because no fault case is a type of divorce that ends in a lesser duration, and with lesser expenses that are involved with legal formalities. At the same time, this legal process is only taken place after fulfillment of some definite criteria such as, suitable divorce grounds and residency proof shown by either of two divorcing partners. Similarly, even Minnesota no fault case covers some relevant formalities to be fulfilled by the concerned divorcing parties. As there is no separation phase of definite period required by the court, this is one of the crucial advantage associated with Minnesota no fault case. The divorcing individuals getting separation in Minnesota are usually free of so many legal formalities, and can obtain their permission without any delay.

In this state, it is possible to obtain a no fault divorce within thirty days from the date on which the petition is filed. Such a quick procedure of separation is quite possible in the following two cases.

  • Minor children are not involved in the marriage
  • If there are minor children, then the parents have developed a written agreement regarding the parenting plan. Moreover, a local counsel should help the divorcing partners in drafting the parenting plan

If such a circumstance arises that thirty days have elapsed since the petition has been filed and the defendant has failed to appear in the court, still the divorce may be granted.

Grounds of Minnesota no fault divorce

In case of no fault case, the only ground that is considered is the irretrievable broken state of the marriage. This situation may result due to incompatibility of temperament or irreconcilable differences between the spouses. At the same time, relevant legal papers are supposed to be filled as per the demands of the case.

Residency requirements of Minnesota no fault divorce

Either of two divorcing partners must have resided in this state for at least a period of 180 days, immediately before the filing date of legal papers. The court in the county where the divorcing partner resides in this state can be chosen as the venue for filing the legal papers. When there are no minor children involved in the marriage, then the divorcing couples may file a joint petition for the case.

Procedure for Minnesota no fault divorce

A definite procedure is to be followed while filing no fault divorce in Minnesota. Some of the main steps performed during such legal process are:

  • First of all, either of two partners must prepare a petition or summon file which is to be presented before the court. The petition or summon should only highlight the condition where dissolution of marriage is requested.
  • The petition paper must include all essential information such as, complete name of the divorcing spouses, number of children, separate or marital property details, source of income of both the parties, debts etc. This is important because the final approval given by the court greatly depends upon these factors associated with the divorcing partners.
  • Some crucial documents such as, financial affidavits should be submitted while filing the petition.
  • After the petition is filed by either of two spouses, it is essential that the respondent should be served with the summon paper, and this particular service can be performed with the help of third party. The third party can be a reliable friend, family member or any professional such as attorney.
  • The district court should be well informed with all legal proceedings related to your no fault case. The respondent is further responsible to file his or her answer in response to the summon paper served to them. They are expected to respond within the waiting period that is decided by the Minnesota court.
  • On the other hand, if the respondent disagrees with the conditions which is filed by the petitioner, then the opponent party is allowed to appeal for reconsideration on all marital matters.
  • If both the spouses agree with all statements mentioned on their agreement paper, then they can prepare a written stipulation and ask for a final divorce decree.
  • The divorcing partners may also file for temporary relief or orders on some important issues such as, child custody, child or alimony support etc., especially when process is in progressive state.

Minnesota no fault divorce is almost similar to every other no fault case that are occurring in other states in the US. However, the only exceptional condition is that no specific separation period is required to be fulfilled by the divorcing parties.

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