Uncontested Divorce in Minnesota

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Various studies reveal that the number of divorces in the US is increasing. Almost half of the marriages in the nation end in divorces. A considerable number of cases are filed in Minnesota in the Midwestern United States. The divorce rate in this state is 3.1 per 1000 population. Minnesota has provisions for contested and uncontested processes. A divorce is a sensitive topic that has long term effects on the life of the separating partners. However, the process can be smoothened if the partners reach to a consensus regarding the crucial issues and opt for an uncontested case. After this process, they can enjoy good relations with each other. That is why many separating spouses choose uncontested divorce in Minnesota so that they can avoid the painful, wrenching experience of a contested process.

In order to know about the legal formalities and procedures involved in an uncontested case as specified by the Minnesota state laws, you should read the following points that provide an overview of the whole process.

Some facts regarding Uncontested Divorce in Minnesota

  • Petitioner is the separating partner filing for the action.
  • Respondent is the separating partner responding to the action.
  • The venue for filing the action is the District Court.
  • A separating partner must have resided in this state for minimum 180 days before initiating the action.
  • Usually, the filing of the case takes place in the county in which either divorcing partner resides.
  • As this is a no-fault state, the singular ground for divorce is "irrevocable breakdown." This can be demonstrated in 2 ways:
    • If the partners stay apart and remain separated for a period of 180 days.
    • Grave marital discord due to which the attitude of one or both spouses towards the marriage got affected.

Forms related to Uncontested Divorce in Minnesota

When you are going for such a divorce, you must complete these 6 forms:

  • The Petition for the Dissolution of Marriage: This form states the facts related to the divorce and mentions the assistance or relief sought. This form is inclusive of an Answer where the Respondent accedes to or disagrees with the allegations made in the Petition. Couples with and without children are furnished dedicated forms.

  • The Summons: This form serves the following 2 purposes:
    • It informs the Respondent that it is essential to respond to the Petition within 30 days.
    • It mentions that there are temporary restraining provisions that do not permit the following:
      • To urge the partners to search alternative dispute resolution
      • Require continuity of insurance
      • Harassment
      • Disposal of assets

The Respondent is served with the Petition and the Summons. When this initial service is completed, the divorcing parties may serve documents to each other by mail. In such a case, personal service is not needed. It is mandatory that every document should be along with an Affidavit of Service by Mail. It is to be noted that when a document is served by mail, a period of three days is appended to any deadline in the forms.

The remaining four forms are as mentioned below:

  • Parenting Plan: If minor children are involved in the divorce, this form is used to establish the visitation schedule and terms of custody. This form is called as part Judgment and Decree.
  • Findings of Fact, Conclusions of Law, Order of Judgment, Judgment and Decree: The Conclusions of Law comprise of the obligations of the divorcing spouses which is related to the dissolution of marriage. These Conclusions are endorsed by the Findings of Fact.
  • The Waiver of Counsel: The Respondent as well as the Petitioner signs this form. By doing so, both accede to waive the right of counsel.
  • The Marital Termination Agreement: The terms and conditions of the dissolution are mentioned in this form. It includes the following points:
    • Visitation
    • Child support
    • Spousal support
    • Distribution of liabilities and assets

This information is a summary of the uncontested divorce process in Minnesota. Remember whenever you are considering to get separated from your partner and take major decisions, you should think logically without ignoring the interest of your partner. This way you can avoid creating conflict of interests and the case will not turn out to be an intolerable experience.

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