Minnesota is a “no fault” state, which means that the specific reasons a couple decides to end the marriage is irrelevant to the court in whether to grant a divorce. The only requirement to get a divorce is that one spouse believes there is “an irretrievable breakdown of the marriage.”
In Minnesota the parties must have resided in or domiciled in the state or have been a member of the armed services stationed in Minnesota for not less than 180 days immediately preceeding the commencement of the action.
The process begins by serving a Summons and Petition on the spouse. This simply lets your spouse know that you are requesting a divorce and what you will be asking the court to decide regarding custody of children, division of assets and debts, child support and spousal support among other things. Some common questions are:
Can my spouse prevent me from obtaining a divorce?
No. If one person feels there is no possibility of saving the marriage relationship then the divorce will proceed even if the other spouse does not want the marriage to end. Minnesota is a “no-fault” state which means that bad behavior (excluding domestic or child abuse) by one spouse has no impact on whether the divorce is granted, spousal support, child support, custody or parenting time or property division
How long will the divorce take to complete?
The length of time to finalize a divorce can run the spectrum of a couple months to a year or more. Each client’s case is unique. The laws are complex. Perusse Family Law & Mediation Services has the experience to assess your individual circumstances and develop a plan of action that will achieve your goals. We have creative solutions. It doesn’t have to be ugly.
How much will it cost?
A divorce case can be fairly straightforward and it is least costly when there is cooperation and compromise. The more complicated the assets and incomes or the more conflict there is regarding children or division of property, the more expensive legal fees will be. We have reasonable rates and offer flat fee divorce and unbundled legal services as options for clients.
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