The divorce process is different depending on the state where you live. Minnesota has what is known as a “no-fault divorce law”, which means that the court does not take into consideration the reasons why you are divorcing your spouse. You do not need your spouse’s consent to file for divorce and the courts do not consider the reason you are divorce when deciding whether to grant the divorce. In order to get a divorce in our state, you simply have to have lived in the state for 180 days before the divorce proceedings begin and show that there is no hope for reconciliation. Another thing to remember when you are considering a divorce in Minnesota is that all property is considered marital/joint property, regardless of whose name is on the title.
In addition to these guidelines, here are a few other things you should know if you are considering getting divorced in Minnesota:
1. The court system actually encourages couples to try mediation: You may assume that you must go through the court system in order to get your divorce, but this is not the case. The court system is backed up and now encourages all couples to try an alternative dispute resolution technique (like mediation) before litigation.
2. Courts lean toward giving joint custody to couples who share children: If there are no extenuating circumstances like domestic violence or other abuse, Minnesota courts generally favor joint custody, as it is most often in the best interest of the child.
3. There is no specific time that a couple needs to be officially separated before an individual can file for divorce.
4. You are not required to have a lawyer represent you during the divorce process. If you elect to use mediation to settle the terms of your divorce, you can save time and money.
5. While you do have to live in Minnesota for 180 before you file for divorce, you do not have to stay in Minnesota for any specific length of time after your divorce is final.
Divorce Mediation In Minnesota
Johnson Mediation has helped many Minnesota couples settle the terms of their divorce using mediation. We believe that the divorce process can be completed without depleting your financial resources. Resolution is often more successful if the couple finds a way to compromise, collaborate and find solutions that work for their family. For more information about divorce in Minnesota, call us at 952-401-7599.
