Minnesota Divorce Guidelines to File for a Divorce
Divorce Requirements for Minnesota Residents
To file for divorce or dissolution of marriage, as it is called in Minnesota, any of the parties must be a resident of the North Star State for 180 days. The Michigan residency requirement must be satisfied, otherwise the divorce complaint will not be processed.
Minnesota Grounds For Divorce
Minnesota has a No-Fault divorce law which doesn’t seek to blame one spouse for the demise of the marital union. When a spouse files for a divorce in Minnesota, he or she doesn’t need the permission of the other spouse.
The only one ground for divorce in Minnesota is the irretrievable breakdown of marriage. Under this circumstance, the couple must be living separate and apart for at least 180 days without cohabitation, where the couples have no intention of reconciling.
Child Custody Law in Minnesota
The court recognizes joint custody in the child’s best interest. Among others, the following factors are considered:
- Wishes of the child’s parents as to custody;
- Reasonable preference of the child if already of sufficient age to express preference;
- Interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child’s best interests;
- Child’s adjustment to home, school, and community;
- Length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; and
- Mental and physical health of all individuals involved.
Guidelines for Minnesota Child Support
Minnesota child support guidelines are based on official guidelines and on the income shares model for calculating child support. Monthly support is also determined through the child’s financial resources and physical, emotional, and educational needs; the child’s standard of living, if parents were currently together; and the parents’ debts and the paying parent’s ability to pay. Under the Minnesota child support laws, a child has the right to receive child support from both parents.
Where to file for a divorce?
Minnesota divorce summons and petition forms can be filed in the county where either petitioner or respondent resides.
For a fast and inexpensive divorce process, you can file Minnesota online divorce forms.
Refer to the “Divorce Requirements for Minnesota Residents” above and also review the best online divorce sites.
Mediation
Mediation in Minnesota is a process allowing the parties involved to complete the entire divorce with a form of Alternative Dispute Resolution to flesh out issues and reduce conflict and costs, both financially and emotionally.
Mediation lays the ground for effective co-parenting, and centers on the present and future, not the past. Divorce mediation allows both parties to settle by themselves certain issues on property division, child custody, child support, and other disputes.
Upon filing the Minnesota Divorce forms, parties may seek for an Early Neutral Evaluation to settle financial and social disputes.
Need information for a different state?
You may also visit the Minnesota Courts for more information
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