Minnesota Divorce Procedures

Minnesota Divorce Procedures

Complete overview of Minnesota divorce laws for people considering a Minnesota divorce or filing a Minnesota divorce with issues to be resolved about child custody, child support, visitation and alimony.

Minnesota Divorce Residency Requirements

In order to file your Petition for Dissolution of Marriage in Minnesota, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Minnesota residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

No dissolution shall be granted unless 1) one of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or 2) one of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding.

The Dissolution of Marriage is typically filed with in county in which the filing spouse lives.

(Minnesota Statutes – Chapters: 518.07, 518.09)

Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of Minnesota. It is most common that people file for a dissolution of marriage in the county in which they live. If you are unsure of whether or not you meet the Minnesota residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.

Minnesota Grounds for Divorce

The Petition for Dissolution of Marriage is the initial document filed with the Minnesota court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court shall grant a dissolution when it finds that there has been an irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is characterized by living separate and apart for a period of 180 days or proof that serious marital discord adversely affecting the spouses and therefore the marital relationship.

(Minnesota Statutes – Chapters: 518.06, 158.13)

Every dissolution of marriage case that is filed in the state of Minnesota must declare the grounds in which the dissolution of marriage is to be granted. The grounds for dissolution of marriage must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a dissolution of marriage, or agreeing to a dissolution of marriage, make sure that you completely understand the grounds and any potential legal repercussions.

Minnesota Uncontested Divorce

This information is an overview of the uncontested Minnesota divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Minnesota.

In Minnesota, in order to divorce, a party must have lived in the state for at least 180 days before commencing the action.

The divorce is generally filed in the county in which either spouse resides. Actions are filed in the District Court, which is the county court. In a divorce, the spouse filing is called the Petitioner; the spouse responding is called the Respondent.

A legal separation is granted if the court finds a couple needs one and one of the spouses has lived in Minnesota for at least six months prior to the initiation of the action.

Minnesota is a No-Fault state. Irrevocable breakdown is the only grounds for divorce. Irrevocable breakdown is demonstrated by 1) living separate and apart for 180 days or 2) serious marital discord affecting the attitude of one or both spouses toward the marriage.

Minnesota offers a streamlined divorce route for some people in a limited number of circumstances. To use it, both spouses must agree on the terms and conditions of the property distribution and both must file a joint declaration. In order to use the summary action, eight conditions must be met including:

a) no minor children born or adopted by the parties during the marriage, “unless the court decides that someone other than the husband is the father”;
b) the wife is not pregnant;
c) the parties have been married for fewer than eight years as of the filing date;
d) neither spouse owns real estate;
e) together they have no debts in excess of $8,000, excluding encumbrances on automobiles;
f) the total market value of the marital estate does not exceed $25,000, including the equity of automobiles;
g) neither spouse has nonmarital assets of more than $25,000;
h) neither party is a victim of domestic abuse by the other.

In this route, the couple complete forms that are available in the district court office. These forms authenticate the following information:

a) the name, address, Social Security numbers and any previous names of the parties;
b) the place and date of the marriage;
c) that either the Petition or the Respondent or both 1) has resided in Minnesota for not less than 180 days immediately preceding the filing; 2) “has been a member of the armed services and has been stationed in Minnesota for not less than 180 days immediately preceding the commencement of the action…”
d) that each meet the eight above qualifications for a Summary Divorce;
e) each spouse’s nonmarital property;
f) how the assets and debts of the marriage are divided;
g) both parties’ income;
h) that there has been no domestic abuse by one spouse of the other.

In some counties the couple must watch an educational video, but if all the papers are in order, a court administrator enters a decree of dissolution 30 days after the action has been filed.

Couples who cannot avail themselves of a summary action file for an Uncontested Divorce. In this routine, there are at least six forms that must be completed. They include the following:

1) The Summons, which advises the Respondent that he or she has 30 days to respond to the Petition, also states temporary restraining provisions that prohibit a) disposal of assets, b) harassment, c) require continuity of insurance and d) urge the parties to seek alternative dispute resolution.

2) The Petition for the Dissolution of Marriage, which is a general statement of the facts, including the relief or assistance sought, normally includes an Answer, in which the Respondent agrees or disagree with the allegations in the Petition. There are dedicated forms for couples with or without children.

The Summons and Petition must be served on the Respondent. If he or she does not reside in Minnesota, the spouse may be served by any adult other than one who is a party to the case. The process server then signs an Affidavits of Personal Service (or a Certificate of Service if it is done by a sheriff or his or her deputy). After the initial service, each party may serve documents on the other by mail and personal service is not required. Each document, however, must be accompanied by an Affidavit of Service by Mail. When a document is served by mail, three days are added to any deadline in the forms.

A Respondent has the option of waiving personal service by signing an Admission of Service, which permits the dissolution to proceed.

a) The Marital Termination Agreement spells out the terms and conditions of the marital dissolution, including the distribution and division of assets and liabilities, spousal and child support, and visitation.
b) The Waiver of Counsel, which is signed by both Petitioner and the Respondent, certifies that both the parties agree to waive the right of counsel.
c) Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree is the instrument that ends the marriage. The Findings of Fact are used in support of Conclusions of Law, which deals with the obligations of the spouses in conjunction with the dissolution of the marriage.
d) Parenting Plan, which becomes part Judgment and Decree, establishes the terms and conditions of custody and a visitation schedule if minor children are involved in the divorce.

An uncontested divorce can be negotiated so that it moves by default — either a pure, which happens when one spouse simply fails to respond and the action is resolved without his or her participation, or when both spouses reach an agreement that is submitted by one spouse as a default. This route does not harm the interests of the defaulting party who has agreed to the terms and conditions of the divorce, child and spousal support and visitation.

A default can be coupled with an administrative dissolution of marriage, which can be approved without a hearing, when

a) there are no minor children, and the parties have reached agreement;
b) if there are minor children and the respondent has not answered the petition and 20 days have lapsed in addition to the 30 days of the summons;
c) if there are children and the parties have signed an acknowledged agreement and are represented by legal counsel.

To schedule a default hearing, a party must file a Default Scheduling Request and meet the conditions listed above.

When a divorce is not uncontested, other forms are required as the case moves through negotiations of the spouses and possibly a trial. These forms include

a) the Certification of Representation and Parties, which is a form used to make a record of the address of the parties;
b) the Scheduling Information Statement indicates the complexity of the case and the amount of time it will take to prepare for it. This form is filed within 60 days of the initiation of the divorce, and in the event of any other hearings, must be filed within 60 days. Within 30 days of filing the Scheduling Information Statement, the court must issue a scheduling order.

As a tool of negotiation in a contested divorce, the Petitioner may undertake discovery, which normally includes asking the other party written questions, asking for admissions of fact, inspections of property and seeking psychological, mental and vocational evaluation. These steps involve Interrogatories, Request for Production and Requests for Ådmissions.

Since a contested divorce often takes turns that are impossible to map in advance, sometimes a Petitioner must resolve issues on a temporary basis. Often temporary relief means monetary assistance for a limited time to relieve the burden of going through a divorce. These measures normally include filing of Notice of Motion and Motion. The notice papers must be served and filed 14 days before a hearing (17 days by mail) and the Respondent has at least 5 days (8 days if serving by mail) to respond. The Petitioner must file an Affidavit of Service or Affidavit of Personal Service.

One common temporary measure is an Application for Temporary Relief, which is generally accompanied by an Affidavit. The Affidavit puts into words what the Application expresses in numbers: the claim of the Petitioner for monetary relief pending the outcome of the action.

A missing spouse may require that the Petitioner serve notice by alternate means. In a divorce, the court may order that the Summons and Petition be sent by first-class mail to any address at which the Respondent may receive notice, including relatives. If there is no such address, the papers are sent to his or her last known address. A court may then order publication in a legal newspaper if this is likely to succeed. (A legal newspaper is one which specializes in publishing legal notices). When real estate is involved, the court must order publication in a legal newspaper.

Minnesota Simplified Divorce Procedures

The petition may be brought by both spouses jointly as Co-Petitioners. This eliminates the need for service of process or the use of a summons.

[Minnesota Statutes Annotated; Chapters 518.09 and 518.11].

Each state has its own unique filing procedure. When filing for dissolution of marriage in Minnesota, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory dissolution of marriage documents to the county court. You will discover that some documents may be provided by the Minnesota Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Minnesota Laws and the filing requirements.

Minnesota Property Division Factors

In Minnesota, the property and debt issues are typically settled between the parties by a signed Marital Termination Agreement or the property award is actually order and decreed by the District Court within the Decree of Dissolution of Marriage.

Minnesota is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the District Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the District Court to be fair.

The court shall base its findings on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party. The court shall also consider the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker.

It shall be conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife.

If there is a substantial change in value of an asset between the date of valuation and the final distribution, the court may adjust the valuation of that asset as necessary to effect an equitable distribution.

(Minnesota Statutes – Chapters: 518.58)

Since Minnesota is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.

Minnesota Spousal Support/Maintenance/Alimony Factors

In Minnesota the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

The court will either award maintenance on a temporary or permanent basis, as the court deems just, without considering marital misconduct, and after considering the following economic factors: a) the financial resources of the party who desires maintenance; b) training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting; c) the standard of living established while married; d) the length of the marriage; e) the loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance; f) the age, and health condition of the spouse who desires maintenance; g) the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and h) the contribution of each party in the acquisition of the marital assets.

(Minnesota Statutes – Chapters: 518.551, 518.552)

Minnesota Child Custody Factors

In Minnesota, the court will consider and evaluate the following factors when making a custody decision:

1) the wishes of the child’s parent or parents as to custody;

2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;

3) the child’s primary caretaker;

4) the intimacy of the relationship between each parent and the child;

5) the 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;

6) the child’s adjustment to home, school, and community;

7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

the permanence, as a family unit, of the existing or proposed custodial home;

9) the mental and physical health of all individuals involved;

10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion or creed, if any;

11) the child’s cultural background;

12) the effect on the child of the actions of an abuser;

13) except in cases in which a finding of domestic abuse, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

(Minnesota Statutes – Chapters: 518.17)

In Minnesota, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

Minnesota Child Support Factors
 
In determining child support, the following factors are considered: 1) the financial resources of the child; 2) the financial resources, earnings, income, and assets of the parents; 3) the standard of living the child would have enjoyed if the marriage had not been dissolved; 4) the physical and emotional conditions and educational needs of the child; 5) the amount of public aid received by the child or parent; 6) any income tax consequences of the payment of support; and 7) any debt of the parents. Misconduct of a parent in the marriage is not to be considered. If the parent to receive the support payments is receiving or has applied for public aid, the support payments must be made to the public agency responsible for child support enforcement in Minnesota. There are official child support guidelines contained in Minnesota Statutes Annotated; Chapter 518.551.

[Minnesota Statutes Annotated; Chapters 518.551 and 518.552].

Minnesota child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Minnesota child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Minnesota child support deviation factors that may be applicable to the situation.

Minnesota Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if the grandparents are the parents of a deceased parent of the child; during or after proceedings for dissolution of the child’s parents’ marriage, child custody, legal separation, annulment, or paternity; or if the grandchild has resided with the grandparents or great-grandparents for a period of twelve months or more and is subsequently removed by the child’s parents. Visitation must be found to be in the best interest of the child. M.S.A. §257.022.

When Adoption Occurs: Visitation rights terminate upon adoption by anyone other than a stepparent or grandparent.

Child Custody Statutes: Factors:

1) wishes of the parties;
2) preference of the child, if of sufficient age;
3) child’s primary caretaker;
4) intimacy of the relationship between child and each party;
5) interaction and interrelationship between child and the parties, siblings, and other significant persons;
6) child’s adjustment to home, school and community;
7) length of time in a stable, satisfactory environment, and desirability of maintaining continuity;
permanence, as a family unit, of the existing or proposed home;
9) mental and physical health of all persons involved;
10) each party’s capacity and disposition to give love, affection, and guidance, and to continue educating and raising the child in the child’s culture and religion, if any;
11) child’s cultural background;
12) effect of any domestic violence on the child; and
13) any other relevant factor. M.S.A. §518.17. See M.S.A. §518.179 for list of criminal acts which prohibit custody.

Parents May Choose: No

Minnesota Military Divorce Laws

A Minnesota military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Minnesota Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Minnesota court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Minnesota court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

a) You or your spouse must reside in Minnesota
b) You or your spouse must be stationed in Minnesota

Grounds for Minnesota Military Divorce

The grounds for a military divorce in Minnesota are the same as a civilian divorce.

Dividing the Property

Along with the normal Minnesota property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Minnesota, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Minnesota child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

Minnesota Child Support Guidelines

The Minnesota child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Minnesota child support order.

Minnesota Child Support Guidelines

Income Share Model *: NO
Percent of Income Model *: YES
Worksheets Available: YES
Extraordinary Medical Expenses Add on: NO
Childcare Add on: YES
Secondary Education Support: NO
UIFSA: YES

* Percent of Income Model: Minnesota utilizes the percentage of income formula which determines the amount of child support as a percentage of the income of the parent obligated to pay the child support. This percentage is determined by factoring the number of children requiring support. This is the most basic or primitive method for calculating support. Many people believe that it does not take into consideration many important details, which makes this model of support calculation the least exact.

Minnesota Child Support Definitions

In addition to the child support guidelines, the court shall take into consideration the following factors in setting or modifying child support or in determining whether to deviate from the guidelines:

a) all earnings, income, and resources of the parents, including real and personal property, but excluding income from excess employment.

b) the financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported;

c) the standard of living the child would have enjoyed had the marriage not been dissolved, but recognizing that the parents now have separate households;

d) which parent receives the income taxation dependency exemption and what financial benefit the parent receives from it;

e) the parents’ debts as provided in paragraph (d); and

f) the obligor’s receipt of public assistance.

Child Care Costs:

The court shall review the work-related and education-related child care costs paid and shall allocate the costs to each parent in proportion to each parent’s net income, as determined under this subdivision, after the transfer of child support and spousal maintenance, unless the allocation would be substantially unfair to either parent. The court may allow the noncustodial parent to care for the child while the custodial parent is working.

“Net Income” Does Not Include:

1) the income of the obligor’s spouse, but does include in-kind payments received by the obligor in the course of employment, self-employment, or operation of a business if the payments reduce the obligor’s living expenses; or

2) compensation received by a party for employment in excess of a 40-hour work week, provided that:

i) support is nonetheless ordered in an amount at least equal to the guidelines amount based on income not excluded under this clause; and

ii) the party demonstrates, and the court finds, that:

A) the excess employment began after the filing of the
petition for dissolution;

B) the excess employment reflects an increase in the work schedule or hours worked over that of the two years immediately preceding the filing of the petition;

C) the excess employment is voluntary and not a condition of employment;

D) the excess employment is in the nature of additional,
part-time or overtime employment compensable by the hour or fraction of an hour; and

E) the party’s compensation structure has not been changed for the purpose of affecting a support or maintenance obligation.

Determination of income.

a) The parties shall timely serve and file documentation of earnings and income.

When there is a prehearing conference, the court must receive the documentation of income at least ten days prior to the prehearing conference. Documentation of earnings and income also includes, but is not limited to, pay stubs for the most recent three months, employer statements, or statement of receipts and expenses if self-employed. Documentation of earnings and income also includes copies of each parent’s most recent federal tax returns, including W-2 forms, 1099 forms,
reemployment insurance statements, workers’ compensation statements, and all other documents evidencing income as received that provide verification of income over a longer period.

b) In addition to the requirements of paragraph (a), at any time after an action seeking child support has been commenced or when a child support order is in effect, a party or the public authority may require the other party to give them a copy of the party’s most recent federal tax returns that were filed with the Internal Revenue Service. The party shall provide a copy of the tax returns within 30 days of receipt of the request unless the request is not made in good faith. A request under this paragraph may not be made more than once every two years, in the absence of good cause.

c) If a parent under the jurisdiction of the court does not appear at a court hearing after proper notice of the time and place of the hearing, the court shall set income for that parent based on credible evidence before the court or in accordance with paragraph (d). Credible evidence may include documentation of current or recent income, testimony of the other parent concerning recent earnings and income levels, and the parent’s wage reports filed with the Minnesota department of economic security.

d) If the court finds that a parent is voluntarily unemployed or underemployed or was voluntarily unemployed or underemployed during the period for which past support is being sought, support shall be calculated based on a determination of imputed income. A parent is not considered voluntarily unemployed or underemployed upon a showing by the parent that the unemployment or underemployment: (1) is temporary and will ultimately lead to an increase in income; or (2) represents a bona fide career change that outweighs the adverse effect of that parent’sdiminished income on the child. Imputed income means the estimated earning ability of a parent based on the parent’s prior earningshistory, education, and job skills, and on availability of jobs within the community for an individual with the parent’s qualifications.

e) If there is insufficient information to determine actual income or to impute income pursuant to paragraph (d), the court may calculate support based on full-time employment of 40 hours per week at 150 percent of the federal minimum wage or the Minnesota minimum wage, whichever is higher. If a parent is a recipient of public assistance, or is physically or mentally incapacitated, it shall be presumed that the parent is not voluntarily unemployed or underemployed.

f) Income from self employment is equal to gross receipts minus ordinary and necessary expenses. Ordinary and necessary expenses do not include amounts allowed by the Internal Revenue Service for accelerated depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining income for purposes of child support. The person seeking to deduct an expense, including depreciation, has the burden of proving, if challenged, that the expense is ordinary and necessary. Net income under this section may be different from taxable income.

Subsequent children.

The fact that an obligor had additional children after the entry of a child support order is not grounds for a modification to decrease the amount of support owed. However, the fact that an obligor has subsequent children shall be considered in response to a request by an obligee for a modification to increase child support. In order consider the needs of subsequent children, the trial court must:

a) find the obligor’s total ability to contribute to dependent children, taking into account the obligor’s income and reasonable expenses exclusive of child care. The obligor’s expenses must be:

1) reduced as appropriate to take into account contributions to those costs by other adults who share the obligor’s current household; and
2) apportioned between the parent and any subsequent child with regard to shared benefits, including but not limited to, housing and transportation;

b) find the total needs of all the obligor’s children, and if these needs are less than the obligor’s ability to pay, the needs may become the obligor’s child support obligation. When considering the needs of subsequent children, the trial court must reduce those amounts as appropriate to take into account the ability to contribute to those needs by another parent of the children;

c) make specific findings on the needs of the child or children who are the subject of the support order under consideration; and

d) exercise discretion to fairly determine the current support obligation and the contribution left available for other children, considering that the support obligation being determined should be in an amount at least equal to the contribution for a subsequent child.

Minnesota Dissolution of Marriage Definitions

This collection of definitions will help clarify some unique characteristics to the Minnesota Dissolution of Marriage laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner

The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent

The spouse who does not initiate the Dissolution of Marriage with the court.

Court Name:
State of Minnesota, District Court, County of ____________, __________ Judicial District

The proper name of the court in which a Dissolution of Marriage is filed in the state of Minnesota. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage

The title and name of the legal document that will initiate the Minnesota Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Dissolution of Marriage Document:
Finding of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree

The title and name of the legal document that will finalize the Minnesota Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
County Clerk’s Office

The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

The grounds for a legal separation in Minnesota are that it will be granted if the court finds that the spouses need a legal separation. One of the spouses must have been a resident of Minnesota for at least 6 months before the petition for legal separation is filed. [Minnesota Statutes Annotated; Chapters 518.06 and 518.07].

Property Distribution:
Equitable Distribution

The applicable Minnesota law that will dictate how property and debt is to be divided upon Dissolution of Marriage.

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