Minnesota is one of the few states that allows spouses to file for divorce under a no-fault system. This system simplifies and expedites divorce and requires neither party to prove that the other spouse committed wrongdoing, such as infidelity or abuse. The filing spouse must assert that there has been an irretrievable breakdown of the marriage.
What does this mean?
These grounds for divorce allow the parties to focus on the practical matters of the separation rather than accusations and emotional discourse. It also reduces stress and hostility, enabling the parties to focus on what truly matters, especially if they have children.
How does the divorce begin?
In Minnesota, the process begins when one party files a petition for the dissolution of marriage. The individual asking for this must prove that at least one spouse has lived in Minnesota for at least 180 days before the filing date.
Waiting period
After the spouse files for divorce, there is a waiting period of 60 days (minimum) before the divorce can become final. The courts want to give the parties the opportunity to think about their decision thoroughly and, if they so choose, seek counseling or mediation.
Mandatory mediation
During the divorce process, the court will ask the parties to attend mediation before litigating issues involving support and custody. The courts do this because they know that the best people to make decisions about their children and finances are themselves.
However, if that approach fails, the court gets involved and decides.
For anyone facing divorce in Minnesota, know that you are not alone. Many have gone through this, and many more will. It may feel like you cannot cope, but you can. Surround yourself with supportive people who want the best for you, and allow your new self to come to light.