Is a dissolution the same as a divorce?
Yes, dissolution of marriage is the legal term for a divorce in Minnesota
What is an annulment?
An annulment is a separate legal process, and a legal annulment is not the same as a religious annulment. A legal annulment declares a marriage void, as if it never existed, based on specific legal reasons. One reason for a legal annulment is that there was a lack of consent at the time of the marriage due to mental incapacity. A legal annulment is very rare.
What is a legal separation?
A legal separation is a type of court proceeding, similar to a divorce. At the end of a legal separation case, the parties are still married. A legal separation decides the rights and responsibilities of the parties, but doesn’t legally end the marriage. If one spouse brings a legal separation case and the other spouse wants to get divorced, the parties must go through the divorce process.
How long does someone need to live in Minnesota before starting a divorce?
One spouse must be a Minnesota resident for 180 days before starting a divorce.
What is No Fault divorce?
No Fault divorce means that a person does not need to prove that the divorce is anyone’s fault. One spouse must state that there has been an irretrievable breakdown in the marriage, and the other spouse cannot stop the divorce.
What happens if my spouse and I live in different states?
If your spouse or children live in another state, or if marital property is located in another state, you may want to talk to a lawyer who is licensed to practice in both states. Minnesota courts only have jurisdiction over people and things in Minnesota.
What happens if my spouse and I live in different counties?
You can start a divorce in the county where one of the parties resides. If you and your spouse live in different counties, you should get legal advice before you file your case. The laws on divorce, custody, child support, property division are the same throughout Minnesota, but there can be a variety of processes or resources available in different counties.
What is Pro Se representation?
Pro Se representation means that you are acting as your own lawyer. If you are Pro Se, you must follow court rules and procedures just like a licensed attorney.
Can I get a public defender for my divorce?
There is no right to a free lawyer for divorce, because it is a civil matter. You may be eligible for free or low-cost legal representation through your counties Legal Aid service, or a volunteer attorney program.
What is a retainer agreement?
A retainer agreement is the contract between you and your lawyer that spells out how you will be charged for services, and what costs you will be responsible for paying. Family law attorneys usually charge an hourly rate for their time. The retainer is the down payment on legal fees that is paid at the beginning of a case. It is not the same as a “flat fee,” as a retainer does not usually cover all of the legal fees or costs.
Will I have to go to court during my divorce?
You may go to court for an informal meeting at the beginning of your divorce. Only if you can’t come to an agreement, will you have to go to a contested trial. If you and your spouse resolve all of the issues, you may not need to go to court at all. More than 95% of family law cases are resolved without trial.
Is Minnesota a 50/50 property state?
The law in Minnesota is that any property acquired during the marriage is divided based on what is “fair and equitable.” The law does not say that marital property will be divided 50/50, but this is what is fair and equitable for most people.
How is basic child support calculated?
Minnesota uses a child support calculator based on each person’s gross monthly income, and the amount of parenting time that a child or children is with each parent. In most cases, for child support purposes, the parenting time is based on the number of overnight a child or children stay with each parent.
Is there a calculator for spousal maintenance?
No, an award of spousal maintenance is based on a variety of factors, including the length of marriage, each party’s income and monthly expenses, the standard of living during the marriage, and the age and health of each party. Spousal maintenance is a complicated area, and you should seek legal representation if you have further questions.
How does the court divide debts between parties?
The court will divide debts based on what is fair and equitable. It is important to know whether a debt is individual, or joint, and it is important to know whether a debt is secured by property, such as a mortgage or car loan.
