What Do I Need to Know About Filing Divorce in Minnesota with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Minnesota Grounds for Divorce.
Minnesota is a “no fault” divorce state. The only ground for divorce under Minnesota laws is an “irretrievable breakdown of the marriage relationship.” This means you and your spouse agree to file a no-fault divorce.
Minnesota Residency Requirements.
You can file for divorce if either you or your spouse have resided in the state of Minnesota for at least 180 days.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Minnesota for at least six months and currently live in Minnesota, or have lived in Minnesota within six months of filing.
Please note that you may be able to qualify for residency based on other requirements. If you are not sure whether you fall into one of the above categories, please seek advice from an attorney.
Filing for Divorce.
Either spouse may file for divorce in the Minnesota county where they live.
Minnesota Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
In an agreed divorce, you will file a joint petition. This means you do not have to “serve” your spouse with a copy of the divorce papers. This makes the process go smoother and faster.
Waiting Period.
There is a waiting period of 30 days after filing your divorce papers, before your divorce can be finalized. However, how long it actually takes the Court to finalize your divorce simply depends on the schedule of the Court.
Minnesota Final Uncontested Divorce Hearing.
When Help Yourself Divorce prepares your divorce paperwork, you won’t need to attend a final hearing unless you have children. Because this is an agreed divorce and you have a written settlement agreement, a judge will sign your decree and mail it back to you.
However, if you do have children, you must attend a brief final hearing unless you’re both represented by attorneys.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.