Uncontested Divorce in Minnesota

A divorce is a sensitive topic that has long term effects on the life of the divorcing partners. However, the process of divorce can be smoothened is the divorcing partners agree with each other regarding the crucial issues and opt for an uncontested divorce. After this process, they can enjoy good relations with each other.

Some facts regarding Uncontested Divorce in Minnesota

• The divorcing partner who files the action is called as the Petitioner.
• The divorcing partner who responds to the action is called as the Respondent.
• The venue for filing the action is the District Court.
• A divorcing partner must have resided in this state for minimum 180 days before initiating the action for divorce.
• Usually, the filing of the divorce takes place in the county in which either divorcing partner resides.
• As this is a no-fault state, the singular ground for divorce is "irrevocable breakdown." This can be demonstrated in 2 ways.
  • Residing apart and separate for 180 days.
  • Grave marital discord due to which the attitude of one or both spouses towards the marriage has been affected.

Forms related to Uncontested Divorce in Minnesota

In this sort of divorce, minimum 6 forms must be completed.

• The Petition for the Dissolution of Marriage: This form states the facts related to the divorce and mentions the assistance or relief sought. This form is inclusive of an Answer, where the Respondent accedes to or disagrees with the allegations made in the Petition. Couples having and without children are furnished dedicated forms.

• The Summons: This form serves the following 2 purposes.
  • It informs the Respondent that within 30 days it is essential to respond to the Petition.
  • It mentions that there are temporary restraining provisions that do not permit the following.
    • To urge the partners to search alternative dispute resolution.
    • Require continuity of insurance.
    • Harassment.
    • Disposal of assets.

The Respondent is served with the Petition and the Summons. When the Respondent does not live in this state, then, any adult, who is not a divorce party in the specific case, can serve the Respondent. Such a server has to sign an Affidavit of Personal Service. In case, the Sheriff or the Sheriff’s deputy is the server, then the Certificate of Service has to be signed.

When this initial service is completed, the divorcing parties may serve documents to each other by mail. In such a case, personal service is not needed. It is mandatory that every document should be along with an Affidavit of Service by Mail. 3 days are appended to any deadline in the forms, when a document is served by mail.

The remaining 4 forms are as mentioned below.

• Parenting Plan: If minor children are involved in the divorce, this form is used to establish the visitation schedule and terms and conditions of custody. This form is called as part Judgment and Decree.

• Findings of Fact, Conclusions of Law, Order of Judgment, Judgment and Decree: The Conclusions of Law comprise of the obligations of the divorcing partners relative to the dissolution of marriage. These Conclusions are endorsed by the Findings of Fact.

• The Waiver of Counsel: The Respondent as well as the Petitioner signs this form. By doing so, both accede to waive the right of counsel.

• The Marital Termination Agreement: The terms and conditions of the dissolution are mentioned in this form. It includes the following points.
  • Visitation.
  • Child support.
  • Spousal support.
  • Distribution of liabilities and assets.

Divorce Papers