The Top FAQs Clients Ask Divorce Lawyers
When you’re going through (or thinking about beginning) a divorce in Minnesota, it’s easy to find yourself with a lot of unanswered questions. Lots of people conduct their own research before trying to begin a divorce or partner with a divorce lawyer.
We’ve put together a quick resource designed to help you find answers to some of the most common questions clients ask divorce lawyers. Our team answers questions like these every day– and if you still have more of them, you can contact us to speak to a legal professional about your concerns.
What are the grounds for divorce? Do I need my spouse’s consent to obtain a divorce?
Minnesota is a no-fault divorce state. That means that a dissolution of marriage in the state does not require somebody to show or prove wrongdoing to obtain a divorce. One party in a marriage may request a divorce without the need to prove that their spouse has breached the marital contract.
For the reasons listed above, you do not need the consent of your spouse to obtain a divorce in Minnesota. Minnesota courts can enter a divorce decree upon showing that:
- The marriage has been irrevocably broken
- One party has lived in the state for a minimum of 180 days prior to the commencement of divorce proceedings
Does divorce work differently in a same-sex marriage in Minnesota?
Minnesota authorized legally recognized same-sex marriages on August 1, 2013. The date also marked the beginning of Minnesota’s legal recognition of same-sex marriages legally recognized in other states.
Every Minnesota law and procedure that concerns marriage or divorce applies to same-sex couples. If you are a part of a same-sex couple who wishes to pursue divorce, you may benefit from consulting with an attorney.
My case is uncontested. Should I still partner with a lawyer?
It is always important to know your legal rights before entering into a divorce which may not be modifiable. If your spouse hires an attorney, you should also retain one or, at the very least, consult with one. This ensures that you have somebody with knowledge of Minnesota law to help you assess the issues and sign appropriately drafted paperwork.
Does the party who initiates the divorce have an advantage?
We find that many divorcing spouses come to us with concern that the court might favor the petitioner (the spouse who files the paperwork asking for a divorce).
- The petitioner of a divorce does not have any legal rights over the other spouse
So, is there any benefit to being the petitioner in a divorce in Minnesota?
Yes, but it might not relate to your situation.
In the instance that divorcing parties live in separate counties, the petitioner is the spouse that gets to determine which county the divorce is filed in. This can impact a case. If you want to learn more about how venue (the county you file in) can impact a divorce, you should ask your attorney for more details.
- Put simply: Venues can impact a court’s views of custody and alimony; these issues may vary from county to county
Beckman Steen & Lungstrom: Minnesota Divorce Lawyers
If you or somebody you love is considering or experiencing a divorce, it’s easy to contact us to speak to a legal representative. Our team of attorneys is well-prepared to assist clients in facilitating collaborative separations.