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How do I file for a divorce?

Ending a marriage is never an easy task. It is very emotionally draining. Regardless of whether your spouse is in agreement or if this process will be made more difficult by your spouse, you should plan ahead and know how the process works before you take the steps to file. It is a good idea to know what you need to do so you can make it as easy as possible to handle the administrative tasks of filing for divorce in Minnesota.

According to the Minnesota Judicial Branch, you need to make sure you can legally file for divorce in the state. You have to have lived in the state for at least 180 days before you file. If you are a same-sex couple, you have to have been married in the state and live in the state currently. If you do not meet the requirement, then there is no need to file at this time because the court will deny it.

The actual step you must take to file and start the proceedings is to file a Summons and Petition with the district court in your county. You will then have to serve this document to your spouse, which alerts him or her that you have filed for divorce.

If you and your spouse are in agreement about filing, you may instead file a joint petition for divorce. This does not require serving the papers to anyone as you will do this together.

Regardless of how you file, you will have to pay court fees and other court costs as part of the process. This information is for education and is not legal advice.

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