File petition for Divorce in Minnesota

petition for Divorce in Minnesota

Divorce in Minnesota is formally know as "dissolution of Marriage" in Minnesota. You will see that term on most forms, but as a practical matter, "dissolution of marriage" and "divorce" are similar, and end of both is an end of marriage, resolve all property, debt, custodial dispute, and spouse support (if any). 

Divorce Lawyer

In order to start the divorce process without an attorney, you’ll have to fill up some forms. The Minnesota Judicial Branch offers a Self-Help Center with a section dedicated to divorce topics. In that website you can see links to videos, you can watch to assist you in understanding Minnesota divorce law and how to complete the forms. You can also get those forms you will need for divorce process, at that site. You can also go to your local court or law library and request for a packet of divorce papers. 

In Minnesota state, the term "petitioner" is the party who initiates the divorce, and the term "respondent" is the party who receives the petitioner's divorce papers sent by the court after successful petition filed against honorable court. The petitioner along with documents always needs to begin the divorce process are listed below:

• the Summons of court hearing and Petition for Divorce
• the Verification, and
• the Certificate of Representation (whether you are representing yourself or a divorce lawyer).

If you are the respondent (second party) and you've been served with the petitioner's summons and petition, you should prepare yourself to submit an Answer and Verification if you disagree with anything. 

The petitioner and respondent may need to submit additional documents / paperwork depending on the courthouse, but the summons, petition, verification, and certificate of representation will always be required for court proceedings. Check all the relevant documents with the clerk of court at your county courthouse. Make sure the forms you're planning to submit are sufficient and that they'll be accepted by the judges.

It is advised you that don't sign any affidavits, sworn statements or oaths unless and until you're in the presence of a notary. Make it sure that you work on the forms, be thorough and complete in responding to the questions. Fill out the forms, write or print neatly and legibly on a computer if you can. 

Filing Your Forms

Make three sets of all documents need to submit in the courthouse. Eventually you will keep one for your record and give one to the other spouse The original will be filed with the court. Approach your local courthouse and ask the clerk to file the documents. It's very important that you file in the right courthouse. You can file for divorce in the county where you live or the county where your spouse lives.

You’ll need to pay a court fee to file your documents in the courthouse unless you complete a Fee Waiver procedure, that can be obtained from the clerk of court and it will be reviewed by the court first. If the court agrees that the fee should be waived because you declare that can’t afford it, you won't be responsible to pay to file documents in court case.

When you give your documents to the clerk of court, they will be stamped, dated, and a file number will be allotted to your petition in the courthouse. Serve or send your spouse a set of the stamped photocopies duly signed by, after leaving. 

Serving Your Forms

After proper preparation and filing of your forms, you should immediately send the documents to your spouse. Service of process is very important in the American legal system because it ensures that everyone has notice about what’s happening in the court and an opportunity to “appear,” or arguments, show their point of views. This service of process ensures that no one is ever “ambushed” in a courtroom.

If your spouse is an adult who has not hired a lawyer, then it is better to serve the hearing letter to your spouse directly at the location at your spouse’s home address. If your spouse has retained a lawyer, send the documents to the lawyer at the lawyer’s office and no need to send copies to your spouse.

If you are residing within the State of Minnesota, the petitioner and you will be serving your spouse, special service rules will apply. You have two basic options:

• You can ask the sheriff of your area or a professional process server (that may be a courier service) to serve your spouse "personally" by locating and physically handing the respondent a copy of the petition and summons. The police sheriff or the process server should then complete an Affidavit of Service, which you should file with the court.

• If you think your spouse will cooperate and willing to pursue the separation, you can mail the documents yourself and provide an Acknowledgement of Service form, duly signed by your spouse. You can also include a return envelope. When you receive the signed acknowledgement, you should file it with the court. 

Different rules may apply if you are trying to serve someone that is hard to locate, may be in the military, or in jail. 

Financial Disclosures

Parenting / Financial Disclosure Statement are the things that both the petitioner and the respondent have to complete. It will provide details of each spouse’s financial picture, from employment to assets, to liabilities and monthly expenses.