Minnesota Family Law
Frequently Asked Questions

1. What are the requirements for getting a divorce in Minnesota?

You must have been a resident of Minnesota for at least 180 days and there must be an “irretrievable breakdown of the marriage” meaning there is no hope of staying together. You may file for divorce in the county where either spouse resides.

2. Can my spouse prevent me from obtaining a divorce?

No. If one person feels there is no possibility of saving the marriage relationship then the divorce will proceed even if the other spouse does not want the marriage to end. Minnesota is a “no-fault” state which means that bad behavior (excluding domestic or child abuse) by one spouse has no impact on whether the divorce is granted, spousal support, child support, custody or parenting time or property division

3. What is the difference between a legal separation and a divorce?

A legal separation can be requested for any reason. A decree of legal separation formally separates the parties’ lives financially and physically but does not end the marriage. Some people choose this option for religious reasons or to live apart while keeping open the possibility of repairing the marriage. The court will also determine child custody, child support, responsibility for debts and spousal maintenance in a legal separation proceeding. Property accrued after a legal separation is considered non-joint property and debts incurred by each is also a non-joint debt. This is different from one person moving out of the house and living separately without court involvement.

A divorce on the other hand, ends the marriage and the court will make a final property division of the marital property along with determining other issues such as custody, parenting time, and spousal maintenance.

4. How long does it take to get a divorce?

It depends.It can vary from a few short months to a few years depending on the complexities of the issues and the extent to which the parties compromise and cooperate with each other.

5. How much does a divorce cost?

It depends. The more complex the case and the more conflict between the parties the higher the cost of the divorce. In Minnesota, the initial filing fee is $402 and my hourly rate is $240 per hour. I require an advance fee to get started. I also offer flat fees in certain cases.

6. If I move out of the house will I lose possession of it?

No. Moving out of the house during a separation does not take away any property interest in your home. It will not be held against you in the divorce proceeding.

7. If I move out and leave the children to live in the home with my spouse will I lose custody?

No. Moving out of the home will not be held against you in the divorce proceeding. Custody is always decided by considering the best interests of the children.

8. Can the locks be changed on the home to keep one spouse out of the house?

No. Unless one spouse moves out voluntarily or you are given temporary, exclusive possession of the home through a court order.