Divorce Filing in Minnesota
Divorce filing in Minnesota is a bit different than other places.
Before you take the necessary steps to file a Complaint for Divorce in Minnesota, it is important that you confirm that you have met the necessary requirements to do so. The power of the Minnesota Probate and Family Court to grant a divorce is based on a person’s domicile in Minnesota. Divorce filing in Minnesota requires domicile as pertains to the power of the court. This means that a person is physically present Minnesota and has a present intent to make Minnesota his/her permanent place of residence. This is a question of fact depending on your particular circumstances.
You are able to file your divorce in Minnesota if you meet one of the requirements listed below: If you have lived in Minnesota for the past year (unless the Court determines that you moved to Minnesota for the purpose of obtaining a divorce); If you lived in Minnesota with your spouse and the cause of divorce occurred in Minnesota.
It is important to note that with respect to a “no-fault” divorce case, the “cause” of your divorce is considered to be when you realized that your marriage is over and there is no hope of reconciliation; or If you lived in Minnesota with your spouse before the cause of divorce occurred in another jurisdiction and either you or your spouse lived in Minnesota when the cause of divorce occurred.
If you have concerns as to whether you meet the necessary requirements to file for divorce in Minnesota, I suggest that you contact an experienced family law attorney to discuss your particular circumstances. We would be honored to help you navigate this difficult time performing a divorce filing Minnesota.