What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Minnesota Divorce Records
- What Are the Residency Requirements for Divorce in Minnesota?
- What Are the Grounds for Divorce in Minnesota?
- How Much Does It Cost to File for Divorce in Minnesota?
- How Long Is the Waiting Period for Divorce in Minnesota?
- How To File for Divorce in Minnesota?
- Are Divorce Records Public in Minnesota?
- How To Get Certified Copies of a Divorce Decree in Minnesota?
- Divorce Settlement: Is Minnesota a 50/50 State?
- FAQs about the Divorce Process in Minnesota
Minnesota Divorce Records
In Minnesota, the divorce rate has shown a notable decline over the past two decades, dropping from 4.2 divorces per 1,000 people in 2000 to 2.7 per 1,000 people in 2019. This decrease aligns with national trends reflecting a significant reduction in divorce rates. Demographics such as age, education level, and income play a major role in divorce likelihood. Age, in particular, is a key factor: nearly 48% of marriages involving teenagers end within 10 years, compared to 24% for individuals married after age 25.
Divorce records in Minnesota may be categorized into three main types:
- Divorce Certificate: This record includes basic information such as the names of divorcing parties, the date, and the place of the divorce
- Divorce Decree: The divorce decree is typically available to authorized persons and contains the final order terminating the marriage, detailing the rights, and responsibilities of each party
- Divorce Case File: This contains all documents filed during the divorce proceedings, such as petitions, motions, evidence, and transcripts.
Divorce records are first created when a divorce petition is filed. Later, other records are generated when the court creates a case file including all submitted documents and records of proceedings. After the finalization of the record, a divorce decree is issued and a divorce certificate is generated to be maintained by the state Department of Health's Office of Vital Records. Divorce decrees and case files are maintained by the office of the clerk of the district court in the county where the divorce was granted.
What Are the Residency Requirements for Divorce in Minnesota?
According to Section 518.07(1) of Minnesota Statutes, to file for divorce in Minnesota, you or your spouse must have resided in Minnesota for a minimum of 180 before filing.
What Are the Grounds for Divorce in Minnesota?
Section 518.06 of Minnesota Statutes states the grounds for which couples may file for divorce in the state. According to this section, the only grounds for divorce in Minnesota is the irretrievable breakdown of the marriage relationship. Hence, Minnesota may be considered a no-fault divorce state.
By claiming the irretrievable breakdown of marriage, either spouse is not mandated to prove that the other spouse is responsible or a fault for the breakdown of the marriage. Consequently, even if one of the spouses does not want a divorce, Minnesota judges may grant one under the state's no-fault divorce rule.
How Much Does It Cost to File for Divorce in Minnesota?
The court filing fee is a fixed fee associated with a divorce petition. Typically, the divorce filing fee in the state is about $365, and an additional $10 fee for the forms that both divorcing parties need to complete to make the divorce official. However, some people may be able to have the filing fee waived if they are able to prove to the court that they cannot afford the fee.
Other fees that may be attached to finalizing a divorce in Minnesota are:
- Serving fees
- Attorney fees
- Motion filing fees
- Third-party fees
- Mediation expert fees
Generally, it costs between $5,000 and $10,000 to resolve a divorce case. Hence, the $7,500 national average cost of divorce in the United States compares favorably with the cost in Minnesota. However, in complicated contested divorce cases, it may cost up to $20,000 or more. In neighboring Wisconsin, it costs about $8,500 on average to complete a divorce process.
How Long Is the Waiting Period for Divorce in Minnesota?
In Minnesota, there is no specific waiting period or "cooling-off period" before a divorce can be finalized. Also, no mandatory separation period is required for divorce. A waiting period is a set time after filing the divorce petition during which the court cannot finalize the divorce, while a separation period is a period during which spouses must live apart before filing for or finalizing a divorce.
How To File for Divorce in Minnesota?
You may follow these steps to file for divorce in Minnesota:
- Complete the required forms: Download and complete the appropriate forms from the Minnesota courts website. Generally, you need the following forms:
- File the forms with the district court: Submit the completed forms at the district court clerk's office in the county where either spouse resides. Pay the filing fee.
- Serve divorce papers: Serve the divorce papers to the other spouse using an acceptable method. File an affidavit of service with the court to confirm service.
- Respondent's Answer: The respondent has 30 days to file an answer. No response is needed if there is full agreement. The respondent may file a counter-petition outlining disputes in a contested divorce.
- Temporary orders (if required): Either party may request temporary orders to address spousal support, child custody and support, and the use of marital property during the divorce process.
- Negotiate or mediate disputes: For contested divorces, the court may require mediation to resolve disputes before proceeding to trial.
- Finalize the divorce: In an uncontested divorce, the parties must sign a signed stipulated decree of dissolution after the negotiation or mediation to the court for approval. The judge's decision may be made in this case without a hearing. In a contested divorce, both parties will attend a trial where a judge will resolve disputes and issue a final decree.
Are Divorce Records Public in Minnesota?
Divorce records are public in Minnesota. Therefore, anyone may access them subject to certain exceptions for sensitive information reasons. Sealed records are not accessible to the public and may only be viewed by authorized persons such as the divorcing parties, their legal representatives, and certain government agencies in limited circumstances. Common restricted divorce records include the social security numbers, bank account information, and identities of minors.
How To Get Certified Copies of a Divorce Decree in Minnesota?
You may get certified copies of a divorce decree in Minnesota by requesting them from the district court clerk's office in the county where the divorce was finalized. At the office of the court clerk, you may need to complete a request form and pay the appropriate copy fees.
Divorce Settlement: Is Minnesota a 50/50 State?
Minnesota is not a community property divorce state, but an equitable distribution one. The guidelines of equitable distribution of marital property presume that all debts and assets acquired in the marriage be divided equitably but not necessarily in an equal 50/50 split. Hence, it does not matter which of the spouses incurred the debt or acquired the asset, whose name is on a deed or account, which spouse earned or contributed more money to an investment account or asset accumulation; all income earned in the marriage is presumed marital. In community property states such as Texas and California, spouses are given equal ownership of all property acquired in the marriage.
Some of the factors considered by Minnesota judges in dividing marital property include:
- The length of the marriage
- The contribution of a spouse as a homemaker
- The age, health, occupation, and sources of income of each spouse
- Any prior marriages
- The skills, liabilities, needs, employability, estate, and opportunity for future acquisition of capital assets, and income of each spouse
- Each spouse's contribution in the acquisition, preservation, appreciation, or depreciation of the value of marital property
FAQs about the Divorce Process in Minnesota
Here are answers to frequently asked questions about the divorce process in Minnesota.
How Do I Modify a Divorce Decree in Minnesota?
You may amend a divorce decree in Minnesota, but you must file a motion to modify the initial original divorce decree with the court where the case was finalized. Subsequently, you must notify the other party of the motion against them by serving them with the documents.
Next, attend the hearing scheduled by the court and prove a substantial change in circumstances by submitting supporting documentation.
Upon reviewing the evidence, the judge will issue an order granting or denying the modification based on the evidence and applicable laws.
How Do I Enforce a Divorce Decree in Minnesota?
Divorce decrees may be enforced by filing a motion to enforce with the district court where the divorce was finalized. The motion will include details about breaches of the decree and specific remedies requested. The non-compliant party must be served with the motion and both parties must attend a scheduled hearing.
If the court finds the non-compliant party guilty of contempt of court, the party may be penalized with fines, wage garnishment, and driver's or professional license suspension. Conditions that may warrant enforcement of a divorce decree include non-compliance with property division orders, violation of custody or parenting time orders, and non-payment of financial obligations.
What Are the Restrictions to a Divorce Decree in Minnesota?
The following parts of a divorce decree may be modified:
- Child custody and parenting time: You may request a modification in child custody and parenting time under Section 518.18 of the Minnesota Statute if there is a material change in circumstances or if the change will serve the best interest of the child. A material change may be the relocation of a parent or concerns about a child's safety
- Child support: Per Section 518A.39 of the Minnesota Statutes, child support arrangement may be modifiable if a substantial change in circumstance exists such as a change in the child's financial needs and a significant income change for either parent
- Alimony: According to Section 518.552 of the Minnesota Statute, alimony orders may be modified if there is a significant change in circumstances, such as retirement, disability, or job loss.
However, debt allocation and property division are typically not modifiable except in limited circumstances such as in cases of mistake, fraud, or undisclosed assets.
Can I Efile My Divorce in Minnesota?
Yes, Minnesota offers e-filing services for divorce cases through the Minnesota Judicial Branch's eFile and eServe (eFS) system. All filers not required by court rules to use the eFS system, such as self-represented litigants, may use eFS in Minnesota counties.
How Do You Serve Divorce Papers in Minnesota?
You may serve divorce papers in the following way:
- Personal Service: Divorce papers must be hand-delivered to your spouse by an individual who is at least 18 years old and is not a party to the case. Common options for personal service include hiring a process server (a professional experienced in serving legal documents) or using a county sheriff's office.
- Service by Mail: This may be done by certified mail If personal service is not feasible. However, you may mail the divorce papers via certified mail, return receipt requested. If your spouse refuses to sign or accept the papers, this method may not satisfy the service requirements.
- Service by Publication: If you cannot locate your spouse after making reasonable efforts, you may request the court's permission to serve by publication. Once approved, publish a notice in a legal newspaper in the county where your spouse was last known to reside. The notice must run for three consecutive weeks.
Does Minnesota Mandate Couples to Participate in Divorce Mediation or Counselling?
Under Minnesota Statutes § 518.157, courts may recommend or order counseling or education programs to minimize the emotional and psychological impact of divorce, particularly for families with children. Hence, Minnesota courts often require couples in contested divorces to participate in alternative dispute resolution (ADR), such as mediation, to resolve disagreements before proceeding to trial.
How Do I Seal My Divorce Records in Minnesota?
You may file a motion to seal a divorce record with the court where the divorce was finalized. However, it is more common to have portions of divorce records sealed, rather than whole portions. Sections of divorce records that may be sealed include medical records, mental health records, financial information, and identifying information about children involved in custody or support cases.
After filing a motion to seal records with the court, you will be required to provide supporting evidence at the scheduled court hearing to convince the judge that there is sufficient cause to seal the record from public access. If your request is approved, the judge will issue a sealing order restricting access to the record to only authorized persons.
How Does Minnesota Calculate Alimony?
There is no formula for judges to use in calculating alimony in Minnesota. Rather, the court considers several factors in balancing the ability of a spouse to pay with the reasonable needs of the party requesting spousal support.
Per Section 518.552 of Minnesota Statutes, some of the factors that will be considered by the court include:
- The requesting spouse's financial resources, including employment, marital property received, and ability to meet their needs independently
- The standard of living is established during the marriage.
- The length of the marriage, particularly for homemakers who may have been out of the workforce, affects their earning capacity
- The time and likelihood of completing education or training to gain appropriate employment and become self-supporting
- The age, physical health, and emotional condition of the spouse requesting support
- The contributions by each spouse, including homemaking or supporting the other's career, and their role in acquiring, preserving, or depreciating marital property
Alimony may be modified or terminated due to remarriage, cohabitation, significant financial changes, such as job loss or income increase, changes in health, or the death of either party.
How Do I Access Historic Divorce Records in Minnesota?
You may access historic divorce records in Minnesota by contacting the office of the clerk of the district court, the Office of Vital Records of the Minnesota Department of Health, or the Minnesota State Archives.
Minnesota has kept divorce records since the early 1900s, with divorce certificates available through the MDH and divorce decrees stored in the courts. These records serve purposes ranging from genealogy to legal claims.
