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FAQ About the Divorce Process in Minnesota

Divorce is a major life event, and the stress people face in light of the uncertainty ahead is normal. Having an understanding of what to expect can make it easier. At Mack & Santana Law Offices, P.C., our goal is to make the divorce process easier for our clients and to help our clients make good legal decisions during in the divorce process which positively impact their lives after divorce. We seek to educate our clients about their options and implications of their decisions as to those options. The following are some of the most common questions we receive about divorce.

What Are the Grounds for Divorce?

Minnesota is a no-fault state. This means that there does not need to be a showing of fault or blame on the part of one party to qualify for divorce. Individuals are only required to state that there has been an irretrievable breakdown between the spouses and that reconciliation is not possible.

Even if someone does not want a divorce in Minnesota, they cannot prevent a divorce from happening.

How Do I Initiate a Divorce?

A divorce is initiated when a summons and petition for divorce is served on a party.

There is no waiting period to file divorce in Minnesota, nor is there a mandatory period of separation. The state only requires that one spouse must have lived in the state for at least 180 days prior to service of the summons and petition.

Does It Matter Who Files First?

There is not a simple answer to this question. The optimum strategy for each individual will depend on his or her unique circumstances.

How Long Does Divorce Take?

Unfortunately, there is not an easy answer to this. The length of divorce depends on a number of factors. The length of a divorce will ultimately depend on the unique circumstances.

How Much Does It Cost?

The cost of a divorce is going to depend on the length and complexity of the particular case. We invite anyone looking for guidance on divorce to schedule a consultation with one of our attorneys.

Where Will I Live and How Do I Support Myself During Divorce?

While a divorce is pending, it is not uncommon to pursue a temporary order to cover issues such as who will live where and financial support. These are obtained by filing a Request for Temporary Relief with supporting documentation for the court. Temporary orders may also be used to determine custody and support when children are involved.

Visit our divorce page to learn more. If you would like to discuss your questions in greater detail with an attorney, call our Minneapolis law office at 612-426-7141 or our Prior Lake law office at 612-605-0967. You can also email our firm using our online contact form.