LEGAL SEPARATION IN MINESOTA
What Is Legal Separation in Minnesota?
Legal separation in Minnesota is a formal process similar to divorce without severing the marriage. Similar to divorce, legal separation determines child custody (legal custody and physical custody), parenting time (holiday schedule and vacation time), child support (basic support, medical support, and child care), spousal maintenance (transitional spousal maintenance and indefinite spousal maintenance), and marital property division of assets and debts.
Legal separation can be more expensive than a divorce especially if one spouse decides to re-file a divorce in the future. Legal separation could potentially leave both spouses liabile for debts incurred post-legal separation.
How to File for Legal Separation in Minnesota
The steps involved in legal separation involve a petition for legal separation in the county where either spouse resides for more than six months in Minnesota. The process includes:
Draft a petition and summons necessary to commence legal separation,
Serve the other spouse the petition and summons,
File the petition with the court,
Negotiate agreements whether directly or through mediation regarding child custody, child support, and division of marital property,
Attending court hearings if disputes arise, and
Receiving a final court order f rendering the legal separation complete.
Do You Need an Attorney for Legal Separation?
While Minnesota does not require an attorney for legal separation, mistakes made in can be costly, expensive, and add unnecessary stress on an already difficult matter. Having a family law attorney ensures your rights are protected while maintaining the spirit of the amicable nature of a legal separation.