Dissolution of marriage, more commonly referred to as divorce, occurs when one or both parties of a marriage wish to dissolve their union, and it can happen for different reasons. While getting married is relatively simple, divorcing can often be the opposite.
Regardless of the background and situation, the divorce process is almost always emotionally charged and time-consuming. Understanding the requirements is essential for protecting your interests and legal rights. Call our office today to speak to our experienced divorce attorneys and learn more about Rochester divorce requirements.
In a “no-fault” divorce state, you do not have to prove that the other’s fault or misconduct led to the divorce. The court grants divorces based on the determination that the union is irretrievably broken. When one party does not agree with ending the union or the terms outlined in the petition, they may respond by objecting to the divorce and providing specifics on their reasoning.
When that happens, the judge will consider all relevant factors, such as the cause of the separation and the prospect of reconciliation. However, while the objections may delay proceedings and alter the terms, the court will almost always grant the dissolution even if one party wishes to remain married.
At least one of the spouses must meet the minimum residency requirement before filing for divorce in Rochester. This means they must reside in Minnesota for at least 180 days before the filing date. However, there is an exception for members of the U.S. military, allowing them to file the petition from another location as long as they meet the minimum residency requirement before relocating for duty.
To ensure you meet all divorce requirements, it is crucial to consult an attorney who is knowledgeable about local divorce laws.
The first step in beginning the legal divorce process is for the initiating individual, or the petitioner, to prepare the necessary paperwork and file a Petition for Dissolution of Marriage with the Rochester district court. The proper paperwork needed for the petition will depend on your specific circumstances. You can visit their website to review the tools available, such as the Frequently Asked Questions section, and other tools, such as the Guide & File, which are available to residents free of charge.
Circumstances, such as children or significant assets, can alter the documents necessary for filing. The filer must also pay the required fee and ensure that the Petition and Summons are formally served to their spouse. After being served with the filed documents, the responding spouse—referred to as the respondent—must provide a written response within 30 days.
The respondent must file an answer to the petition confirming they agree or disagree with the Dissolution of Marriage and the terms of the Petition. Our compassionate attorneys can guide you through the process and answer questions about the requirements for divorce in Rochester.
Some examples of other legal issues our law firm can assist with during the dissolution of marriage process include the following:
Our skilled lawyers know the stress you are facing and can answer all your questions and concerns about divorce requirements.
Divorce mediation is when a neutral third-party mediator meets with you and your spouse to help resolve issues and possibly reach a voluntary settlement agreement. The goal is to facilitate communication to increase the chance of successful negotiations, which allows you to make crucial decisions rather than having a court make them on your behalf.
Our legal team can effectively manage your case to ensure that all legal aspects are properly handled and your rights are protected.
No matter how amicable a divorce may be, it is almost always challenging and overwhelming. This is particularly true when it involves children, higher assets, or you have been married for 10 years or more.
Our hard-working lawyers can review the Rochester divorce requirements, answer your questions, and provide support and guidance. Call our office today to learn more and schedule a consultation.
