How Long Does a Divorce Take in Minnesota?
Going through a divorce is incredibly difficult for all parties involved. In general, most people want this process to be over as quickly as possible. Here, we want to discuss how long it takes a divorce to finalize in Minnesota. There are various factors involved in these cases, and no two divorce situations are exactly alike. Here, we want to discuss any waiting periods in place under Minnesota divorce laws, the difference between a contested and uncontested divorce, and whether or not you need an attorney for these cases.
Is There a Mandatory Waiting Period?
Many states throughout the country impose mandatory waiting periods on couples wishing to get a divorce. Under Minnesota law, there is no waiting period or mandatory separation period necessary before filing for divorce.
However, like many other states across the country, there are requirements about how long a person needs to be a Minnesota resident before filing for divorce. In this state, at least one spouse must be a Minnesota resident for at least 180 days before filing for divorce.
After one spouse files for divorce in Minnesota, the other spouse has 30 days from the date of receipt of the divorce summons and petition to file their answer with the court. Minnesota courts will usually not grant a divorce until the answer period is complete.
Contested vs. Uncontested
There are various issues that need to be resolved between two separating individuals before the divorce can be finalized. This includes the following:
- The amount of any expected child support
- Issues of child custody and visitation
- Alimony payment amounts
- The division of assets
- The distribution of assets
- The allocation of debts
If a divorcing couple agrees to all of the issues above, the divorce will likely be considered uncontested. However, if a separating couple disagrees on any of the issues mentioned above, the divorce will be considered contested.
The Expected Timeline
If a divorce is uncontested in Minnesota, the entire divorce process will generally take a few months to finalize. However, a contested divorce is going to take longer to complete. If the two parties cannot come to terms on the issues, a trial will need to be scheduled. It is not uncommon for a contested divorce to take anywhere from six months to two years to finalize.
Get Help from a Mankato Divorce Lawyer
If you are considering getting a divorce, you should speak to an attorney about your case as soon as possible. At Knutson+Casey, our qualified and experienced team is going to provide you with compassionate assistance throughout the entirety of your divorce case. Our goal is to ensure that you are treated fairly throughout this process. An attorney should be consulted even if a divorce is considered uncontested just to ensure that everything is being completed correctly.
For contested divorces, an attorney should always be involved. These cases can become immensely complicated, and you need to ensure your rights are being upheld. If you need a Mankato divorce lawyer, you can contact us to schedule a free consultation.