Agreement For Division Of Property In Minnesota
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FAQ
If you are going through a divorce, your marital property will be divided based on principles of equity and fairness. This doesn't mean you automatically receive 50% of each asset. You, your spouse, and your attorneys can negotiate how to divide the property depending on your needs, and your goals.
No, it does not legally matter who files for divorce first in Minnesota. When one party files the petition, the other party must respond to the court within 30 days or the divorce will be considered uncontested, which means the unresponsive party is giving up their rights to have a say in the divorce proceedings.
However Minnesota, like most states, follow the equitable distribution method—meaning, the court will divide all marital property between the spouses a way it decides is equitable or fair, but not necessarily in an equal 50/50 split.
There is no set number of years after which you become automatically entitled to half of all marital property in Minnesota. The court has broad discretion to divide assets equitably based on the facts of each case. That said, marriages lasting 20 years or longer often tend closer to an equal, 50/50 split of assets.
In the marriage dissolution, the income, assets and debts accumulated during the marriage must be allocated between you and your spouse. The law is that you and your spouse are financial partners during the marriage and are presumed entitled to share in both the assets and income the partnership made.
There are separate forms for the even simpler divorce process in Minnesota known as "Summary Dissolution." But there are strict requirements. In order to qualify, you must show that: you and your spouse have no living minor children together, and neither spouse is pregnant.
To start the divorce process without a lawyer, you'll need to find and complete a number of forms. You can get the forms you need online, go to your local courthouse or law library to request a packet of divorce papers, or use an online divorce service to get the forms and have them completed for you.
If you think your relationship may end in divorce, your first step should be to consult an experienced divorce attorney. Even if you have not fully made a decision, they can help you to understand what the likely outcomes may be in terms of financial and custody arrangements.
The court does not require you to have an attorney to get divorced in Minnesota.