Minnesota Sample Letter for Petition for Legal Separation - Time Extension
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FAQ
If a client first files for legal separation, he or she will have to have pleadings prepared and pay a $400 filing fee. If the client later decides to divorce, he or she will have to have new, different, pleadings prepared, and pay another $400 filing fee.
If you're not 100% sure you want to end your marriage, a legal separation can give you space to figure things out while still protecting you financially. Couples that can't go through a divorce for religious reasons also turn to legal separation.
On the other hand, a legal separation can have some disadvantages. For instance, although you may want to date others, you will not be able to marry another person until your prior marriage is legally dissolved. The lack of finality that comes with a divorce could impact your future relationships with others.
Legal separation grants them the same legal protections that divorce offers and allows the parties to divide their debts and assets, divide their property, make custody and child support arrangements, and even establish spousal maintenance.
Minnesota law does not require spouses to live separately before divorcing. Once your divorce is finalized, you are no longer married. A separation is generally temporary, but a divorce is permanent. Your divorce order will resolve every issue in your divorce and divide all property.
To get a legal separation you must serve and file a petition in the District Court in the county where you or your spouse lives.
