This is an official Minnesota court form for use in a divorce case, Instructions for Serving a Summons and Petition by Alternative Means. USLF amends and updates these forms as is required by Minnesota Statutes and Law.
Minneapolis Minnesota Instructions for Serving a Summons and Petition by Alternative Means
State:
Minnesota
City:
Minneapolis
Control #:
MN-DIV1301
Format:
PDF
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How to fill out Minnesota Instructions For Serving A Summons And Petition By Alternative Means?
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FAQ
Your spouse can be personally served at home, at work, or anyplace you know they will be. Papers cannot be served on a legal holiday. o Whoever serves your spouse, known as the ?server,? must then fill out the Affidavit of Personal Service, and sign it under penalty of perjury.
Minnesota is an equitable distribution state. This does not necessarily mean a 50-50 settlement of everything. But the law presumes that all assets and debts acquired during the marriage will be divided equitably, including: Your house and other real estate.
You will, however, need to satisfy the court that the marriage has broken down irretrievably or that other grounds exist for the granting of a divorce, for example, mental illness. While you do not have to obtain your spouse's consent, you are still required to notify your spouse of your intention to get divorced.
Your spouse must be personally served with a copy of the documents. This means someone neutral and not involved in your case must hand-deliver the documents to the defendant in person. Your spouse can be served anywhere ? at home, at work, etc.
Illinois law requires that service be by a sheriff. ?Process shall be served by a sheriff? 735 ILCS 5/2-202(a). 99% of divorce lawyers who practice in Chicago, Cook County, Illinois use special process servers. The Illinois statute requires divorce lawyers to motion the court to appoint a special process server.
State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can't be located for service. The court will set a hearing date and ask that you appear.
You can ask a friend or relative to serve the papers, or you can pay your local sheriff's department, police department, or a process server. Whoever serves the papers must be at least 18 years old and cannot be a party in your case.
Generally, an uncontested divorce in Minnesota can take as little as four to six weeks to finalize. The process can take longer to complete when contested, and could go to trial in case the parties involved cannot come to an agreement on key issues.
The Sheriff will have to serve the summons and signed divorce papers on the Defendant. This will take about 3 ? 10 working days, depending on the Sheriff's workload.