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One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
A default hearing is the court's attempt to confirm that there is no reason it should not grant the Petitioner everything they asked for in their petition.
Divorce court forms give you only one choice with real estate--one spouse gets 100% of the house, cabin, or other real estate and the other spouse can have a lien. There are many other ways to divide real estate.
To get divorced in MN, at least one of the spouses must be living in MN for a minimum of 180 days (or you or your spouse must be a member of the armed forces and that person must have kept their MN residency), and you must file court forms with the district court in the county where one of the spouses is living.
The default hearing is usually very brief. The petitioner will testify to the essential facts that will allow the court to grant the divorce and the other relief sought by the petitioner, such as alimony, child support and child custody.Anyone who is served with a divorce petition in Minnesota needs to act promptly.
You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.
An uncontested divorce in Minnesota can take as little as four weeks, although 60 days more likely. More difficult divorce cases where the parties disagree on many issues can end up taking years.
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.
The name given to the spouse that files first for divorce is the Petitioner and the spouse that files second is called the Respondent. The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first.