LEGAL SEPARATION IN MINESOTA

What Is Legal Separation in Minnesota?

Legal separation in Minnesota is a formal process similar to divorce without severing the marital relationship. Similar to divorce, legal separation determines child custody (legal custody and physical custody), parenting time (holiday schedule and vacation time), child support (basic support, medical support, and child care), spousal maintenance (transitional spousal maintenance and indefinite spousal maintenance), and marital property division of assets and debts, similar to divorce.

Unlike divorce, legal separation does not end the marriage. Because the marriage remains in tact in legal separation, this process can quickly become significantly more expensive while potentially leaving both spouses open to liability from debts incurred post-legal separation. Legal separation does not sever the financial responsibilities of the marriage, meaning assets and debts accumulated during legal separation may remain marital property subject to equitable division of assets if one spouse later files for divorce. If a spouse files for divorce after legal separation, both parties may have to re-do the entire process again only under the dissolution of marriage process instead.

How to File for Legal Separation in Minnesota

The steps involved in legal separation involve a petition for legal separation in the county where either spouse resides for more than six months in Minnesota. The process includes:

  1. Drafting filings necessary to commence legal separation,

  2. Serving the other spouse with legal papers,

  3. Filing the petition with the court,

  4. Negotiating agreements whether directly or through mediation regarding child custody, child support, and division of marital property

  5. Attending court hearings if disputes arise

  6. Receiving a final court order from the judge rendering the legal separation complete once entered into the record by the court

Do You Need an Attorney for Legal Separation?

While Minnesota does not require an attorney for legal separation, mistakes in filing and in the content of the filings can be costly, expensive, and add unnecessary stress on an already difficult matter. Having a family law attorney ensures your rights are protected while maintaining the spirit of the amicable nature of legal separations offer if both parties are in agreement.

If you are contemplating legal separation, want to know more about the difference between divorce and legal separation, or wish to seek further guidance, please contact us today to schedule a consultation to determine best strategies moving forward.

If this does not apply to you, please review our other services.

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