Does it Matter Who Files for Divorce First in MN?

Does it Matter Who Files for Divorce First in MN?

Filing for Divorce First in Minnesota

People enter marriages totally enamored with their partner. Couples believe the good feelings will stay and the marriage will last forever.

Sadly, it doesn’t always work out that way. Marriage is hard work and it can be fraught with hardships. Life circumstances shift in unpredictable ways and people change over time. As a result, people often grow apart and a high percentage of marriages end in divorce.

If your marriage is on the rocks and you don’t see things changing for the better, you might be considering getting a divorce. Maybe you’ve already made up your mind and you’re wondering if it’s okay to file for divorce first. Here are a few things to consider.

How Divorce Works in Minnesota

Divorce can be complex and there are plenty of intricate details in the process. Each divorce is unique, but generally speaking, there is one big aspect to keep in mind: Minnesota is a no-fault state.

This means that the only requirement for getting a divorce is that you need to have been married for at least six months (180 days). Your spouse doesn’t have to approve of the divorce, and there doesn’t need to be a reason for why you want the divorce.

Does Filing First Have Any Effect on the Divorce Proceedings?

No, it doesn’t matter who files first from a legal standpoint. If you file a petition first, it will neither hinder nor benefit you in the situation. However, it’s important to note that even if there doesn’t need to be a “why” for the divorce, that doesn’t mean it’s going to be an easy process.

Uncontested divorces are always the preferred path when they’re possible. They allow for a peaceful transition where both parties agree to all terms and conditions, which sets the tone for a positive outcome.

But if your spouse doesn’t respond to the courts within 30 days of your filing the divorce petition, they’re essentially foregoing an uncontested divorce. If your spouse decides to go down the path of a contested divorce, they could choose to fight every step of the way over the terms of the divorce.

Get a Free Consultation With a Divorce Attorney in Elk River, MN

Whether it’s uncontested or contested, divorce is hard. Even if both spouses are willing to work together and agree on the terms, it’s still painful knowing your relationship is officially ending. That’s why you need to work with an attorney who understands.

The divorce attorneys and legal team of White & Associates are here to help guide you through the legal process during this difficult time. Call us at 763-241-0477 or send us a message to schedule your free consultation. 


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