- Before researching the available grounds for divorce, a petitioner should confirm the proper court where she can file her case. Hennepin County Family Court, a court within the Minnesota Judicial Branch's Fourth District, serves Hennepin County, which includes Minneapolis. To open a divorce case involving Minneapolis residents, at least one spouse must have lived in Minnesota for at least six months and currently reside in Hennepin County. After confirming the proper court to handle a Minneapolis case, the petitioner can look for specific county and state laws regarding divorce grounds.
- Though the Hennepin County Family Court may use county-specific procedural rules, the court must use the same divorce forms issued by the Minnesota Judicial Branch and used state-wide. Accordingly, Minneapolis divorce litigants must follow the state's divorce laws. Section 518.06 of the Minnesota Statutes explains the legal significance of divorce under state law. The section also specifies the grounds that a couple must establish in order to obtain a legal dissolution of marriage. Section 518.06 specifies only one ground for divorce in Minnesota: an "irretrievable breakdown" of the couple's marriage. Also known as no-fault divorce, the ground of irretrievable breakdown allows for dissolution without requiring either spouse to prove that the other spouse caused the divorce.
- When compared with the laws of other states, Minnesota uses a simple approach to setting grounds for divorce. Other states may allow for no-fault divorce but also list several fault grounds under which a spouse can petition for a dissolution of marriage. For example, South Carolina's divorce statutes list several fault grounds, including adultery, physical cruelty, desertion by one spouse and habitual drug use. South Carolina also allows a version of no-fault divorce, which spouses can qualify for if they live "separate and apart" for at least one year. In Minneapolis divorces, however, no-fault divorce allows one spouse to obtain a divorce over the objections of the other spouse, even if neither party engaged in fault conduct to justify a divorce.
- Individuals who plan to file for divorce in Hennepin County Family Court can find county-specific assistance at the courthouse. The courthouse offers a walk-in services program through which Minneapolis residents, or other individuals with court cases in Minneapolis, can ask questions. The Hennepin County court also offers a Family Law Facilitator's Program, which specifically guides individuals through family court procedures. The program can also help with divorce paperwork for a small fee, with a waiver available for persons with limited income. An individual who needs further explanation regarding no-fault divorce or the lack of fault grounds under state law, as well as specific Hennepin County divorce procedures, should contact the Family Law Facilitator's Program at the Hennepin County Family Court.
previous post
next post