In order to file for a divorce in Minnesota, you must be a resident for 180 days (six months) prior to filing for divorce. If your ex files for divorce in Minnesota and meets the residency requirement, then your divorce will take place in Minnesota.
How an Attorney can Help
This does not necessarily mean you will have to travel back to Minnesota for court. If you hire a Minnesota attorney to act on your behalf in the state, oftentimes a judge will allow you to appear in court via telephone. Your Minnesota attorney can file the necessary documents for you, go to court for you, and meet with your ex’s attorney.
If your divorce is a very contentious matter and you eventually have to go to trial over the issues in the divorce, then a judge will most likely require you to attend the trial in person. However, for motion hearings and all of the steps leading up to trial, your attorney can request that you appear via phone or that you do not appear at all.
If you are in a situation like this, make sure that you communicate clearly with your attorney about your goals for the divorce process. Adequately discuss settlement options with your attorney, so he or she knows what your bottom line is and whether they are authorized to settle on your behalf. Dealing with a divorce when you are living out of state can be stressful, but selecting the right attorney can make the process much smoother.
