A default divorce in Minnesota occurs when the other spouse doesn’t sign divorce forms or papers. Actually, he or she does not do anything at all in regards to the divorce. As a matter of fact, they are defaulting on the case and the spouse who filed for divorce receives everything asked for in the original paperwork. The spouse who defaulted will have to forfeit anything that was requested by the spouse who filed.
Default divorce in Minnesota is different than an uncontested divorce. An uncontested divorce is when both parties agree on the terms in the divorce papers. A default divorce does not have agreement on both sides, but one side is not taking any action against the divorce and its terms.
To file for divorce in Minnesota, you must be a resident for at least 180 days and the divorce is filed in the county in which you or the other spouse resides. The divorce is filed for in District Court, which is county court. If you are the spouse filing for divorce, you are called the “petitioner.” The spouse you are filing against is called the “respondent.”
If the court finds that a couple needs a divorce, a legal separation is granted. There are not many reasons in which a court will find that a couple will not need a divorce. With Minnesota being a “no-fault” state, the only grounds for divorce is irrevocable breakdown. This means that the couple has been living apart for at least 6 months and that something has occurred causing one or both spouses to have an unfavorable attitude toward the marriage.
In the end, a Minnesota divorce hearing will result in order to determine which spouse receives which property and to also determine custody of children.
If custody is contested, this will move to family court. A custody evaluator may have to determine what is in the best interest of the children. Once custody is determined, visitation will be determined.
When a divorce is a default divorce, then the petitioner will receive legal and physical custody of the children if they have requested custody because it was not contested by the other parent.
However, the respondent must later provide income information or any other information that is requested so that the amount of child support can be determined. But it is possible for parents to agree on the amount of child support as well, making the process simpler. If both spouses are working and can manage, there are situations in which $0 child support will be needed.
If you can’t find your spouse, we can help you with this. Even in a Minnesota default divorce they must be notified of the divorce. It is then their choice whether or not to make a move.