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Getting a divorce decree in Minnesota

In Minnesota, a divorce is referred to as dissolution of marriage. In order to apply for divorce, an individual must be living in Minnesota for six months. It is more difficult to get a divorce in the state than to get married. It may take several months before the divorce decree is final.

This holds true even for same-sex couples. In order to file for divorce, the same-sex couples must both be residents of Minnesota for six months. Getting a divorce may be more complicated if couples have children or property. Property may include real estate, pension, jewelry and automobiles. If the couples can agree on property division issues easily, then the divorce can be completed in a shorter time. If the couple has minor children, then they need to decide on child custody and parenting time.

There are two types of child custody in Minnesota: legal and physical custody. When a parent has legal custody, it means the parent has the legal right to make all decisions for the child, from how to raise the child to religious education and healthcare. On the other hand, if the parent has physical custody, he or she could make all day-to-day decisions for the child.

In every divorce decree, a parent has to make decisions related to child custody. A parent may have sole physical or legal custody. In joint legal custody, the parents agree to share responsibility of the children regarding health care, education and religion. Spouses may also agree about various issues in an alternative dispute resolution or ADR. This agreement is completed outside the court premises.

Source: Minnesota Judicial Branch, "Divorce," Accessed on July 4, 2015

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