Legal separation in Minnesota offers an alternative to divorce, allowing couples to live separately while maintaining legal rights and responsibilities. It is an option for those who wish to live apart but are not ready to end their marriage. If you’re considering legal separation, it’s essential to understand how the process works and the implications it may have on your future.
What are the grounds for legal separation?
Unlike divorce, you don’t need to prove fault to file for legal separation in Minnesota. The court will typically grant a legal separation based on the grounds of irreconcilable differences, meaning the couple can no longer live together harmoniously. This is similar to the grounds for divorce in the state.
Filing for legal separation
To start the legal separation process, you must file a petition with the court. This petition includes basic information about your marriage, the grounds for separation, and the relief you seek, such as child custody, support, and division of property. The other spouse must be served with the petition. After that, both parties will have the opportunity to negotiate or go to trial if they cannot agree on terms.
What happens during legal separation?
In a legal separation, the court can decide issues such as child custody, child support, and spousal maintenance, similar to a divorce. However, the marriage remains legally intact, meaning you are not free to remarry. The court will issue an order that outlines the rights and responsibilities of both parties while living separately.
How does legal separation differ from divorce?
While both legal separation and divorce allow couples to live apart, the key difference is that legal separation does not end the marriage. A divorce completely dissolves the marriage, allowing both parties to remarry in the future. A legal separation, on the other hand, keeps the marriage intact but addresses all the issues related to living apart.
Legal separation might provide you the space needed to decide whether divorce is the right option, but it’s not the end of the process. A legal separation can evolve into a divorce if either spouse later decides to file for one.
