If you and your spouse were legally separated in another state, but you now reside in Minnesota and are considering a divorce, you may be wondering if you are still able to file for divorce in Minnesota. The answer is yes, but it is important to fully understand the legalities and requirements involved. Let’s explore the factors that determine your eligibility to file for divorce in Minnesota if you were legally separated in another state.
Legal Separation vs. Divorce
Before delving into the specifics of filing for divorce in Minnesota after a legal separation in another state, it’s important to understand the difference between legal separation and divorce. Legal separation occurs when a married couple decides to live apart and establish separate lives without officially getting a divorce. Couples often choose legal separation for various reasons, including religious or financial considerations. On the other hand, divorce is the legal termination of a marriage.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
To maintain consistency across all states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a federal law adopted by all 50 states including Minnesota, provides guidelines on determining which state has jurisdiction in child custody cases. According to the UCCJEA, the state that has jurisdiction over the child custody case is the state that the child has lived in for the last 6 months. This means that if you and your spouse were legally separated in another state and have a child, the child custody case would need to be heard in the state where the child currently resides, regardless of where the legal separation occurred.
Filing for Divorce in Minnesota after a Legal Separation in Another State
When it comes to filing for divorce in Minnesota after being legally separated in another state, there are a few factors to consider. Firstly, Minnesota has a residency requirement for divorce. This means that at least one spouse must have been a resident of Minnesota for at least 180 days prior to filing for divorce. If you meet this requirement, you can proceed with filing for divorce. However, it’s important to note that if you and your spouse were legally separated in a state that requires a waiting period before granting a divorce, you may need to satisfy that waiting period before filing for divorce in Minnesota.
Furthermore, if any of the issues related to the legal separation were addressed in the separation agreement, such as property division, spousal support, or child custody, these agreements may still be valid in Minnesota. Nonetheless, to ensure compliance with Minnesota law, it is crucial to have a Minnesota attorney review the agreement.
Conclusion
To summarize, if you and your spouse were legally separated in another state, but now reside in Minnesota and are considering a divorce, you are eligible to file for divorce in Minnesota as long as you meet the residency requirements and any waiting periods required by your previous state of legal separation have been satisfied. It’s important to note that if child custody is involved, the state where the child currently resides will hold jurisdiction. Additionally, if any issues were addressed in the legal separation agreement, it’s advisable to have a Minnesota attorney review the agreement to ensure compliance with Minnesota law. Consulting with a family law attorney can help you better navigate the legal complexities involved in filing for divorce after a legal separation in another state and ensure that your divorce proceedings are handled smoothly and efficiently.