Dealing with a divorce is undoubtedly a challenging and emotionally taxing experience. The added stress of having your spouse file for divorce before you can exacerbate these feelings. However, understanding the consequences of your spouse being the first to file for divorce in Minnesota can better prepare you for the road ahead.
Grounds for Divorce in Minnesota
In any divorce case, the initiating party must provide grounds or reasons for the divorce. In Minnesota, a spouse can file for a no-fault divorce, citing the "irretrievable breakdown of the marriage" as the primary cause.
Spouse Filing First
If your spouse files for divorce first, they will be designated as the petitioner, while you become the respondent. As the respondent, it is crucial to respond to the petition promptly.
According to Minnesota law, a spouse must file a response within 30 days of receiving the divorce papers. Failure to do so within the specified time frame allows the petitioner to request a default judgment. This can potentially result in the loss of important rights for the respondent during the divorce proceedings.
Temporary Orders
Once a divorce case has been initiated, either spouse can request a temporary order from the court. A temporary order remains in effect until the final divorce decree is issued.
When your spouse files for divorce first, they may seek a temporary order with regards to custody, child support, spousal maintenance, and possession of the marital home. It is important to note that these temporary orders are legally binding and must be adhered to until the issuance of the final divorce decree.
Division of Property
In Minnesota, property division follows the principle of "equitable distribution." This means that marital property is divided fairly, though not necessarily equally. The court considers various factors such as the duration of the marriage, each spouse’s income and earning potential, and the contributions made by each spouse during the marriage.
If your spouse files for divorce first, they will have the opportunity to present their case on how the property should be divided. As the respondent, you will also have the opportunity to present your arguments and evidence to the court.
Child Custody and Support
When determining child custody and support, Minnesota courts prioritize the best interests of the child. If your spouse files for divorce first, they may request temporary custody and child support orders.
As the respondent, you will have the chance to present your own arguments regarding custody and support during a later hearing. It is important to remember that temporary orders are legally binding and remain in effect until a final court order is issued.
Conclusion
If your spouse files for divorce first in Minnesota, it is crucial to act swiftly and respond to the petition within the 30-day window. Consulting with an experienced family law attorney can help safeguard your rights and guide you through the divorce process effectively.