Learning A Family Law Through A Divorce Lawyer In Rochester, MN

April, 2014 by

In Minnesota, any party that wishes to file a divorce must fulfill the residency requirements for their respective county. The civil court of Olmstead County requires that the petitioner be a resident of the state for at least one-hundred eighty days before submitting a motion for a divorce. Olmsted County can only hold jurisdiction over the divorce proceedings if the marriage took place in Minnesota. Anyone who meets these guidelines and wishes to file for a divorce in Olmsted County should hire a Divorce Lawyer in Rochester MN.

Requirements for Divorce Proceedings

The married couple must establish an agreement for all marital property to be divided in the divorce. This includes pensions, properties, and other assets. Any couple that is unable to reach an agreement must undergo mediation. Mediation will require that the two parties meet with their Divorce Lawyer in Rochester MN. During this hearing, both parties have the opportunity to air their grievances in relation to these divisions and child custody, if applicable. If mediation is unsuccessful, the judge will schedule a divorce trial at his or her earliest convenience.

Annulments and Requirements

The state of Minnesota prohibits the petition for an annulment on the grounds that one party was underage at the time that the marriage occurred, if the parties consummated the marriage and lived as a married couple. However, the couple may seek an annulment for this reason if one party was unaware of this implication, and the marriage was not consummated.

Additional grounds for this action are the discovery of any condition that was not disclosed prior to the marriage such as drug or alcohol abuse. Anyone who was incapable of consenting to the marriage due to mental capacity can seek an annulment. These parties can hire a Divorce Lawyer in Rochester MN through the Anderson Law Firm to assist them.

Child Custody

Any parties that are unable to enter into an agreement in terms of child custody are required to attend a state-approved parenting class as outlined in Minnesota Statute 518.157. This class is designed to gauge parenting skills and determine which parent is the right choice for the child. In some cases, the child is additionally ordered to attend a class. Parties that wish to fight for custody should acquire a Divorce Lawyer in Rochester MN to represent them in these proceedings.

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