In Minnesota, the law requires all divorce couples to file their legal paperwork in the same fashion. It doesn’t matter if you are a lawyer or not. Everybody files the same paperwork, pays the same fees, and follows the same rules. It’s just that lawyers know this and others don’t.
According to Minnesota Statute 518.005, a number of requirements must be met what any new divorce in Dakota County or “dissolution of marriage case is filed.” I’ll try to explain the requirements of the law:
The Title of the divorce pleadings
According to the law:
A proceeding for dissolution of marriage, legal separation, or annulment shall be entitled “In re the Marriage of ………. and ………. .”
A custody or support proceeding shall be entitled “In re the (Custody) (Support) of ………. .”
As you can see, the law requires that very specific language is used in the title of all legal documents filed with the courts. I have seen my fair share of documents which were filed by non-lawyers. Guess what? The judge often dismissed them for failure to follow the law.
Name of the divorce pleadings
According to the law:
The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated an answer. Other pleadings shall be denominated as provided in the Rules of Civil Procedure.
As you can see, the initial legal documents – with the correct title – must be called a “petition”. The person who did not file the “petition” is the respondent. The respondent files the “answer”. Simple, right?
Decree or divorce judgment
In this chapter and chapter 518A, “decree” includes “judgment.”
The law wants to make clear that when a judge issues a final order granting a divorce it can be called either a judgment or a decree.
Prohibited disclosure or divorce information
Normally, divorces are public in Minnesota. Anybody can go look at the legal pleadings.
However, ff an order for protection (OFP) is in place, or if the court has reason to believe that the release of personal information could result in physical or emotional harm to the other party, then the court may order that the person’s information be private.
In this way, an abused spouse gains some protection and doesn’t have to worry (as much) about the other spouse harming them.
Divorce Filing Fees
Click on the following link for filing fees in Dakota County. A dissolution (divorce) filing fee is currently $400.00.This isn’t contained in the statute, but is listed elsewhere. The filing fees in Minnesota are high. Filing a divorce in Indiana, where I used to practice law, was $130. Don’t ask me why they are so high in Minnesota.
There you have it – all the information you need to know to get in the courthouse door.
-This post was written by Joseph M. Flanders, and attorney in Apple Valley, MN.
