Divorce is an overwhelming decision, and it can take people months or even years to move forward with it. As a relationship starts to disintegrate and the couple decides to begin their divorce, it is very possible that they will have been separated. So it is possible that separated spouses could now live in different states or even different countries. If you live in Minnesota but your spouse does not, it is still possible that you can file your diyvorce in Minnesota.
You do not need to a seek a divorce in the same state or county where you and your spouse first got married. Divorce jurisdiction usually lies where at least one of the parties resides. Minnesota law provides that if you have lived in Minnesota for at least 180 days, you can file for divorce in this state. Minnesota statute § 518.07 gives Minnesota courts subject matter jurisdiction over a divorce as long as one of the parties has resided here for the minimum required time.
However, a court must have both subject matter jurisdiction and personal jurisdiction in order to render a valid divorce decree. While your diyvorce should keep your proceeding out of the court itself, your final decree has all the binding nature of a divorce through the courts, so the court’s jurisdiction is still important.
· Personal jurisdiction refers to a court’s ability to make decisions about the people involved in a lawsuit.
· Subject matter jurisdiction refers to a court’s ability to make decisions about the subject matter of the dispute.
To determine whether a court has personal jurisdiction over a non-resident, the court looks to several factors, including owning property in Minnesota, doing business in Minnesota, having committed any act in Minnesota that caused injury or property damage, or having committed an act outside of Minnesota that caused injury or damage in Minnesota. The court will also look to see if the non-resident party has maintained minimum contacts with the state of Minnesota. These minimum contacts can include if the non-resident has lived in Minnesota in the past, has worked here, or ever held a driver’s license here.
While the goal of a diyvorce is to keep your proceedings out of the court, it is important to know that your divorce will be, well, legal.
Deciding to get a divorce is hard.
And then it seems to just get harder. But it doesn’t have to be that way anymore.
DIYvorce was created by Minnesota divorce attorneys who know that people need a path to their divorce that doesn’t require thousands of dollars and months of fighting. But they also need to know their divorce is done correctly, and that it resolves the couple’s disagreements.
DIYvorce is an easy-to-use path for for couples who are ending their marriage:
You work through a secure online interview to gather information.
You get helpful information about issues to consider as you work out how to legally part.
You have the opportunity to consult with legal professionals along the way. Your questions will be answered and you can be confident about your final divorce and the documents.