Filing for divorce is a big step. If you’re considering it, you probably have an idea of what you’d like to get out of the process, ranging from specific assets to a desired custody schedule. Does that mean that you need to file first to preserve an advantage?
Many people believe that the person who initiates a divorce has an advantage with the court. That’s not necessarily true in Minnesota. Here’s what you should know about advantages to filing first.
Minnesota’s no-fault divorce laws
Minnesota is a no-fault divorce state. That means that you don’t have to allege and prove that your spouse committed any wrongdoing in order to receive a divorce. Irreconcilable differences (that is, your marriage is no longer working and at least one of you wishes to leave) are sufficient grounds for divorce in Minnesota.
No-fault divorce states mean that you don’t stand to gain anything by describing spousal wrongdoing in court. While divorces are often very emotional and can be contentious, it’s best to vent to a therapist instead—unless that wrongdoing negatively affects your children. Your attorney can help you decide the best course of action during divorce and custody proceedings.
Choosing the venue
However, there is one advantage to filing first: you get to choose where to file. This is called “venue.” If you both live in different counties, the person filing can decide which county in which to file. This has two advantages. First, the petitioner can choose whichever county has the friendliest views on spousal support and custody. Second, you can choose the county which is most convenient for you. For example, if your spouse lives across the state, you probably won’t want to travel that far each time you need to attend a hearing.
When you’re ready to divorce, call the experienced family lawyers at Appelhof, Pfeifer & Hart, P.A. in St. Paul, MN.
