Mille Lacs Band of Ojibwe Tribal Statutes do not address divorce, therefore the applicable law that is applied for divorce is the Minnesota State Statute. A divorce matter can be filed in Mille Lacs Band Tribal Court, but applicable Minnesota Law will be utilized for the matter.
Under MN law, a divorce is called a "Dissolution of Marriage." Dissolution of Marriage is the legal process to dissolve the marriage of two parties. To get divorced in MN, at least one of the spouses must be living in MN for a minimum of 180 days (or you or your spouse must be a member of the armed forces and that person must have kept their MN residency), and you must file court forms with the district court in the county where one of the spouses is living.
The amount of time it takes to get divorced is going to depend on the county you are filing in and whether you and your spouse agree or disagree on the issues in the divorce.
No. The court does not require you to have an attorney to get divorced in Minnesota. You are allowed to represent yourself, and if you do, you will be called a “self-represented litigant.” However, every person who appears in court without an attorney is expected to know and follow the law.
Yes. Generally, personal service is required to start a divorce. This means having a third party, who is over the age of 18, hand deliver a copy of the paperwork to start a divorce to your spouse.
However, if you do not know where your spouse is or how to contact them, you can ask the judge for permission to have your spouse served some other way. This is called “Service by Alternate Means.” Please note that you must file paperwork with the court to ask for service by alternate means. See the packet of forms and instructions for Service by Alternate Means for more information.
Yes. In your divorce forms, you must list all real estate owned by:
• You;
• Your spouse;
• You and your spouse together; or
• You and your spouse with other people (like a friend or relative).
This includes real estate in Minnesota and outside of Minnesota.
If you and/or your spouse have an interest in real estate, you are strongly encouraged to talk to an attorney before signing divorce forms. Real estate is often the most valuable asset to be divided in a divorce. If you or your spouse own real estate, it is critical that you talk to an attorney before you sign paperwork related to how the real estate will be divided.
What financial documents you may need depends on whether you are filing for a divorce with or without children.
With Children:
If you are filing for divorce and have minor children with your spouse, or if you are requesting spousal maintenance, you are required to attach financial documentation to show your income. This is true even if you and your spouse agree on everything in the divorce.
Without Children:
If you are filing for divorce without children and you are not requesting spousal maintenance, you are not required to attach financial documentation.
The number of times you go to court and see a judge or referee depends on many factors. If you and your spouse do not agree on all the terms of the divorce, the case usually takes longer.
A divorce can get complicated if the parties have property (real estate, automobiles, vacation property, pensions, jewelry, etc.) or minor children. Usually, the divorce can be done more quickly if the spouses agree on how to divide the property and handle custody and parenting time with the children. Many cases start with a lot of disputes, but then the parties are able to reach an agreement.
Yes. You can ask to change your first, middle, and/or last name in your divorce paperwork. If the judge orders your name changed in your divorce decree, your name will be legally changed.