Even before you begin the divorce process, you’re likely already looking toward the finish line. While you may want to get divorced as quickly as possible, certain periods during divorce proceedings require some time and patience. Even so, you can continue working and making progress on your case.
When you meet with a Minnesota divorce lawyer, they can help you understand what you can expect during the divorce process. Furthermore, your attorney can help guide and support you through inevitable waiting periods.
Divorce Waiting Periods and Minnesota Law
Every state has different divorce laws. Certain states require couples to wait a predetermined amount of time before they can file or finalize their divorce.
In most places, there is no legal requirement to separate before filing for divorce. But in some states, like South Carolina, Vermont, and Virginia, couples must be separated for some time before they can pursue a divorce.
Other states, like California, Iowa, and Pennsylvania, require a “cooling off” period after couples file for divorce. A cooling-off period is a time for couples to thoroughly consider proceeding with their divorce. Part of the reason for a waiting period is to allow couples to potentially reconcile.
Divorce laws in Minnesota are different. Under Minnesota law, there is no formal period couples must wait to get a divorce. There is no requirement to separate for a specific time before filing for divorce, and couples do not need to wait to finalize their divorce once the case has been filed.
During Divorce Proceedings, Several Instances Require Patient Waiting
Although there are no waiting periods under the law, it does not mean the whole divorce process flows continuously without any time spent waiting. While you might hope your divorce progresses faster rather than slower, there may be some periods that require waiting patiently to proceed with your case.
Waiting to Meet Residency Requirements
Like most states, there is a residency requirement one or both spouses must meet in order to pursue a divorce within the state. Without meeting the residency requirement, you’re not allowed to file for divorce in Minnesota.
To get
divorced in Minnesota, you or your spouse must live within the state for at least 180 days (six months). This means that if neither you nor your spouse satisfy the requirement, you’ll need to wait until you do to file for divorce.
Waiting for Your Spouse to Do Their Part in Your Divorce
Certain periods during your divorce require you to wait on your spouse and their attorney. While it may be frustrating, it’s a necessary part of the process.
For example, when you file for divorce, you must serve your spouse with copies of court documents, which serve as notice of the impending case. To proceed, your spouse must file their response to your petition with the court. Minnesota courts allow respondent spouses 30 days to file.
Additionally, you may need to wait for your spouse and their lawyer to respond to certain requests and produce documentation. Similarly, your spouse may need to wait for you during some periods as well.
Making Progress During Waiting Periods in a Divorce
Even though you may have to undergo some waiting periods, it doesn’t mean your case must be at a complete standstill. You can continue to make progress on your case, working toward the best possible outcome. On the other hand, it’s also important to try not to backtrack and potentially harm your case.
Continue Working With Your Divorce Lawyer
During your divorce case, there is usually something to be done, even if you’re in the midst of a waiting period. Ask your divorce lawyer how you can continue making progress on your case.
If you’re waiting to meet the residency requirement, you can begin searching for your ideal divorce lawyer. Hiring an attorney before filing for divorce is particularly beneficial.
Don’t Let Your Emotions Get the Best of You
It can be easy to fall into emotional traps while waiting for your case to proceed. Still, try your best to remain positive and remember that emotions are fleeting.
Focus on the Outcome
During idle time, it can be tempting to act in a way that may negatively impact your case. Keep your focus on a positive outcome, and do everything necessary to achieve your goals for your case.
Seek Legal Representation From a Minnesota Divorce Lawyer
Waiting can be tough, but you don’t have to do it alone. The
divorce lawyers at Johnson/Turner Legal are ready to assist you with your divorce, protect your rights, and fight for the best possible case result.
Contact our firm today to book a Quick Guidance Call.
