How to File for Legal Separation in Minnesota
- 1). File a petition in the district court in your county. You can find a list of district courts at the Minnesota District Courts website (see Resources section). Your petition must include your and your spouse's name and address and the date and location of your marriage.
- 2). Serve your spouse with the summons of your legal separation petition. You (or a server you hire) must personally give your spouse the service of your petition. If you cannot find your spouse to serve the petition, you may ask the court to allow you to serve the petition by mail.
- 3). Wait for your spouse to answer the petition for legal separation. He or she will have 30 days to address the claims in your petition.
- 4). Negotiate the factors of a legal separation. If you and your spouse can come to an agreement on these issues, a judge will usually sign off on whatever you two have decided. If all factors are uncontested, the judge may grant legal separation without a hearing.
- 5). Attend the hearing if the details of the legal separation are contested. The judge will hear both sides of the contested issue and rule for one side. After all issues are decided, he will grant a legal separation for you and your spouse.
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