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Divorce FAQs PDF Print

 

Does Minnesota have a divorce waiting period?
No, there is no waiting period or mandatory separation period required.  However, in order to obtain a divorce in Minnesota, one of the parties must be a resident of Minnesota for 6 months immediately preceding the commencement of the divorce. 
Do I qualify for an annulment?
In order to obtain an annulment you must prove either that the marriage is void or voidable.  Most people, howver, do not qualify for an annulment.  You may be able to get an annulment if: 
  1. A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity;
  2. because of the influence of alcohol, drugs, or other incapacitating substances;
  3. because consent of either was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties;
  4. a party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity; or
  5. a party was under the age of 18 years-old without parental consent and 16 years-old with parental consent.
As part of the divorce decree my ex-spouse said he/she would pay the credit card debt.  Do I still have a legal obligation to those creditors?
Your ex-spouse may be in contempt of court for disobeying a court order.  However, if you are jointly liable to a creditor, your ex-spouse's contempt of court will not excuse your non-payment.  Your contract with the creditor exists notwithstanding and you are still responsible even if your ex-spouse fails to pay.
 

Family Affairs

Jonathan Fogel is the host of Family Affairs on FM107, a show on the issues that face divorcing couples. Click here for recent recordings and more information.

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