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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 16 years experience
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How does one go aboutgetting a LEGAL separation?

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How does one go aboutgetting a LEGAL separation?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If you are in MN, then you can get a legal separation. The major difference in a divorce and a legal separation is that at the end of a separation, you are still married. To get a legal separation you must serve and file a petition in District Court in the county where you or your spouse lives. It is a slightlly different process from the divorce process. The process to get a legal separation takes as long as a divorce, and may cost as much or more than a divorce. The courts do not publish forms for legal separation.
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In Minnesota, a proceeding for legal separation cannot be “converted” into a divorce proceeding. These are two distinctly different proceedings. If you first file for legal separation, then decide to get divorced, the attorney needs to prepare new pleadings for the divorce. A new court file is opened, with a different court file number. You might have a different judge. You will need to pay the first court filing fee of $400 for the legal separation, and you will need to pay a second court filing fee of $400 for the divorce proceeding.
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In a legal separation, it includes all the same things as a divorce. Both include custody, parenting time, child support, and, if appropriate, spousal maintenance (alimony) orders. The parties can also ask the judge to issue an order that divides the parties' assets and debts. If you decide you want to end your marriage after a legal separation is complete, you will then need to go through the court process to get divorced.
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Thanks.

Barrister

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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