Legal Question in Family Law in Minnesota

Re: Legal Seperation Forms

Thank you for your question regarding legal separation.

I am often asked how someone can obtain a "legal separation," as opposed to a divorce. In many cases, the person asking the question may assume he or she is already "legally separated" because the parties live in different residences. In fact, legal separation, properly speaking, has nothing at all to do with where people live, and a proceeding for a legal separation is similar to a divorce.

Under Minnesota law, a married person can commence a proceeding for a divorce by serving and filing a divorce petition. Thereafter, whether as the result of a settlement or a trial, the marriage is dissolved by the entry of a divorce decree -- a court order.

A legal separation is very similar to a divorce proceeding. It is commenced by serving and filing a petition for legal separation. Thereafter, whether by agreement between the parties, or by order of the court after a trial, the court enters a "decree of legal separation." A decree of legal separation looks, in many respects, like a divorce decree. The only difference is that rather than dissolving the marriage, the parties are declared to be separated, and in some respects, the court may handle property differently.

This is not what most people think of as "legal separation," but under Minnesota law, that's what it means. Other than this, there is no such thing as a "legal separation." The popular use of the term is merely a colloquialism.

Legal separations are relatively uncommon in Minnesota. Sometimes people will petition for a legal separation, rather than a divorce, because to petition for separation you do not have to meet the six month residency requirement. In other cases, people petition for legal separation because of religious convictions that preclude divorce -- and yet they still need the protection of a court order to determine custody, child support, spousal maintenance, etc. In the "old days," what we now call a "legal separation" was often reffered to as a proceeding for "separate maintenance."

The forms necessary to petition may perhaps be found at the Minnesota Supreme Court web site, or at the web site for your state judicial district. If you are in Apple Valley (as suggested by your zip) you are in the first judicial district, and you can access some forms at the site for the first district. In general, you will need to prepare and file a summons, petition for legal separation, and a few standard court notices. Thereafter, you can bring a motion for temporary relief (maintenance, child support, custody, exclusive residence in your home, etc.) You will need motion forms to accomplish that. Be aware that commencing and concluding a legal separation is, procedurally, not unlike a divorce. So be careful, there are pitfalls.

Thank you for your question. If you have further questions, or need assistance, my contact information is below. Good luck.