The Difference Between a Divorce and an Annulment in Minnesota

Divorces or annulments are the two legal ways of calling a marital union off in Minnesota. On one hand, divorce is the process of severing legal ties between couples who cannot work out marital differences after making provisions for alimony, child custody, and support if there are children involved. Conversely, an annulment is a legal procedure of declaring a marriage null and invalid as though it never existed. In most cases, a marital union may be annulled if a party is unable to give consent due to mental illness, or one party could not consummate the marriage with sexual intercourse and hid that information from the other before marriage. The family division of the Minnesota district court has jurisdiction to hear and oversee cases about divorces and annulments.

What is a Minnesota Divorce Decree?

A divorce decree specifies the court's final decision concerning divorce. The document records the terms and conditions set and agreed upon for the divorce; meanwhile, if children are involved, there will be a court hearing to ensure that each party understands the decisions well. Afterward, the judge will sign the divorce decree, and the court will notify the divorcees that the divorce is final. The divorce decree may also include information such as:

• File number of the case and title.
• The names and any other names of the parties
• The date of the judgment and the decree.
• The former name and the new name of the party whose name was changed.

Family court documents generally include both marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records makes them considerably more difficult to find and obtain compared to other types of public records. These records are often unavailable through government sources or third-party public record websites.

What is an Annulment in Minnesota?

In alignment with section 518.02 of the Minnesota statutes, an annulment under Minnesota is the legal process of declaring a marital union invalid, thereby making every marriage record nonexistent. That said, specific grounds are considered sufficient or insufficient before granting an annulment. Sufficient grounds for marriage annulment typically include:

• A party was not up to the legally approved age for marriage.
• One of the spouses lacks the mental awareness to consent to marriage during solemnization.
• Inability to conceive, impotence, and infidelity.

Minnesota is an open records state, which means vital records are readily available to the public, following the Minnesota Data Practice Act. However, in Minnesota, vital records typically consist of marriage records, birth records, divorce records, death records, and adoption records as records for annulment are not provided. Annulment records may also be obtainable at the court.

Annulment vs Divorce in Minnesota

Divorce and annulment in Minnesota aim to dissolve a marriage legally. A divorce generally requires strict plans for welfare, finance, and property, while in the case of an annulment, the goal is to nullify a union that was not meant to be. These differences also affect the judicial processes required to obtain either of them. Getting a divorce requires one of the spouses to have lived in Minnesota for at least 180 days. Furthermore, the couples will file certain summons and petitions for dissolution of marriage, including information about debts, children, and property owned. This process often takes a maximum of 60 days before getting a final decision on the divorce. On the other hand, an annulment proceeding is quicker than a divorce. Generally, annulments are finalized within 90 days, depending on the circumstances surrounding the case.

Is an Annulment Cheaper Than Divorce In Minnesota?

Yes. In terms of finances, divorce costs more. Divorces generally involve dividing marital properties and assets, coupled with the payment of alimony in some cases. Weighing both options, an annulment is cheaper.

What is an Uncontested Divorce in Minnesota?

An uncontested divorce occurs when the participating couple agrees to the terms of the divorce or a spouse does not counter the divorce petition. According to chapter 518.06 of the Minnesota Statutes, the court can allow a decree of legal separation in case where both parties settle the essential issues of divorce, such as child custody, division of property, alimony, child support, division of debt, and parenting time. The process is often more straightforward when the couple has few properties and no minor children involved.

Where to Get an Uncontested Divorce Form in Minnesota

With or without children, the couples need to complete a joint petition form for an uncontested divorce. The spouses will also make use of the Summary Dissolution forms to meet the criteria of the Summary Dissolution Process, according to MN Statutes § 518.195. As soon as the papers are in order, the court administrator usually files the decree of dissolution after 30 days. In the case of Summons and Petition for Dissolution of Marriage, the respondent has 30 days to respond, or a default divorce judgment will be entered against the respondent.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

How Do I Get a Copy of My Divorce Decree in Minnesota?

Requestors may obtain divorce decrees at the county courthouse that handled the divorce case. However, the request process may vary, and some counties provide online access to divorce decrees. Nevertheless, Minnesota has a Minnesota Trial Court Public Access Remote View Portal to search for case records.

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Marriage and divorce records are considered highly private due to the sensitive information they contain, and they are often sealed. Therefore, the availability of these records cannot be guaranteed.

How Do I Get a Minnesota Divorce Decree Online?

Interested parties can access Minnesota divorce decrees electronically through the Minnesota Trial Court Public Access Remote View Portal. To gain access, parties are typically required to input the case number.