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Commonly Asked Questions about Minnesota Divorce Discovery Forms

In Minnesota, your spouse need not be in agreement about your request for a divorce, but it is your job to demonstrate that your marriage is irretrievably broken, which may require going to mediation and potentially to trial (if your spouse refuses to agree with your assessment).
Parties may obtain discovery by one or more of the following methods: depositions by oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property; for inspection and other purposes; physical (including blood) and mental examinations Minnesota Court Rules, Rule 26 - MN Revisors Office mn.gov courtrules mn.gov courtrules
Possible legal benefits of filing first This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce.
In Minnesota, you do not have to be separated before you get divorced. The process to get a legal separation takes as long as a divorce, and may cost as much as or more than a divorce. The courts do not publish forms for legal separation.
Equitable distribution of marital wealth Minnesota is an equitable distribution state. This does not necessarily mean a 50-50 settlement of everything. But the law presumes that all assets and debts acquired during the marriage will be divided equitably, including: Your house and other real estate.