Getting a divorce in Minnesota is never a pleasant process. Even if you are able to part with your ex amicably, the process of a divorce is still emotional and painful. The life that you built together has to become separate, and who people that started out as friends have become segregated. A Minnesota divorce decree is a powerful document. It often contains life changing rules to abide by, which may include rules about children, child custody, child support payments or child visitation. It may have specific financial information such as alimony payments, spousal support payments or spousal maintenance payments. If circumstances in your life change, you may want to consider modifying your divorce decree. You may also need to modify your divorce decree from another state while living in Minnesota.
The problem with divorce decree modifications is that they fall under the jurisdiction of the court that created the decree. This means that if you move out of the state from where you obtained the original divorce decree, chances are you will need to hire a divorce attorney or family law attorney in that state to modify your decree. This can be a time consuming and frustrating process for everyone involved.
Attempting to modify your own divorce decree as a pro se or pro per litigant can prove challenging. Court procedures can be difficult to understand and the laws that regulate these modifications can be difficult ot understand. Because law is interpretive, it's a good idea to get someone to help you who has an excellent understanding of divorce and family law to protect your interests.
You could attempt to change the jurisdiction of the divorce by applying for a change of venue in your local court. This may or may not require the payment of filing fees before your application for change of venue can be processed. There is a slim chance that the judge may grant your application for change of venue, but don't count on it. Divorce decree modifications really do need to be handled in the court that they were initiated in, to help prevent putting either party at a disadvantage.
Local rules vary widely among different courts and jurisdictions. What is a typical procedure for one state may not be typical for another. For this reason, you should hire an experienced attorney who specializes in family law matters for a divorce decree modification. You may need to provide this attorney with additional information and copies of relevant paperwork so that the attorney can initiate the modification. It is also worth noting that not all divorce decree changes or modifications are approved by the court. The judge will have to review your request and your case history and receive input on your proposed changes from the other party, also known as your ex-spouse. If the ex-spouse contests your changes, you may have difficulty obtaining your divorce decree modification.
Your attorney will be your best bet towards getting your divorce modification, as the attorney has experience with the court system and a clear understanding of the intricate laws that regulate divorce proceedings. Contact an attorney to make sure that the modification that you are seeking will be truly beneficial to you and to ensure that you are making the right decision in your best interests.
Please note that this article was written for general educational purposes only, and should not be construed as legal advice. I am not a licensed attorney and I am not dispensing legal advice.