Minnesota Temporary Relief
When going through a divorce, the spouse that is financially dependent upon the other may find that they have no money to live. Many times this very reason prevents some individuals from filing for divorce when they have just cause. In other cases, the spouse who is the breadwinner will file divorce, leaving the other with no money to live on. When this occurs, it is possible to file for Minnesota temporary relief in order to receive money during the divorce that will pay for living expenses.
Temporary Relief Without Children
If you do not have children you can still apply for temporary relief. You will need to obtain a form through family court or you can obtain the form online at www.courts.state.mn.us.
However, it is a good idea to have a Minnesota family lawyer by your side. The court expects that every person appearing in court without a lawyer has full knowledge of the law. In other words, the court perceives this as you acting as your own lawyer. If you find that you cannot answer the questions on the form, you will need to see a Minnesota family law attorney to understand it. If the form is not filled out correctly, you will find that the application will be turned down.
Here are some of the questions you will have to answer:
- Whether you are the petitioner or the respondent
- You will need to fill in the amount of relief that you are requesting
- You will need to state who should temporarily live in your shared residence and if the home is owned or rented
- You will need to state whether or not you and your spouse have divided your personal property
- Whether or not you and your spouse own motor vehicles and whether or not you are making payments and insurance payments on those vehicles
- The number of children the other spouse may have from a previous relationship
- Amount of money due on secured debts and their payments
- Gross monthly income and total deductions
You must sign and date the application in the presence of a notary public. You will also need to attach supporting documents such as pay stubs.
It is then your responsibility to serve your spouse. You may do this by mail or you may do this in person. You must make sure you have copies of the Notice of Motion and Motion forms that you will receive. You must also make copies of the affidavit and of the Application of Temporary Relief. Your spouse receives one copy of each. You must ensure your spouse is served at least 17 days before the hearing if mailing the documentation. If you do not mail the documents, you may have someone else serve as your server. If done in person, the papers should be delivered at least 14 days before the hearing.
Temporary Relief With Children
Minnesota temporary relief with children operates the same as temporary relief without children. You will simply have to answer questions about your children, such as who should have temporary legal and physical custody, why your request is best for your children, whether or not you want a parenting schedule, financial needs of the children, child support issues, and any other relevant information regarding the children.