In some states, marriage counseling is required before a party can file for divorce.  In Minnesota, there is no requirement that the parties attend marriage counseling before filing for divorce.  Instead, Minnesota law requires the spouse filing for divorce to have been a resident in the State of Minnesota for the past 180 days and state that there has been an irretrievable breakdown of the marriage.  If one party alleges an irretrievable breakdown of the marriage, this is typically sufficient for a Court to ultimately enter a divorce decree.

Should Spouses Attend Marriage Counseling Before Filing for Divorce?

While there is no requirement to attend marriage counseling, parties may find marriage counseling as a vehicle to “save their marriage” and reconcile with one another.  At the same time, attending marriage counseling may be a waste of time and resources when the writing is already on the wall.  It is also possible for spouses to attend marriage counseling after filing for divorce and during the divorce proceeding.  In the event the parties wish to explore reconciliation, the divorce proceeding can be put on hold or even dismissed based upon the agreement of the parties.

Consulting with a Minnesota Divorce Attorney

If you are contemplating a divorce proceeding, it is very beneficial to speak with an experienced divorce attorney.  Please contact the attorneys at Gilbert Alden PLLC for a free consultation in order to learn more about your rights and the divorce process.