In a divorce case, whether contested or uncontested, it can be brought in the county whichh either party lives—meaning that a party can file for divorce in either of the counties in which the Husband or Wife lives at the time of the initiation of the divorce proceeding. — See Minn. Stat. Ann. § 518.09 (2014).
When a custody/support action is brought and the parties are unmarried, “The action may be brought in the county in which the child or the defendant resides or is found or, if the defendant is deceased, in which proceedings for probate of the defendant’s estate have been or could be commenced.” See Minn. Stat. Ann. § 257.59, subd.3 (2014). Basically, if both parents are alive in such an action, the action can be brought either in the county in which the child or the defendant (often times the custodial parent if the non-custodial parent is bringing the action) resides or is found.
What you can do
It is extremely important to talk with your attorney about the county in which to bring your action, as each county is somewhat different when it comes to how judicial officers will apply the law to a certain set of facts. Make sure that you have this conversation with your attorney, especially if two counties can be selected at the initiation of a proceeding.
It is important to talk with your attorney about their knowledge of the judges/referees in the county and how the county may view and apply the law to the facts, especially how the county may differ in the application of important issues such as custody, parenting time, child support, spousal maintenance, and division of property.
At Clausen & Hassan, LLC, we offer free consultations to answer any questions or speak with you about where to file your proceeding. Potential clients can call us at 651-647-0087 or reach out via our contact page for more information about paperwork, fees or anything else you need to know.
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