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Divorce And Separation

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Are you thinking about divorce or separation but not sure where to start? Questions about property, parenting time, and support can feel overwhelming, but you don’t need to handle them without help.

At Parvey, Larson, and McLean, PLLC, we understand the stress that comes with family transitions like these. When you work with our attorneys, we take the time to listen to your concerns, explain your options, and guide you through the entire legal process. Whether you’re considering a separation or ready to file for divorce, we’ll give you honest answers and steady support.

Contact us today to arrange your initial consultation and learn more about how we can help.

What Is the Difference Between Separation and Divorce?

Separation and divorce both involve spouses splitting up, but they mean different things under the law.

In Minnesota, legal separation lets couples stay married while the court decides matters like custody, property, and support. State courts will grant legal separations if they find that “one or both parties need a legal separation.”

North Dakota also allows legal separation. Like in Minnesota, the court can make decisions about parenting, property, and support in a decree of separation while the couple stays legally married. State courts will grant temporary or permanent separations for the same grounds as divorce.

Some people choose separation instead of divorce if they want time apart without ending the marriage. A legal separation works a lot like a divorce in court, but the couple stays married. This can be a better option for some people due to religious beliefs, financial reasons, insurance concerns, hope for reconciliation, or the desire to have time to prepare for divorce. Legal separations are not right for everyone. It’s important to discuss and understand the permanency of any decisions you are making and what may happen if a divorce is pursued down the road.

A divorce or dissolution of marriage ends the marriage completely. After a divorce in either state, each person can remarry and no longer shares legal ties of marital status with the other. Divorce cases also involve finalized decisions about children, money, and property. 

What Are the Grounds for Divorce?

In North Dakota, you can file for divorce based on no-fault or fault-based reasons. You can get a divorce just by claiming that the marriage has ended because of “irreconcilable differences.” However, North Dakota also allows for divorce on fault-based grounds like adultery, cruelty, drug abuse, or desertion. If you cite a fault-based reason, you must show proof in court, which can be complicated. The vast majority of divorces in North Dakota are no-fault cases.

In Minnesota, the law only allows for no-fault divorce. In a no-fault divorce, you don’t need to prove that your spouse did anything wrong to get divorced. You just need to affirm the marriage has broken down and cannot be fixed. The court does not look at blame or bad behavior. Even if one person wants to stay married, the judge can still grant the divorce if the other person says the marriage is over.

Residency Requirements for Divorce

In North Dakota, to obtain a divorce, one spouse must live in the state for six months, but you don’t have to wait that long to file. You can file your case before the six months are up, as long as the initiating party will have met the full six-month requirement by the time the court finishes the case.

In Minnesota, the rule works a little differently. At least one spouse must live in the state for six months before filing for divorce. You can file in the county where either spouse lives. If one of you is in the military and stationed in Minnesota, that counts as meeting the residency requirement, too.

In both states, only one spouse needs to meet the residency requirement. The other spouse can live in another state or even in another country. As long as one spouse meets the residency requirement to obtain a divorce, the court can grant the divorce. Keep in mind that, in some cases, certain property or child-related issues may need to be dealt with in another state. Proper jurisdiction can be a highly-complex analysis, and you want to make sure you are handling these issues in the right place, especially if the parties live a long distance apart.

How Property Division Works in Divorce Proceedings

In both North Dakota and Minnesota, courts use “equitable distribution” principles when dividing marital assets and debts. This means the court divides marital property in a way that it believes to be fair, though it won’t automatically split everything 50/50.

North Dakota courts follow something called the Ruff-Fischer guidelines, which consider factors like the length of the marriage, each person’s income, and how much each person contributed during the marriage. In a longer-term marriage, a division closer to 50/50 is generally more appropriate. That may not be the case in a very short-term marriage.

Minnesota also uses a fair division approach. Judges look at each person’s needs and financial situation. They also consider how much each spouse helped build or support the household, whether through income or other kinds of work, like raising children. 

Why You Need a Divorce and Separation Attorney

Divorce and separation can bring up a lot of legal and personal issues. If you’re going through either process, you need and deserve someone on your side who knows the law and can protect your rights from the beginning. An experienced attorney can give you clear advice, handle legal paperwork, meet deadlines, and guide you through court procedures so nothing gets missed.

Your divorce or separation lawyer can help you understand what the court needs and how to present your case. If you have assets you owned before the marriage or received as a gift or inheritance, they can help you show that those items should stay with you during property division proceedings.

If your case involves conflict or hard feelings, an attorney can also help you avoid mistakes and stay focused on the legal facts. Their job is to help you reach a fair outcome and protect your future. 

Why Choose Parvey, Larson, and McLean, PLLC?

At Parvey, Larson, and McLean, PLLC, we focus on people first. We listen. We care. And we fight for your best outcome. Our attorneys have spent decades handling family law cases across North Dakota and Minnesota. We don’t just practice this area of law—we live it. Like you, we’ve faced life changes, loss, and hard choices. We’ve all experienced a family law situation at some level throughout our own lives. We bring that personal understanding and empathy to every case we handle.

We serve clients in West Fargo and throughout North Dakota and western Minnesota, offering honest advice and steady guidance from start to finish. Our attorneys know how family laws work in both states, and we use that knowledge to support your goals. Whether you face divorce, legal separation, custody questions, or property issues, we’re here to help you make strong and reasoned decisions.

When you come to us for help, you will work with an attorney who gives you personal attention, clear communication, and real support. We don’t do one-size-fits-all solutions. We look at your situation and help you find a path forward that fits your needs and values. 

Contact Our Divorce and Separation Lawyers Now

Do you still have questions about divorce or separation? Contact Parvey, Larson, and McLean, PLLC, to get started with your initial consultation. Our team will listen, explain your options, and help you take your next steps. 

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