Overview

Minnesota is a no-fault state, meaning that couples only need to demonstrate that they do not want to continue with the marriage and it is unlikely they will reconcile their differences. This is commonly referred to as “an irretrievable breakdown of the marital relationship,” or uncontested divorce.

An uncontested divorce is when the parties agree on all of the issues, including: child custody, child support, tax deductions and exemptions, property division, spousal maintenance, and any other divorce-related dispute. The two spouses will enter into a comprehensive settlement on all issues pertaining to their divorce and therefore, the Judge will not have to make a contested decision.

This process can be less time consuming and more cost efficient than a contested divorce. It is fairly common for only one spouse to hire an attorney during an uncontested divorce. However, it is important to keep in mind that the same lawyer cannot represent both spouses. If you hire our divorce attorneys for your uncontested divorce, we only represent you, not your spouse.

The paperwork for an uncontested divorce includes: a stipulated judgment and decree, divorce summons and petition and some other pleadings that are required for all divorce proceedings. The parties must sign the agreement to make the divorce official. The paperwork must also be filed with the court and signed by a judge.

Once a judge has signed the agreement, notification will be sent out that the divorce is final. However, if the judge has any concerns about the fairness or legality of the agreement, you may be required to attend a brief hearing so that you and your spouse may explain the terms of the agreement to the court. Our Minnesota divorce attorneys can ensure that the correct paperwork is filed and everything is done to the court’s satisfaction so that the divorce is final and you can move on with your life.

Even an uncontested divorce poses significant challenges that are best faced with an experienced attorney by your side. It is important to have a lawyer who will strive to achieve your goals. At Clausen & Hassan, our lawyers pride themselves on how they serve our clients. Please, reach out today for your free consultation—you can call our office at (651) 647-0087 or contact us by email at info@clausen-hassan.com.