The Minnesota Divorce Process

Step 1 - 7 process.

Alternative Dispute Resolution is often a productive way to resolve family law issues. If Alternative Dispute Resolution is right for your case, you will participate in Mediation, an EarlyAlternative Dispute Resolution is often a productive way to resolve family law issues.

Mediation is often the most affordable way to reach a resolution during a divorce. Some courts even require that couples attempt to mediate their divorce before going to a trial. Although the process is more affordable than going to a trial, it is not free. Typically, both spouses will split the cost of mediation.

Early Neutral Evaluation has two components: Social Early Neutral Evaluation, also known as SENE: dealing with custody and parenting time issues & Financial Early Neutral Evaluation, also referred to as FENE: addressing all financial issues in a divorce.

Arbitration is a form of alternative dispute resolution and is a process where a neutral third party decides a dispute between the parties outside of court. Parties may go to arbitration either because the Court ordered arbitration or because the parties agreed to use arbitration. Sometimes, the Court will order the parties to arbitrate the issues of personal property. In that scenario, both parties would submit their case to the arbitrator and the arbitrator would make a binding decision relative to the disposition of the personal property.

A Moderated Settlement Conference is a process that fits under the umbrella of Alternative Dispute Resolution. Typically, this is an avenue that is used by the parties to settle their case. Most of the time, a Moderated Settlement Conference is ordered by a Judge with the consent of both parties and their respective attorneys when trial is on the horizon. This is simply another effort at resolving the case before all of the contested issues go to trial.

At Alithis Family Law, LLC, we know that each divorce is different and should be treated as such. Your divorce may be contested, uncontested, or even a collaborative divorce. You and your spouse may not be ready for a divorce but need to spend some time apart.

A legal separation does not dissolve the marriage, but it does provide a solution for couples who wish to part ways. A Marital Separation Agreement is a contract between you and your spouse that can deal with many issues from division of personal property to child custody arrangements.

A contested divorce is when the parties do not agree on key issues. Going through a divorce is never easy, especially when there is disagreement between the parties. Because each case is different, some are resolved sooner than others. However, there are typically four stages in the general process:

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.

A collaborative divorce is when both parties agree to reach a settlement outside of court in order to avoid a potentially uncertain outcome. This option is generally less time consuming and more cost-efficient than a traditional divorce. Both parties and their attorneys must voluntarily sign a participation agreement stating that they will use the collaborative divorce process and attempt to reach an agreement in a friendly manner.

If an agreement is not reached between you and your spouse, the divorce will go to trial. At Alithis Family Law, LLC, our attorneys can successfully strategize and help you through your Minnesota divorce trial. Our attorneys have extensive experience with all of the issues that come up in a divorce and will represent you aggressively to reach an outcome that is fair and in your best interest based on your unique situation.

Spousal Maintenance can be awarded on either a temporary or a permanent basis, depending on the facts of your particular case.

First, the Court must determine whether or not to award a party spousal maintenance. The next question is the appropriate amount and duration of the maintenance. Unlike child support, there is no precise formula that determines what one spouse must pay the other for spousal maintenance.

First, the Court must determine whether or not to award a party spousal maintenance. The next question is the appropriate amount and duration of the maintenance. Unlike child support, there is no formula that determines what one spouse must pay the other for spousal maintenance.

Spouses have the option to come to a private agreement that will waive spousal maintenance altogether, called a Karon waiver. This means that both spouses voluntarily agree that they do not need financial support from each other. If a spouse waives spousal support, they are unable to return to court at a later date and request maintenance no matter the circumstance.

If your divorce case involves spousal maintenance, chances are good that either you or your spouse may have to participate in a vocational evaluation. A vocational evaluation is helpful when the earning capacity of both spouses must be determined before spousal maintenance can be decided.

Property Division during a divorce can be relatively straightforward, or it can be more complicated, depending on the value and number of assets the divorcing couple has.

In Minnesota, a court must make a just and equitable division of marital assets (including debt) without regard to marital misconduct during a divorce. In other words, how a party conducts him/herself during a marriage will not typically impact his/her share of the marital property.

The court distinguishes property in a divorce proceeding in two categories: marital and non-marital property.

If a business is owned by one or both of the parties, it is a good idea to get a business valuation from a private expert. If the business was acquired during the marriage or if it was operating during the marriage, it is a marital asset regardless of who actually owns the business on paper.

If one spouse earns retirement benefits during a marriage, the other spouse has a marital interest in those assets. In other words, retirement accounts are subject to division following a divorce even if the account (e.g. pensions, 401(k) or 403(b) plans, traditional IRAs, and Roth-IRA) is only in one spouse’s name.

If you or your spouse has a pension, it might be subject to division during a divorce. Pensions are structured so that the recipient receives a set amount of money per month after retirement. This is different than a 401(k) plan, for example, where the recipient has access to a lump sum at retirement age.

If you or your spouse have any investments, they may be subject to division during a divorce regardless of whose name is attached to the investment. Investments come in many forms, including, bonds, stocks, and real estate.

Marriage between two individuals of the same sex is legal and recognized in Minnesota. This means that for all marriages performed on or after August 1, 2013, same sex couples have the same rights to marriage, divorce, marriage benefits and responsibilities as opposite sex couples in Minnesota family court.

When one spouse lives in Minnesota and the other spouse lives in a different state or country, a number of issues may arise when deciding where the divorce should take place.

A prenuptial agreement is a contract that spells out what you and your spouse will receive from the other in case the marriage ends in divorce. Common cases where the parties seek a prenuptial agreement are where one party has significantly more assets than the other or one party has been married previously.