Highlights

  • A Minnesota divorce (where we’re based) can play out amicably, affordably, and quickly through mediation – or it can take months and incur significant cost and complexity by involving the courts at every step.

  • When you file for divorce, consider ahead of time the implications of how property will be split (property acquired during a marriage is considered “marital assets”) and how you hope to resolve custody of minor children and spousal maintenance issues.

  • When both spouses agree on the bulk of the divorce terms, mediation outside of the court room will be more affordable and faster than a contested divorce for everyone involved. That said, even contested divorces can be resolved in a reasonable amount of time with the right legal guidance.

How To Get a Divorce in MN

Minnesota law generally sets up the divorce process to be fluid and versatile…because divorces are not all the same. This means the specific divorce process ultimately depends on how the parties want to approach it. There are a few stops, though, that are common to every divorce.

It’s important to understand that a divorce is not complete until the court issues a divorce decree, a true legally-binding end to a Minnesota divorce, which can be accomplished in a number of ways.

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Getting a Divorce: A Basic Guide to Minnesota Law

Step One: The Divorce Petition

Under Minnesota divorce law ,and most jurisdictions in the U.S., the divorce process is officially commenced when one party (thereafter called the petitioner) serves a Summons and Petition for Dissolution, known colloquially as a Divorce Petition.

The law does not require that you immediately go to Court after this occurs. Rather, once the Summons and Petition for Dissolution are served, you are officially in the divorce process without ever filing your paperwork with the Court. The law is presumably set up this way to allow parties to work out the final terms of their divorce on their own and without the Court’s intervention.

A Divorce Petition includes a few standard elements:

  • A statement that at least one spouse meets Minnesota’s residency requirements for divorce, which is generally that they have lived in the state for at least three months.

  • A legal reason for the divorce, which can be either “at-fault” or “no-fault”. Reasons for an at-fault divorce might include abuse, adultery, abandonment, incapacitation, infertility, a criminal conviction, substance abuse, or mental illness. No-fault divorces usually revolve around the common “irreconcilable differences” or incompatibility.

A divorce petition is the proverbial “divorce papers.”

What Does a Family Law Attorney Do?

A good family lawyer will help you understand the legal process, your rights in a Minnesota divorce, the divorce cost, and how you can get the best resolution with as little pain as possible. Some Minnesota family law attorneys can also serve as mediators for both parties. Your attorney will take care of legal research, discovery (finding hidden financial assets, for example), talking to your former spouse or their attorney, filing paperwork, and interfacing with the court.

Step Two: Mediation, Or Never Having to Go to Court

Some divorces never see the inside of the courtroom.

If you can work out the terms of your divorce on your own or with a mediator, the terms will be set forth in a Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree. In other words, the terms have to be placed in a Court Order for the Court to approve and sign.

The Court can approve of the Order without you ever showing up to court IF certain conditions are met. The common conditions where this occurs are:

  1. There are no minor children of the marriage (thus no child custody issues) AND the parties have entered into a written agreement; OR

  2. If there are minor children of the marriage, the parties have signed and acknowledged an agreement, and all parties are represented by attorneys.

If your divorce does not meet either of those conditions, you are guaranteed to head to court at least once. And, the Court may still want to hold a hearing even if you meet the conditions above.

If you can’t agree or opt to get the court involved before attempting to negotiate a settlement – which is more frequently the case when spousal maintenance, child custody, and child support are contested – you will be called into court for the first hearing.

Step Three: The First Hearing: Initial Case Management Conference (ICMC)

If you file your Summons and Petition for Dissolution with the court, the court will schedule an ICMC, or Initial Case Management Conference. In some Minnesota counties, the courts hold a Scheduling Hearing or Scheduling Conference instead of an ICMC.

The point of these hearings is the same: you will tell the court where your case is heading.

Ultimately, the first hearing is the opportunity to give the court a roadmap of how you want the case to move forward. The court does not make any decisions of substance (determining custody for example) at this hearing. Once the court understands the roadmap, the court will issue an Order solidifying the roadmap and sending you on your way. This roadmap can include requiring the parties to exchange documents or to attend mediation.

Step Four: Alternative Dispute Resolution (ADR)

The courts will expect you to make an effort to settle your case, or at least part of it.

Your divorce will likely head to one of several Alternative Dispute Resolution (ADR) processes. The most common are: mediation, Social Early Neutral Evaluation (SENE), or Financial Early Neutral Evaluation (FENE).

Those processes are discussed more fully here (mediation)and here (ENE Processes), but to summarize:

  • Mediation: Mediation in the context of divorce laws is a process where a neutral third party facilitates negotiation and communication between divorcing spouses to help them reach a mutual agreement. The mediator does not make decisions for the parties but assists them in exploring solutions and understanding each perspective. This approach aims to achieve a joint divorce agreement with the other spouse related to issues like child custody, property division, and alimony in a non-adversarial manner and via a simple divorce proceeding.

  • Social Early Neutral Evaluation (SENE): SENE is a process to address and resolve custody, legal custody, and parenting time disputes. In this process, both parties present their case to a team of evaluators, typically consisting of experienced family law professionals, who then provide an assessment of the likely court outcome. The evaluators’ feedback helps the parties understand the strengths and weaknesses of their positions, guiding them towards a mutually agreeable resolution.

  • Financial Early Neutral Evaluation (FENE): Similar to SENE but focuses on resolving financial disputes in a divorce, such as asset division (learn more about marital assets and marital property here), debt allocation, and spousal maintenance without going through the full court process. A neutral financial expert evaluates the financial situations of both parties, even down to retirement accounts, and provides an assessment of how a court might rule on these issues. This evaluation aids in facilitating negotiations and helps the parties reach an agreement on financial matters early in the divorce process without the hassle of a contested divorce in court.

If you cannot settle your divorce case with the help of third-party , you will head to trial.

What Fees Can I Expect In a Divorce?

To be involved in the court system you can expect some costs for court papers when you file court forms, and for the court’s time. You may see filing fees and court administration costs, which can range from a few hundred dollars to a few thousand as time in the courts and involving judges increases. If you engage a family law attorney, you will incur fees for their time and effort – though that advice and representation can be invaluable in the long-run.

Step Five: Divorce Trial

A divorce trial is a long and arduous process. It includes not just time, but costs for attorney fees and court fees as well. Typically, you will go to trial one year after your divorce begins. You will be required to prove your case at the trial, meaning you will have to convince the court that your position (financially, for custody of minor children, for spousal support, etc.) is right.

In the court process, you will be required to submit evidence (e.g., bank records, emails, etc.); you will testify before the court; and you even have the option to call witnesses to provide testimony to the court too.

The length of your divorce process and trial depends on the complexity of the issues before the court. In some cases, trial lasts only one (1) full day and, in other cases, trial can last one (1) full week. After the Judge hears all the evidence/testimony and the trial ends, the Judge has ninety (90) days to make a decision.

Trial is the last stop for your case in the legal process, and all cases that do not settle end at trial.

When possible and spouses agree on many of the big picture items, including being able to settle custody outside of the court system, everyone wins.

Step Six: Finalize a Judgment

Whether you’ve been through an amicable divorce process or a highly contested divorce, a Divorce Decree is the final outcome. This court-issued document is the official paperwork you need to consider your marriage ended. It also explains in detail the many nuances to your situation: child custody, spousal maintenance, and more.

Step Seven: Appeals or Modifications

If you receive an unfavorable ruling in the end, you do have options:

  1. Amendment: you can file a motion to amend the court’s findings before the same judge who decided your case.

  2. Appeal: you can file an appeal with the Minnesota Court of Appeals

  3. Modify: A divorce decree modification are common when one party’s circumstances have changed significantly, making the original terms of the divorce unfair. This can be financial, personal, or work-related.

If you’re not sure how to proceed with changing or appealing your divorce outcome, Alithis Family Law specializes in divorce decree modifications.

Need Help? That’s What We’re Here For

Ultimately, your goal is dissolution of marriage through a divorce decree – and greater freedom in the end.. There are other hearings that your case may pass through, but that depends on your specific case. Every divorce case plays out differently. You, your spouse, your divorce lawyer, and the judge all have a role in guiding the direction of your case. The court process can easily become overwhelming, and each stop has specific rules that you must follow.

It helps to have an attorney guide you through these processes. If you have questions regarding the divorce process, call Alithis Family Law today at 952-800-2025 or reach out via our online contact form to set up a free consultation for your divorce in Minnesota.

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FAQs About The Divorce Process

What is an uncontested divorce?

An uncontested divorce is when both spouses agree on all major issues related to the dissolution of their marriage. This includes agreement on matters such as child custody and visitation, legal custody, physical custody,, spousal support (alimony), property division, and debt allocation. Since there is no dispute over these issues, an uncontested divorce typically involves less conflict, can be more cost-effective, and often proceeds more quickly through the legal system compared to a contested divorce, where the parties have disagreements on key issues.

What if my divorce is due to domestic abuse?

If your divorce involves domestic abuse, it’s essential to prioritize your safety and the safety of any children involved through a physical separation, then legal separation first.

If file for divorce due to domestic violence, the court will likely side with you in regards to child support and child custody issues. If you can, document evidence of the abuse.

What is a joint petition?

A joint petition in the context of divorce is a legal document filed by both spouses together, indicating that they are mutually seeking a divorce and typically agree on all major aspects of the dissolution of their marriage. This type of petition is often used in uncontested divorces, where both parties have reached an agreement on issues such as personal property, property division, child custody and support, spousal maintenance/alimony, and other relevant matters.

What if I have significant or complicated assets?

Complex and high net worth divorces, often involving business assets, are a specialty of Alithis Family Law. We can help you navigate your legal rights, financial support, understand total fair market value of assets, and ultimately retain or obtain as much of your marital property (or protect your non marital property) as possible.

What if I don’t like how the court rules?

The Minnesota judicial branch is here to serve us, the people, but not everyone likes the outcome of their divorce in Minnesota. If you take issue with a Minnesota court, or hope to change the course of your court hearings, an experienced attorney may be able to help you with post-decree resolutions. This commonly includes changes to child custody and spousal maintenance.

What happens to unpaid debts during a divorce?

When dividing property during a divorce, Minnesota law requires a fair and just split of “marital property”. This is any property acquired or grown during the marriage, though often excluding inheritances, property protected by a prenuptial agreement, and sometimes property acquired with non-marital funds.

Marital property is expansive, including:

  • Debts

  • Bank accounts

  • Retirement accounts

  • Real estate

  • Personal property

  • and much more

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