The divorce process is different than a traditional legal transaction, because it addresses the things that are most important to individuals and families; Custody and parenting time, e.g. who is making decisions about your children and when you will get to spend time with them are undoubtedly the biggest concerns when faced with the idea of proceeding with a divorce. In addition, the financial aspects of preserving your financial resources and securing the support necessary to continue to meet your monthly expenses are often one of the biggest concerns when the process is just starting out. At CC&S Family Law, it is our goal to make sure our clients understand the process, and what to expect throughout the process in Minnesota.
How is the process started?
In order to start a divorce in Minnesota, a Summons and Petition are necessary. The Petition tells the Court who you are and what you need the Court’s assistance with. Sometimes this may be completed as a “joint petition” with your spouse, or one spouse may complete the Petition as the “Petitioner” and the other will prepare an Answer and Counter Petition as the “Respondent.”
What if my spouse served me before I could serve them?
Never fear. There is no advantage to being the “Petitioner” or the “Respondent” in the divorce process. Minnesota is what is referred to as a “no-fault” state. Therefore, the cause of the end of the relationship is not something the Court considers, nor does the Court treat the Petitioning party different than the spouse who ends up “Responding.”
My spouse doesn’t want to get divorced, now what?
In Minnesota only one party needs to feel the marriage has ended for a divorce to occur. While your spouse may try to contest that the relationship has ended, the Court is likely to proceed with or without your spouse’s participation. If they refuse to answer or appear in Court, then the matter would proceed by what is referred to as a default hearing, and the Court is likely to grant the requesting spouse what they are seeking including ending the marriage.
What if we don’t agree upon everything but don’t want to “litigate” our divorce?
In Minnesota, either you and your spouse will reach an agreement about how to divide the marital assets and debts, and what custody and parenting time will look like. If you are unable to agree, the case will be assigned to a Judge (or a referee in certain counties) who will hear both of your perspectives about what should happen and then make the decision for you. This is referred to as “litigation” or “trial”.
Many spouses may not be able to immediately agree upon what should happen on all the issues in their case, but also may desire to avoid the cost, both emotionally and financially of proceeding to trial. More importantly, by negotiating a settlement the parties can remain in control of the outcome of their case and where they compromise. Our attorneys at CC&S Law are focused on assisting you in negotiating a settlement of some or all the issues in your divorce case that is fair and equitable to our clients, protecting their interests and ensuring that the custody and parenting time is in the children’s best interest.
If agreements cannot be reached through direct negotiations, then we will encourage our clients to participate in alternative dispute resolution (ADR) such as mediation, early neutral evaluation (ENE), or later in the process a moderated settlement conference (MSC). Our attorneys will attend these sessions along with our client, and we do so in person if the client’s so desire or via zoom. It is our goal for you to feel supported throughout the entire negotiation process of your divorce.
How long with a Divorce in Minnesota take?
The answer is it really depends. If you and your spouse are able to reach a full agreement, then the process of putting that agreement into the final divorce decree, referred to by the Court as a Stipulated Judgment and Decree, and submitting it to the Court for final approval can be done in just a few weeks’ time. If there continue to be disagreements that cannot be resolved through negotiations and a trial is needed, then the process can take time and is subject to the Court’s availability. Each County in Minnesota handles their scheduling of divorce cases differently, and so the length will vary from County to County but can be up to a year or more after your initial start of the Case to get to the trial stage.
How can I best be prepared to start a Minnesota Divorce?
The best way to start a divorce is to gather all information you can find about the assets and liabilities owned by either you or your spouse. Under Minnesota law, if you are married, it does not matter how an asset is titled, or whose name the asset is held in, if it was acquired during the marriage it is considered marital. Gathering the information and understanding what the marital estate looks like is a first good step. However, many clients find that they may not have a clear picture or understanding of the assets. That is okay, at CC&S Family Law, we are experienced in helping clients understand and gather the necessary information to ensure that all of the marital assets are accounted for. If your spouse is not forthcoming with information we can send use discovery tools, such as requests for production of documents, and subpoenas if necessary to ensure that we have a full and complete picture of marital estate.
Contact Us Today
Having knowledgeable attorneys by your side who are familiar with Minnesota Divorce Laws, and all of the aspects that need to be considered when dividing the marital estate, or agreeing upon custody and parenting time is essential to the best possible outcome to secure your finaicial future and ensure that your children’s best interests are served. Working with one of the experienced family law attorneys at CC&S Family Law will ensure the best posible outcome for you and the division of your valuable retirement assets. Call us at 763-561-2800 for a free consutlation.
