Divorce Process in MInnesota

Counties may have procedures that differ slightly with regard to the divorce process. The general process is include below.

Filing the Petition for Divorce

The divorce process begins with filing a Petition for Dissolution of Marriage. This document outlines your requests related to property division, child custody, child support, spousal maintenance, and more. Filing must occur at the district court in the county where either spouse resides, with a filing fee of approximately $375 to $400. Those with financial difficulties may apply for a fee waiver.

Serving the Petition

Successfully filing the petition is followed by serving it to the respondent, ensuring they are officially notified. This involves delivering a copy with a summons via a sheriff, process server, or an adult non-party. The respondent has 30 days to file an Answer and Counterpetition to contest any aspects.

Temporary Orders

Due to the extended timeframe of divorce resolutions, temporary orders might be needed for critical issues like child custody or spousal support. A motion for temporary relief is filed early, and a judge decides these at a temporary hearing, securing necessary interim support.

Discovery and Negotiation

This phase involves evidence sharing to guarantee transparency regarding income, expenses, assets, debts, and parenting practices. Tools utilized here often include interrogatories and document requests. Minnesota encourages mediation—a neutral third party helps resolve disputes, often saving time and stress.

Settlement or Trial

Achieving agreement across all issues leads to a Marital Termination Agreement filing, rendering the divorce terms legally binding post-approval. Failing agreement advances the case to a trial where a judge makes final decisions—trials can be complex and costly and are typically the last resort.

Finalizing the Divorce

Legal closure arrives through a Judgment and Decree, finalizing the divorce. This decree officiates marriage termination and enforces agreed-upon divorce terms. Knowing these steps equips you for navigating this potentially challenging journey.