Attorney Todd Dwire speaking with staff member in conference room

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How To File For Divorce In Minnesota

To be able to get a divorce, or “dissolution of marriage,” you must have been a resident of Minnesota for 180 days or longer prior to starting your divorce. Your spouse doesn’t have to live in the state. You will file with the court of the county you live in, and you will need to confirm that you currently reside there.

There are documents you will need to draft throughout the divorce process, starting with a petition. At Dwire Law Offices, in Lakeville, Minnesota, we give you all the help you need. Our attorney will guide you through the complexity and intricacies of these documents and help you gather the necessary information.

Understanding The Divorce Process

Your spouse will have to be served with a summons and petition. This is typically done by a friend, relative or professional processor, and he or she will have to fill out a form verifying that the petition was handed directly to your spouse. We will help you ensure that the petition is served properly so it is valid and you can get things moving forward.

If you are served a petition, our lawyer can help you determine how to move forward with your response. The respondent has 30 days to respond to the petition.

Once a response is received, we will file your case with the county. Within seven to 10 days, you will receive a notice to appear for an initial case management conference (ICMC). The primary purpose is to determine if you and your spouse are interested in participating in mediation or the early neutral evaluation program (ENE). If so, you will schedule a date and exchange the required information. We will help you with this as well.

Mediation and ENE are opportunities for you and your spouse to work with a mediator or neutral evaluator to come to an agreement on how you will separate your lives. These processes give the two of you control over the outcome of your case. The goal is for the two of you to reach a settlement that allows us to create a judgment and decree to submit to the courts. We will attend these sessions with you to advise and represent you. Depending on which county you file in, once that judgment is filed, you can be divorced in as little as a week or up to a few months, depending on the family court’s schedule.

If your divorce case goes to court, it will probably take longer and cost considerably more than if you had reached a settlement. Our goal is to get you through this process as quickly and efficiently as possible while protecting your interests and helping you get what you need to go forward with your life. However, we are not afraid to take your case to trial if necessary.

Can You File For Divorce Without A Lawyer In Minnesota?

You may consider filing for a divorce without a lawyer. However, the decision to proceed without legal representation should be carefully considered.

In Minnesota, you have the right to represent yourself in a divorce proceeding. It is known as “pro se” representation. To initiate the process, you must file a Summons and Petition for Dissolution of Marriage with the district court in the county where either spouse resides. The forms required for this process are available online through the Minnesota Judicial Branch website.

Once the forms are completed, you should file them with your county district court. Depending on the county’s specific rules, you can do this in person, by mail or electronically. Also, you must pay a filing fee when submitting the paperwork. You may apply for a fee waiver.

After filing the forms with the court, you must serve the divorce papers to your spouse. You can use a third party, such as a sheriff’s deputy or a professional process server. Once your spouse is served, they have limited time to respond to the petition. If they agree with the terms, they may file an answer that reflects this agreement. If not, they can contest the divorce, leading to further legal proceedings.

Minnesota law requires that specific forms and documents be correctly completed and submitted. These include, but are not limited to:

  • Financial documents
  • Parenting plans (if children are involved)
  • Proposed divorce decrees

Failure to accurately complete and file these documents can result in delays or even case dismissal. Divorce without legal representation may be more feasible in cases where both parties agree on all terms, including division of property, child custody and support arrangements.

However, even in amicable situations, unforeseen legal complexities can arise. Disputes over assets, debt or parenting time can complicate the process. While hiring a divorce lawyer in Minnesota is not mandatory, it is beneficial. They can provide valuable guidance, help ensure all legal requirements are met and advocate on your behalf. This can save you time, money and emotional stress.

Frequently Asked Questions Surrounding Divorce In Minnesota

Our attorney, Todd Dwire, gets all types of questions regarding divorce. We are here to answer your questions. We understand your concerns and work to ease them. In the meantime, here are some answers to our most frequently asked questions about getting divorced in Minnesota. For answers to your specific questions, our firm offers a free initial consultation.

How is divorce different than a separation?

With a legal separation, you are still able to obtain some of the advantages of being married. Whether it is for religious purposes or to make a potential divorce easier down the line, a legal separation may be perfect for your specific case. While both may take similar amounts of expense and time, a divorce is more final in that it completely ends your marriage.

Can I have my marriage annulled?

Possibly. There are certain statutory requirements that must be met in order to have an annulment. We can help you figure out if you qualify.

How much does a divorce cost?

This varies depending on the facts of each case. Factors that weigh into this are whether there are children involved, whether the parties can cooperate and come to their own agreements, and whether we have to take your case to court.

How does property get divided in a divorce?

The division of property and wealth can get very contentious, especially in a high net worth divorce. In the state of Minnesota, property is divided equitably. This means that the court will evaluate all of a couple’s marital assets and make sure that it is divided fairly. For example, retirement assets will be sorted out so that each person has an equal amount, even if only one spouse accumulated the retirement fund.

How do I change my child’s last name?

Both parents must receive notice of the application for a name change. In order to legally change the child’s name, you must show proof that the other parent has received that notice.

Will I get alimony or spousal support?

It depends. The court will look to a variety of factors when considering and calculating alimony or spousal support To calculate alimony, the court will consider several factors including the length of the marriage, the financial resources of each spouse, the earning ability of each spouse and the quality of life maintained during the marriage.

My adult child is divorcing. As a grandparent, do I have any rights?

Grandparents have rights. Depending on the facts and circumstances of your adult child’s divorce, grandparents may even qualify for custody. If you are concerned about the well-being of your grandchild and would like to seek grandparent custody, we advise clients on grandparent rights throughout the Twin Cities metro area, including Dakota County, Washington County, Hennepin County, Ramsey County, Rice County and Scott County.

You Do Not Have To Go Through The Divorce Process Alone

At Dwire Law Offices, we understand how overwhelming the divorce process can be. You can rely on us to guide you through each step of the process so that you always feel comfortable with your next steps.

To schedule a free consultation, call us at 952-232-0179 or fill out our online contact form to send us a message.