MN Divorce Lawyer & Family Law
Q: What should I do before or immediately after starting a divorce in Minnesota?
A: Prior to filing for divorce or immediately following receipt of a petition for dissolution a party will want to seek the advice of a lawyer who is knowledgeable about Minnesota divorces. In addition a party will want to be prepared mentally, emotionally, and financially. The more you prepare the better a divorce typically goes. Mental preparation includes understanding the basic framework of a Minnesota divorce. Mental preparation also means preparing yourself by thinking about the important issues that will inevitably arise as a result of a divorce. Emotional preparation should include the real possibility that feelings will be hurt, that lives will be changed, and that things will not be the same as they were in the marriage. Financial preparation includes putting your papers in order. Minnesota courts are very specific in their requirements for documents. Keeping copies of tax returns, W2's, insurance policies, bank statements, investment account statements, salaries information, and property records are always necessary. Individuals are also encouraged to close joint bank accounts or at least withdraw on half of the funds. Close joint credit card accounts or have your name removed from the account. Keep track of spending by saving receipts.
Q:
How do I start a divorce proceeding
in Minnesota?
A: Divorces in Minnesota start by personally serving the other party with a Summons and Petition for Dissolution of Marriage.
Q:
What is a summons?
A: A Summons is a legal document which puts a party on notice that an action, in this case a divorce, has been started.
Q:
What is a Petition?
A: The Petition is a legal document in the action for divorce, separation or annulment which accompanies the Summons. The Petition contains the general allegations in the matter and requests relief. The general allegations typically center around child custody, child support, spousal maintenance, property division and the payment of legal fees.
Q: What happens
after my spouse is served with the summons and petition for
dissolution?
A: Upon receipt of the Summons and Petition for Divorce you have 30 days to file an Answer. It is best to involve an attorney immediately, to ensure that the attorney knows the facts of your case and can ensure that your rights are protected.
Q:
Can I see my spouses financial
records?
A: Yes, in Minnesota both spouses have the right to complete disclosure of the financial details of the other spouse. Disclosure should include income, assets, and expenses.
Q:
What are the grounds to get a
divorce in Minnesota?
A: Minnesota is a no-fault divorce state. You need only cite irreconcilable differences and you need not go into detail about the underlying reason for the divorce.
Q:
Do I have to live in Minnesota to
get a divorce in Minnesota?
A: One or both of the parties of the divorce action must have lived in Minnesota at least 180 days prior to the commencement of the proceeding.
Q: How long will it take to get a divorce in Minnesota?
A: The short answer to the question is it depends. The length of a divorce depend on both parties, their attorneys and the court system. Generally, the Minnesota Court system is very good at moving the parties through the process with efficiency. Hiring a competent attorney will also generally speed the process along. That leaves the parties, although you may think that the issues are clear cut and ripe for settlement, your spouse may not have come to terms with the divorce. The parties can disagree over child custody, child support, division of assets, division of debts, and spousal maintenance, just to name a few. One party, no matter how badly they want a divorce, does not control the speed for the processs. A good case can be resolved in as little as 3 months or less. A contested case can last in excess of a year.
Q:
How much will a divorce cost me?
A: One-third of divorces cost more than $12,000. These cases involve extensive real estate or other financial holdings. A business may be involved. The parties disagree on custody. Generally the spouse is uncooperative.
One-third of divorces cost $6,000 to $12,000. Temporary hearings are necessary. Marriages are of longer duration (10 years or more), and involve spousal maintenance some custody issues and child support. Asset division can involve division of equity in homestead or award of property, division of investment accounts and division of debt.
One-third of divorces cost $2,000 to $6,000. These divorces are for short marriages. Children not an issue. Both partners are self-supporting. Little or no real estate. Both parties are ready to settle and have a good knowledge of division of property.
The factors that often drive up the bills are:
- Dispute over child custody
- Spousal maintenance (alimony)
- Valuation of businesses
- Non-marital property issues
- Uninformed or insecure client
- Contentious spouse or attorney
- Pension or 401(k) matters
- Bankruptcy or insolvency issues
- Formal discovery of income & assets
- Trial preparation and contested trial
Q: Does it matter if I
move out of the home?
A: The choice to move out of the home depends on a number of factors. If child custody, parenting time or a dispute as to the award of the home is an issue, a party should not move out of the house. It is far to easy for a court to preserve the current situation and rule in favor of the party who remained in the house or with the party currently caring for the children.
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