Following trial and final written submissions, the judicial officer is allowed up to ninety days to issue written "Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree" which is the legal document dissolving your marriage and deciding all issues involving your children, property division, child support, spousal maintenance and attorney fees. After the issuance of the Judgment and Decree, Minnesota Law has a set procedure and time limit to allow either party to ask the court to correct any perceived or actual errors; to argue to the court to change its' decision; or, to argue that based on alleged errors, a new trial should take place. Although a new trial is rarely granted, it is not uncommon, especially when presented with complex issues, for the Court is slightly amend its' decision following the original judgment and decree.
If you are trying to obtain your dissolution on your own and there are children involved, you will be required to have at least one hearing in front of the judge. You will have to use the generic documents provided by the courts such as the Petition for Dissolution of Marriage and Judgment and Decree. These documents will not be specific to your needs or specific fact situation.
In cases where you and your spouse cannot come to an agreement on major issues, the judge will schedule a bench or jury trial that will require you and your spouse to present arguments supporting your respective positions. In the vast majority of trials, it is the attorneys with trial experience that do most of the arguing and presenting of evidence.  In addition to the legal fees paid to the attorneys, there are usually many court costs involved in a trial and pre-trial proceedings.
Minnesota is a purely "no-fault" divorce state, meaning that you can't allege that your spouse's wrongdoing was the cause of the divorce. Instead, most divorces are based on the grounds that the parties have irreconcilable differences that have led to the breakdown of the marriage. However, fault may be considered by the court as a factor in dividing property or awarding alimony. To learn more about whether Minnesota uses fault as a determining factor in alimony and property issues, see Nolo's Essential Guide to Divorce, by Emily Doskow.
When custody is in dispute, a Minnesota court issues a custody order that is in the "best interests of the child." Joint custody will only be awarded if parents have shown the court that they are willing and able to cooperate. A court also examines several factors with the child's welfare in mind. They include (1) the child's preference, (2) each parent's health, (3) the child's health and whether any special needs exist, (4) each parent's relationship with the child, (5) which parent has been the child's primary caretaker, (6) each parent's ability to provide a stable environment for the child, (7) any history of domestic violence or child abuse and (8) any allegations of abuse.
Early Neutral Evaluation (ENE) in Family Court Cases - For parents who are getting divorced, this statewide program connects them with judges and evaluators early in the court process to give them an opportunity to settle their legal issues. Parties can choose to participate in one or both types of ENE: a Financial ENE (FENE) to settle financial disputes; and Social ENE (SENE) to settle custody and parenting time issues involving their children.
If your spouse tries to conceal assets, it will not benefit them. Courts do not look favorably on dishonesty. Further, divorce attorneys can use a variety of tactics to uncover assets and income, such as formal or informal discovery requests, subpoenas, contempt motions, etc.  Finally, even if you find out that your spouse concealed property after the divorce is final, the Court has the discretion to reopen the proceeding and distribute or redistribute property accordingly.
Divorce mediation is a voluntary settlement process used frequently and successfully by married couples who want to divorce, and by domestic partners who want to separate. Divorce mediation gives couples the option to plan their futures rationally, and in an atmosphere of cooperation and mutual respect. With the assistance of a trained divorce mediator, you can reach an agreement that is custom-made for your family, your finances and your future. To learn the answers to frequently asked questions about divorce mediation, please review our FAQs.
Most mediators will emphasize the problem-solving aspect of negotiation at this stage. The problem to be solved is finding settlement options that address each spouse’s most important interests as fully as possible. With this focus, you’ll be able to negotiate by trading off acceptable options instead of getting locked into zero-sum bargaining, where one spouse’s gain is the other spouse’s loss.
Early Neutral Evaluation (ENE) in Family Court Cases - For parents who are getting divorced, this statewide program connects them with judges and evaluators early in the court process to give them an opportunity to settle their legal issues. Parties can choose to participate in one or both types of ENE: a Financial ENE (FENE) to settle financial disputes; and Social ENE (SENE) to settle custody and parenting time issues involving their children.
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