This booklet explains your rights in a Minnesota divorce and includes information on custody, parenting time, child support, maintenance, abuse, and division of property. This booklet does NOT tell you how to get a divorce without the help of an attorney. Divorce law is complicated and changes often. Each case must be handled differently. Unless your divorce is very simple, it is usually a good idea to have an attorney.
Minnesota divorce laws are put in place for both the Petitioner (or Co-Petitioner) and the Respondent (or Co-Petitioner) to receive a fair divorce. Sometimes, hiring a divorce lawyer or mediator in your area is the best way to ensure that this happens. Or, if you and your spouse are able to cooperate and agree on everything, you can do your own Minnesota divorce online.
Divorce is actually a legal procedure between you and your spouse, so, in order to satisfy legal requirements, you must properly notify your spouse that legal action is being taken against them. In a divorce proceeding, this is called Service of Process, and involves delivering copies of the Petition for Dissolution of Marriage and Summons along with supporting documents to your spouse in a timely manner.
If you and your spouse have been unable to resolve issues involving your children, it may be necessary to have a formal custody/parenting-time evaluation. There is generally a monitory cost associated with this evaluation. This evaluation can be conducted by the Court Services workers in the county your action is venued in, if the county has such a department. In most counties this work is contracted out to third parties. Some parties, however, prefer to retain their own neutral expert, typically a child psychologist with expertise in conducting such evaluations. Private evaluations typically are more expensive than those conducted by Court Services. Whoever conducts the evaluation, however, will interview you, your children, and such third parties who have relevant information as are necessary, including other family members, friends, neighbors, teachers, doctors and counselors. They will observe you interacting with your children, and may also administer psychological testing. At the end of this process, some evaluators will first make an oral presentation of their findings in the hope that their summary will facilitate settlement. If not, a formal written report is issued.
The next step will be to assess where you and your spouse agree and where you need some work to get to agreement. Once you have a sense of what needs to be accomplished, you, your spouse, and the mediator will plan how you're going to accomplish it. It's very likely that you will need to gather more information, especially if you're dealing with property issues as well as child custody questions. (For example, if you don't know the value of your house, you can't have an intelligent discussion about a buyout.) The mediator will help you figure out what information you need and ask each of you to commit to bringing certain things for the next session.
The American College of Civil Trial Mediators® is a non-profit organization of dispute resolution professionals who are distinguished by their skill and professional commitment to civil trial mediation. Membership is limited to active mediators, program administrators, and academics who have achieved substantial experience in their field a ... more
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.
To file for divorce in Minnesota you must file a Summons and a Petition for Dissolution of Marriage with the Clerk’s Office of the county court. Although the exact filing fee will depend on the county in which you file, Minnesota has some of the highest in the nation with the average around $400. Whether or not you are representing yourself, you must also file a Certificate of Representation.
Your agreement can include all parts of a divorce or focus on only financial or child-based issues. Again, this is up to you. The mediation process is confidential. Aside from agreements reached in writing, everything said in mediation is confidential. Like a psychologist’s office, your mediator cannot be called as a witness to anything said in mediation. This confidentiality lets couples discuss matters more freely than before a judge and lets them move past and resolve issues.
Spousal maintenance is money paid to support an ex-spouse. Either spouse can ask for spousal maintenance, but the court will not award spousal maintenance unless there is a need for it. Spousal maintenance may be granted for several reasons. These include disability or illness or not having worked outside the home for a number of years. If there is a large difference between your income and that of your spouse, you may be in need of spousal maintenance.
In today's depressed real estate market, I often encounter the situation where a spouse had a non-marital interest in the marital homestead at the time of marriage; but at the time of divorce, the house is upside down. So the question arises as to whether or not the spouse who formerly had the non-marital interest is entitled to any kind of credit in the overall divorce property settlement.
“Legal Separation” is a major change in the status of your marriage. To get a legal separation you must serve and file a petition in Family Court in the county where you or your spouse lives. It is a separate process from divorce. In Minnesota, you don’t need to get a legal separation before you get divorced. Legal separation takes as long as a divorce, and costs just as much if not more. In many ways, a legal separation is the same as a divorce. Both include custody, parenting time, child support, and, if appropriate, spousal maintenance (alimony) orders. All the family assets and debts are permanently divided.
Often, spouses’ interests will overlap. This is especially likely if the interests involve a concern for other people, such as children. When an overlap like this occurs, it increases the likelihood of finding settlement options that address their common concerns. Of course, it’s not always possible to negotiate an agreement that satisfies fully all of the interests of the disputing parties. Some interests may have to be compromised, especially in divorce, where limited resources must be divided between two households. But if the focus is on identifying and addressing each person’s most important needs and interests, the resulting compromises will be ones that both spouses can live with.
Like all states, Minnesota courts begin with a presumption that it's best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements. However, the exact nature of the time-share will be determined by the children's best interests. For more information, see Nolo's article Child Custody FAQ.
Jay has been a licensed attorney since 1980. He began his career as a public defender before transitioning into insurance defense work where he gained valuable experience and knowledge of the insurance industry and insurance practices. After founding Tentinger Law Firm in 1997, Jay practiced in family law as well as continuing his insurance defense work. Today, Jay focuses his time to working with small businesses and their litigation needs. Jay is a member of the Minnesota, Iowa, and Nebraska State Bar Associations and a no-fault arbitrator for the American Arbitration Association. He is admitted to practice before the...
Lisa Kallemeyn is a Qualified Neutral under Rule 114 of the Minnesota Rules of Practice and serves on the Early Neutral Evaluation Panel in Anoka County for Custody/Parenting Time Evaluations and for Financial Evaluations and is one of the more experienced evaluators in the County. In addition to offering a mediation option, she maintains a family law practice. This enables her to stay in touch with the Court system and to give mediation clients a realistic picture of what to expect from the Court– whether they reach an agreement or not, and to help you reach an agreement that will be accepted by the Court. Lisa mediates all family disputes, including personal property issues.
When deciding which party to award a marital pet, a compelling argument is the pet’s attachment to the children. If there are minor children involved, who are very attached to the pet, the Court will likely award the pet to whichever parent has primary residence of the children. Another compelling argument is which party cares most for the pet. If you can prove that you were the one primarily responsible for feeding the pet, taking it to the vet, walking it, etcetera, then you will be much more likely to be awarded the pet.
All property that was acquired during the marriage is called "marital property." It does not matter whose name is on the title. Both parties are assumed to have made an equal contribution. A homemaker's work in the home counts as an equal contribution. This "marital" property is divided fairly. Usually, fairly means equally. The court will decide the value of all the property and try to divide the property so that each spouse gets approximately half of the overall value. If one spouse has misspent the family's income, or misused or taken property, the court may award more property to the other spouse to make up for that. If one spouse has special needs, the court may award more property to the needy spouse.
Janet Rowles is a mediator specializing in high conflict and emotionally-difficult situations. In addition to doing divorce, post-divorce, unmarried relationship dissolution, and all types of family mediations, Janet does small and large group work including circle-keeping in Minneapolis public schools and facilitating large-groups such as condo as ... more
In some cases, the court may order spousal maintenance for a limited time while the spouse returns to school or trains for employment. Permanent spousal maintenance may be awarded if the court finds that one of you will not be able to adequately support yourself. The court will consider age, health, education, work experience, skills and other factors.
No dissolution shall be granted unless (1) One of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or (2) One of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding. (Minnesota Statutes - Chapters: 518.07, 518.09)
Fill out and file Financial Statements. These statements document a) income, b) assets (house, cars, pensions, etc.), c) living expenses, and d) debts. There is a Long Form version if your annual income is over $75,000, and a Short Form version if your annual income is below $75,000. These forms disclose financial information that is necessary for coming to an agreement on Division of Marital Assets, Child Support, and Alimony (see Separation Agreement, below).
On a related note, it is a useful precaution to close or otherwise terminate additional borrowing authority on any joint credit cards, lines of credit, or other joint debt accounts, when a divorce appears imminent. With respect to joint credit cards and other joint unsecured consumer lines of credit, Minnesota law requires the creditor to close the account upon the written request of either party. 
Although there certainly are several different styles of mediation, there are several things you can depend on no matter what style your mediator uses. Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you, which is natural and inevitable, in a way that helps you to work together as parents after your divorce.
It should come as no surprise that it is difficult for parties to a divorce or other family law dispute to reach agreements on important issues on their own. However, oftentimes, disputes related to divorce and other family law matters can be resolved with the assistance of a neutral third party through mediation. The job of the Minnesota divorce mediators at Bloch & Whitehouse, P.A., is to facilitate communication between parties to promote an agreement.
Divorce mediation is about you and your soon to be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, your children. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible. The issues covered include but at not limited to the following:
Being open to compromise means that you aren't attached to one particular solution—you can't just put your idea on the table and expect your spouse to accept it. A compromise that works is one that takes both of your interests into account. Consider the possibility that your spouse might have valid ideas as well, and take the time to think them through instead of rejecting them out of hand.
Another important tool for a parent whose child has been taken or hidden is the Federal Parent Locator Service (FPLS). An attorney must ask the court or county attorney to request FPLS assistance. The court or county attorney can apply to the FPLS for assistance in locating the missing parent. The FPLS is a computer search using the Social Security number of the missing parent to find home and work addresses for that parent. You must have the correct Social Security number in order to use the FPLS.
I’ve heard of cases in which one spouse is so eager for custody of the children that they will relieve the other spouse of any duty to pay child support—which is not in their or the children’s best interests. Green says, “This is explicitly contrary to New York legislative policy—the kids shouldn’t be bargained for the money. The two things are determined separately by the court, so there’s no reason to take less than you’re entitled to under the formula.”
The court will order a reasonable amount of child support to be paid by the non-custodial parent. Minnesota law has guidelines that say how much support should be paid. The court can also order either parent to pay medical insurance premiums or expenses and to pay part of child care costs. The court considers the parent's income or ability to earn income and the number of children supported.