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The answer to this question can get complicated because it does not matter whose name is on the deed. What matters is the value of the home and the loan balance at the time of your marriage and at present. These factors are important because there may be a marital portion of the home with equity that must be divided, and there may be a non-marital portion, which will not be divided. An attorney can help you figure out what is marital and what is nonmarital.
The divorce becomes final when the court clerk "enters" the Judgment and Decree, which means the clerk writes it down on a court list of all judgments. The Judgment and Decree contains the final decisions of the court. Sometimes it is a week or more after the default hearing before the Judgment and Decree is entered. The court clerk may send a copy of the Judgment and Decree to the petitioner's attorney. This attorney serves the respondent with the final Judgment and Decree and gives a copy to the petitioner. There is no waiting period in Minnesota—the divorce is completely final when entered.
In most cases, divorce is a difficult and painful process, both emotionally and financially. The traditional practice of hiring a lawyer and litigating in court to end a marriage is not only expensive, but can lengthen the process, increase contention, and cause additional and unnecessary stress on you, your spouse, and your children. Because of this, more and more couples are looking to mediation to walk them through the intricacies of divorce and help navigate parenting agreements. While divorce is rarely an easy event, the goal of mediation is to encourage and support you in developing the best solutions for your individual situation, in a collaborative way and on your time line, which ultimately lessens the negative impact of divorce on you and your family.
Divorce in Minnesota is called dissolution of marriage. A dissolution for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise. If there are minor children, the issues of child custody, visitation, and support will need to be resolved.
The Petitioner must personally serve the Respondent (non-filing party) with the Summons and Petition, unless a Joint Petition is filed. The Respondent has 30 days to answer the Petition. In the case of service by publication, the 30 day time period does not begin until the expiration of the period allowed for publication. In the case of a Counter-Petition for dissolution or legal separation to a Petition for Dissolution or Legal Separation, no Answer to the Counter-Petition is required, and the original Petitioner is deemed to have denied each and every statement, allegation and claim in the Counter-Petition.
This shortsighted approach overlooks many things, the first of which is the obvious waste of money. It’s important to ask yourself if the asset is really worth the fight. Divorce leaves most people with fewer assets than they had during marriage – why spend what you have left on attorney’s fees? It also overlooks the possibility that with more property on hand, the other spouse will be able to contribute to college costs and other child-related expenses. Finally, property allocated to your spouse may also reduce the need for alimony.
I have practiced family law my entire 24-year career as a litigator and a mediator. I am licensed in Minnesota, California and Colorado. After spending time in courts in 3 states, nothing surprises me anymore. I enjoy being an advocate for my clients and guiding them successfully through the legal process be it a divorce, child custody, spousal maintenance or property matters.
Some find it helpful to make a list of marital events, in the order they occurred, as well as a list of the current disputes and another list of the outcomes you would like to see. Whether you put it on paper or not, have a list in your head of which issues are most important to you and which are the least important. Being prepared and on time is key to the success of the divorce mediation. You must also be prepared to talk to your spouse. If you have had trouble communicating in the past, your mediator will be there to facilitate communication. While it is important that you set goals regarding what it will take to resolve the case or the individual disputes, it is equally important you remain flexible. You may be surprised at some of the things you find out during mediation which change your perception of the entire issue.
Once the mediator has helped the spouses frame the issues and interests clearly, it is time to negotiate an acceptable settlement. This usually begins with an exploration of possible options. With the mediator’s help, the spouses discuss and evaluate the options, until eventually they narrow down the options to the ones that work best for both spouses. Getting to the final combination of options will involve compromises and concessions on both sides
In Minnesota, Marriage Dissolution proceedings, or divorces, are viewed as "no fault" proceedings. This means that a spouse does not have to prove the other spouse was at fault or did something wrong to cause the breakdown of the marriage to obtain a divorce. Either spouse may commence a divorce action by simply alleging that there has been "an irretrievable breakdown in the marriage relationship" - in other words, that in their opinion, the marriage is dead and there is no chance of reconciliation. If one spouse feels this way, even if the other disagrees, the court will ultimately grant the dissolution of marriage. Early in the process, if you do not believe that there has been an irretrievable breakdown of the marriage, the option of marriage counseling is possible. Unfortunately, if a spouse has set their mind to divorcing the other, it is unlikely that counseling can repair the marital relationship.
“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.
If you were served with a "Summons and Petition" (you are the Respondent), you should talk to an attorney before you sign the "Answer and Counterpetition," and before you sign a "Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree" (which is an agreement with your spouse on how to divide all assets and debts).