Divorce can be stressful and emotional, especially when you’re unsure of what to expect. Understanding the divorce process in Minnesota helps ease some of that uncertainty. If you’re considering or going through a divorce, knowing the steps involved prepares you for what’s ahead.
Filing the petition for divorce
The divorce process starts when one spouse files a “petition for dissolution of marriage.” This document outlines your intent to end the marriage and sets the foundation for the proceedings. The petitioner must file in the county where either spouse resides. After filing, the petition must be served to the other spouse, who then has a certain period to respond.
Temporary orders and settlement discussions
While the divorce is pending, you can request temporary orders to address immediate issues like child custody, spousal support, and division of property. These orders remain in place until the divorce finalizes. In many cases, spouses will attempt to reach a settlement through negotiations or mediation. Settling out of court typically takes less time and costs less than a trial.
The trial process
If the spouses cannot reach an agreement, the case will go to trial. Both sides present evidence and make arguments in front of a judge. The judge will then decide on property division, custody, support, and other related matters. This process can take months, but it’s an option when negotiations fail.
Finalizing the divorce
Once all issues are resolved—either through settlement or trial—the judge will issue a final judgment, officially dissolving the marriage. This judgment includes all agreements about division of assets, child custody, and support. At this point, both parties are legally divorced, and the terms of the divorce are set.
The divorce process can be straightforward or complex, depending on the circumstances. Staying informed and organized will help you manage the process more smoothly.