Minnesota Divorce Procedures

In legal terminology, divorce is called as "dissolution of marriage." The first and foremost step in a divorce procedure is to inform the partner informally or formally that you intend a divorce. Formal information means that you should serve the partner with a Petition and Summons.

Documents essential during Minnesota Divorce Procedure

Petition

This documents comprises of information regarding the Petitioner, the spouse and child(ren), if any. It also mentions the topics of divorce like spousal maintenance, child custody and child support.

Summons

This is a formal notice to indicate that the divorce process has begun. In some cases, this document consists of a deadline of 30 days to respond to the Petition. Sometimes the Summons also has a restraining order that prohibits the divorcing partners to hamper or sell assets except when they are needed for daily support. Moreover, the restraining order does not permit the partners to alter or terminate the beneficiary on any insurance coverage.

A formal delivery of the Petition and Summons means that a process server is hired to serve these documents to the Respondent. An informal delivery indicates that these documents are mailed to the Respondent along with an Admission of Service document.

Filing and Discovery in Minnesota Divorce Procedure

Once the Summons and Petition are served, the divorcing couple must formally file for divorce. For this, these 2 documents have to be filed with the Court Administrator of the state and county of residence. Some couples desire to resolve the issues of divorce outside the court and therefore delay filing of the divorce. However, it must be kept in mind that finally it is essential to file with the court for the approval of the final divorce papers.

Those couples who desire to reach an agreement have to undergo a process titled as Discovery. This process means that the couple has to collect all relevant information to resolve all divorce issues. There are 2 ways by which this process can be executed, as follows.

Formal method of discovery

• Asking and/or answering written requests from the opposite party under oath
• Getting experts, who can assist in resolving topics like child custody and property distribution, involved in the process either individually or jointly

Informal method of discovery

• Collection of data from the lawyer of the opposite party or the party by means of phone calls and letters

After the relevant data has been collected, the divorcing couple along with their attorneys can try to draft an agreement regarding the divorce issues. The duration of time needed to reach an agreement is dependant on the reluctance of the parties to compromise and the complexity of the case.

Once the negotiations are over, either an agreement will be drafted or the case would reach the trial stage.

The Trial Phase

The trial in the court consists of presentation of testimonies, evidences and witnesses. The Judge examines all these 3 factors and depending on these determines the details of the case and issues the final divorce decree.

Post-divorce Procedure

After the divorce, there might be alteration of circumstances in income levels or unsustainable visitation agreements or relocation of the divorced partners. Under these or similar circumstances, the divorcing couple intends an alteration of the original agreement.

Divorce Papers