Divorce Attorney in Minneapolis, Minnesota
Can you provide a quick overview of the divorce process in Minnesota?
Can you provide a quick overview of the divorce process in Minnesota?
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divorce starts when somebody observes a
summons and petition on
uh the other party a summons and
petition for dissolution of marriage
that’s just notice pleading it says yeah
i live here i have three kids i make
this much money
i have some retirement assets and i have
a few automobiles and a couple boats
that’s what’s listed on there um and
i’m not in the military and i’m not
pregnant
and then uh the it’s a prayer for relief
well they’ll say i want the marriage
dissolved for
irreconcilable differences or
irretrievable breakdown of the marriage
you don’t need any reasons
infidelity isn’t a reason
and then
i want an equitable division of the
property i want uh joint custody with
the kids i want to have this parenting
time i want to have the cadillac and my
husband can have the volvo things like
that you put that in there spousal
maintenance i want alimony i want child
support that goes in there
the other party has 30 days to answer
they don’t even have to file those
documents with the court right away
but what normally will happen is
somebody will file the summons in
petition or the other party will file
their answer and counter petition
because you have to answer in 30 days
the court will assign a judge the judge
will hold a preliminary hearing called
an initial case management conference
that’s where you sit down with the judge
and decide
what are we how are we going to approach
this case are we going to try to do some
mediation are we going to take advantage
of the early neutral evaluation program
where we sit in a room and discuss the
finances where we discuss what child
custody is going to look like and try to
resolve things without a trial or are we
going to do the litigation track are we
going to file temporary motions are we
going to do formal discovery where
everybody has to provide all their
documents to each other finances
education
job history real estate bank accounts
retirement accounts all of that has to
get put in and then
there would be a trial and a judge would
decide
that who who gets to keep the kids
they’re going to decide how the property
is going to be distributed so that’s it
in a nutshell
Minneapolis, MN family law attorney Michael Fink gives a quick overview of the divorce process in Minnesota. He notes that a divorce begins when one party is served with a summons and petition for dissolution of marriage. The summons and petition simply provide notice: they list basic information such as the spouses’ residence, the number of children, income, retirement assets, automobiles, and other property. It also confirms that neither party is in the military or pregnant.
The petition includes a “prayer for relief,” which outlines what the petitioner is requesting: dissolution of the marriage due to irreconcilable differences (no specific reason like infidelity is required), equitable division of property, joint custody of the children with a proposed parenting schedule, allocation of vehicles, spousal maintenance, and child support.
The other party has 30 days to respond, though they don’t have to file immediately. Typically, they will file an answer and counter-petition. The court then assigns a judge, who conducts an initial case management conference. At this preliminary hearing, the judge and the parties discuss how the case will proceed: whether to attempt mediation, use an early neutral evaluation to review finances and child custody arrangements, or proceed with formal litigation.
If the litigation track is chosen, temporary motions may be filed, and formal discovery takes place, requiring both parties to provide detailed documentation of finances, education, employment history, real estate, bank accounts, and retirement accounts. Ultimately, the case may proceed to trial, where the judge decides custody, property division, and financial obligations. In short, that’s the process from start to finish.
