Understanding the Minnesota Divorce Process
If you have reached the point where you want a divorce, you should seek legal advice or marriage counseling. The longer you wait, the worse it will be.
At the law firm of Hajek & Beauclaire LLC, our attorneys represent fathers throughout the Minneapolis-St. Paul metropolitan area and Greater Minnesota in issues such as child custody and support, alimony, and marital property division.
How Do I File For Divorce?
The divorce process in Minnesota begins with the filing of a summons and petition for dissolution of marriage. Either you or your spouse can initiate the filing. The summons is a standard document that includes a restraining order to prevent either party from disposing of assets or disrupting the status quo. The petition for dissolution of marriage is specific to your circumstances and addresses issues such as spousal maintenance, child custody and support, and marital property division. Either party can file the summons and petition. The other side will have a period of time to respond.
Once you start the divorce process, it is best to get it done quickly. Pre divorce planning and document review are essential. Our lawyers can help you gather detailed financial information, which we will use to create a balance sheet of the marital estate. By understanding the status quo in your relationship with your children, we can help you set realistic expectations for child custody arrangements after your divorce.
At the beginning of the case, the attorney should be able to provide you with possible likely outcomes. This will enable you to work toward a goal. Your divorce can proceed the easy way, through negotiation and mediation, or the hard way, through litigation. Both sides may use experts or consultants, who can render opinions and testify in court if needed. However, few divorces actually go to trial. A competent attorney will have pointed out to the other side’s lawyer, prior to trial, the errors in their position. The case may then reach a settlement based on an understanding of the law and the facts of the case.
Download our free ebook, Choosing a Divorce Attorney in High-Asset Value Situations.