The first step in the Divorce Process is obviously making the decision to divorce. Whether or not to stay in an unhappy marriage can be a difficult decision. Once that decision is made,
you need guidance and an understanding of what lies ahead in the divorce process.
Although there is no such thing as a “typical divorce,” there are 2 typical marital categories that determine what the divorce process may include and about how long your divorce will take in Minnesota.
| Less Involved Divorce Process Divorcing Couples Who Have: | More Involved Divorce Process Divorcing Couples Who Have: |
|---|---|
| been married for a relatively short period of time | been married for a long period of time |
| no children | minor children |
| little property or debts to divide | significant property or debt to divide |
The average divorce in Minnesota takes about one year – of course some are quicker and some are longer. What extends or shortens a divorce process depends on several situations.
| What Makes the Divorce Process Faster, Smoother, Less Complicated? | What Can Slow Down or Complicate the Divorce Process? |
|---|---|
| both parties want and agree to the divorce | If one party is blind-sided by receiving divorce papers, they might respond by doing whatever they can to prolong the process |
| The parties can agree on the division of property, child support and child custody | If the couple is bogged down by disagreements about Custody, Parenting Time, Business Valuation, and/or Spousal Maintenance |
| Filing a Petition | The first step in the divorce process is serving a Summons and a Petition for Dissolution of Marriage. Even where both spouses agree that they want a divorce, one of them has to be the one to serve the documents and file them with the court asking for the divorce. |
| Temporary Orders | If one spouse depends on the other for financial support or will have custody of the children, that spouse can ask the court for temporary orders for support and custody. |
| Service of Process | The party who files for divorce also needs to file proof of service of process. This is a document that shows that a copy of the summons and divorce petition was given to the other party. |
| Response | The party who receives service of process will then need to file a response to the petition. |
| Negotiation | Child custody, property division, child support and/or spousal support. If the parties don’t agree on all the issues, they will need to try to negotiate their differences. Unless there has been domestic abuse, the court will require the parties to mediate, a process to assist the parties in coming to a final resolution of the issues. |
| Trial | Any issues the parties absolutely cannot resolve between themselves will have to be decided at a trial. |
| Judgment and Decree | The order which dissolves(ends) the marriage is a Judgment and Decree. It spells out how the property and debts are to be divided, custody, support and any other issues. |
Contact Martin & Wagner, P.A. by e-mail or call 763-425-6330 to schedule a free ½ hour consultation with an experienced MN family law & divorce lawyer.
No matter what your situation, facing divorce and going through the process will surely add stress and emotions to your life that you may have never experienced before. Your attorney can be a source of strength.
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763-425-6330
