Legally Speaking. . . what to expect when filing for a dissolution?

Making the decision to end a marriage is an extremely difficult decision to make for many reasons.  The divorce process can be very draining, both emotionally and financially.  This is particularly true for individuals who are unfamiliar with the dissolution process.

 

Minnesota is a “no-fault” divorce state.  As such, in order for a court to grant a divorce in Minnesota, the parties are simply required to show that there has been an irretrievable breakdown of the marriage.  This can often prove frustrating when divorcing parties realize that the court will not take into account adultery, mental illnesses, neglect, etc., when choosing to grant the divorce.  With this being said, these issues may present themselves as evidence during a contested custody action.   In addition, your spouse does not need to consent to the dissolution of the marriage. 

 

Couples seeking divorce should be mindful of the fact that once a Summons and Petition is served initiating the dissolution process, the parties are legally unable to dispose of marital assets.  There are certain exceptions to this rule, in that certain assets may be disposed of by agreement between the parties, when they are disposed of to pay for necessities of life or to pay for legal fees arising from the divorce action. It is important that each party include in their petitions a description of what they are seeking the court to grant, otherwise the court may not have the ability to provide the desired relief.

 

So, how long will a dissolution take to be resolved?  This depends on the issues at stake, the ability of the parties to reach an agreement as well as the Court’s calendar.  It is possible to effectuate a divorce without hiring an attorney.  The Minnesota Courts website posts many of the forms needed for a do-it-yourself divorce.  However, when custody, child support or sticky property division issues are involved, it is often advisable to at least meet with an attorney to discuss options.

 

Please be advised that this article is presented with the understanding that legal advice is not being offered or given. Any answer to a legal question should be obtained from a licensed attorney.