Divorce is more than a legal procedure, it’s a major life change. Whether your separation is amicable or filled with conflict, understanding the process can help you approach it with clarity and confidence.
At RWI Law, we guide clients through every stage with compassion and precision. Here’s what you need to know about how divorce works in Minnesota.
What Is the Divorce Process in Minnesota?
In Minnesota, divorce is formally called a “Dissolution of Marriage.” The process involves legal steps to divide property, determine custody and parenting time if children are involved, and resolve financial matters such as child support or spousal maintenance.
To file for divorce, at least one spouse must have lived in Minnesota for 180 days or more before starting the process. While every case is unique, the steps generally follow the same pattern.
The Steps of a Minnesota Divorce
Step 1: Deciding to File
The process begins when one spouse, called the “petitioner,” decides to legally end the marriage. This decision can be difficult, but it sets the legal process in motion.
Step 2: Serving the Other Spouse
The petition must be formally delivered (“personally served”) to the other spouse, known as the “respondent.” This step gives them the chance to review the requests and prepare a response, typically within 30 days.
Step 3: Filing the Petition for Dissolution of Marriage
The petitioner files a Summons and Petition with the court, stating their requests about property division, custody, support, and other matters.
Tip: Having an attorney draft this document helps ensure nothing important is missed and your interests are protected.
Step 4: Response and Initial Disclosures
The respondent may agree with all, some, or none of the petitioner’s requests. Both spouses may also need to exchange financial and other relevant documents early in the process.
Step 5: Temporary Orders (If Needed)
If immediate arrangements are required, such as temporary child custody, child support, or use of the marital home, either spouse can ask the court for temporary orders. These stay in place until the divorce is finalized.
Step 6: Negotiation, Mediation, or Collaborative Process
Most divorces settle before going to trial. This may involve:
- Direct negotiation between attorneys;
- Mediation with a neutral third party; or
- Collaborative divorce, where both spouses and their attorneys work together toward a resolution.
Step 7: Trial (If Necessary)
If no agreement is reached, the divorce goes to trial. Both sides present evidence and witnesses, and a judge decides on all unresolved issues.
Step 8: Final Judgment and Decree
Whether through settlement or trial, the process ends when the court issues a Judgment and Decree. This document officially dissolves the marriage and sets the terms for property, custody, and support.
Life After Divorce
Even after the decree is issued, you may need to take follow-up steps, such as transferring property titles, updating legal documents, or requesting modifications if life circumstances change.
Why You Need Legal Guidance Through Divorce
Every divorce is different. Factors like children, property ownership, debt, and income levels can make the process more complex. An experienced Minnesota family law attorney can help you navigate each step, protect your rights, and work toward the best outcome for your future.
RWI Law has helped many clients across Minnesota move through divorce with clarity and confidence. Whether your case is straightforward or highly complex, we are here to stand beside you from start to finish.
Schedule a Consultation with RWI Law
If you’re considering divorce or are already in the process, you don’t have to handle it alone. Call RWI Law today to schedule a confidential consultation. We’ll help you understand your options, safeguard your interests, and guide you toward a fresh start.
Call 320-408-2614 to schedule your consultation today.