Tuesday, August 16, 2011

The Divorce Process | Duluth Trial Lawyers

In Minnesota law, a divorce is called a "Dissolution of Marriage." To get divorced in Minnesota, one of the spouses must have lived in Minnesota for at least 180 days before starting the case. 

Getting divorced is a lot more complicated than getting married, and it can take several months before your divorce is final this is why most people choose to higher a divorce attorney Duluth MN.  

Your divorce will be more complicated if you have property (real estate, automobiles, vacation property, pensions, jewelry, etc.) or minor children. Your case could be done faster if you and your spouse agree on how to divide the property and handle custody of the children. Many cases start out with disputes, but then the parties are able to reach an agreement. Sometimes the judge will order the parties to try mediation or alternative dispute resolution (ADR) to reach an agreement.

Divorce Process Paperwork
In Minnesota, one spouse must start the divorce by writing a Summons and Petition and "serving" it on the other spouse. There are specific rules for how to serve the documents.

NOTE: If both spouses agree on how to settle all the issues in their divorce and can sign the same papers, you could do a Joint Petition for divorce.

The spouse who received the Summons and Petition must read the documents and decide how to respond. If s/he disagrees, s/he writes and serves an Answer. If the couple can reach an agreement, a Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree is prepared by one or both of the parties.

The official name of your divorce document is Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree. Once this document has been signed by a Judge and is "entered" by court administration, your divorce is considered final.