Are you thinking about obtaining a divorce, but have no idea how the process works? A divorce can take several paths. If you and your spouse generally agree to obtain a divorce and agree to the terms of the divorce, the divorce will remain amicable and will proceed through the Court process relatively quickly. If you and your spouse do not get along and/or one of you does not want the divorce, the proceedings will likely be contested and litigated, which can make the process take longer and be more expensive. Regardless of whether the divorce is amicable or contested, there are some basic procedures that normally must be followed and some basic documents that need to be filed with the Court.

Standard to Obtain a Divorce

Minnesota is considered a "no fault" State if a spouse is seeking a divorce. Therefore, if one spouse wishes to obtain a divorce, they do not need to establish that the other spouse is at fault for the break-up of the marriage. The actual standard applied by Minnesota Courts is whether there has been an "irretrievable breakdown of the marriage relationship." The Courts sometimes refer to this as "irreconcilable differences" between the spouses. Ultimately, as long as one of the spouses alleges that they legitimately want a divorce, the Court will grant the divorce even if the other spouse wishes to remain married.

Commencement of a Divorce Proceeding

A divorce is commenced by one spouse preparing and personally serving on the other spouse a Summons and Petition for Dissolution of Marriage. The spouse who initiates the divorce is considered the petitioner and the other spouse is therefore the respondent. Once served (or after the Respondent has signed a document which acknowledges service), the Respondent has 30 days to formally serve an "Answer" or "Answer and Counter-Petition for Dissolution of Marriage" on the Petitioner.

ICMC & ENE Process

The Summons and Petition are usually filed with the Court by the Petitioner. The Court will then schedule an Initial Case Management Conference (ICMC). The various counties in Minnesota handle the ICMC process differently, but the ICMC is fairly straightforward. If the parties have reached any agreements at the time of the ICMC, they may read those agreements into the Court record at that time. Frequently at the ICMC, the parties agree to participate in mediation or a form of alternative dispute resolution. One form of alternative dispute resolution that many Minnesota counties implement is Early Neutral Evaluations (ENE). There are both Social Early Neutral Evaluations (SENE) that deal with custody and parenting time, and Financial Early Neutral Evaluations (FENE) that deal with all the financial issues involved in the divorce, including child support and spousal maintenance.

If the divorcing couple is able to reach an agreement as part of the dispute resolution process, they will incorporate that agreement into a document titled "Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree." This document gets signed by both spouses and their attorneys (if they have attorneys), and then gets submitted to the Court for a Judge to review, sign, and file.

Pretrial and Trial

If the divorcing couple is unable to reach an agreement during dispute resolution, then the divorce will get scheduled for a pretrial with the Court. The pretrial is another opportunity to try to reach an agreement, but if no agreement can be reached. the spouses and their attorneys will schedule a trial and establish trial deadlines.

If the spouses are unable to reach an agreement at any point during the divorce process, then it must proceed to a trial. At the trial, the spouses will testify before the Judge, present exhibits, and request that the Judge issue an Order on all the remaining disputed issues.