Frequently Asked Questions

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1. How do I start the divorce process in Minnesota?

To begin the divorce process in Minnesota, one spouse must file a "Petition for Dissolution of Marriage" with the district court in the county where either spouse resides. The filing spouse must have lived in Minnesota for at least 180 days before filing. After filing, the other spouse must be formally served with the divorce papers.

2. Is Minnesota a "no-fault" divorce state?

Yes, Minnesota is a "no-fault" divorce state. This means that you do not have to prove that your spouse did something wrong to get a divorce. The only legal ground for divorce in Minnesota is an "irretrievable breakdown" of the marriage, which means the couple cannot get along and there is no reasonable chance of reconciliation.

3. How is property divided in a Minnesota divorce?

Minnesota is an "equitable distribution" state. This means that marital property (assets and debts acquired during the marriage) is divided in a way that is fair and just, but not necessarily equal. The court will consider several factors, including the length of the marriage, the age and health of each spouse, their income and earning potential, and the contributions of each spouse to the acquisition of marital property.

4. What is the difference between legal and physical custody?

• Legal custody refers to the right to make major decisions about a child's upbringing, such as education, healthcare, and religious instruction.
• Physical custody refers to where the child lives on a day-to-day basis.

Both legal and physical custody can be "sole" (one parent has the authority) or "joint" (both parents share the authority).

1. What is mediation?

Mediation is a confidential and voluntary process where a neutral third party, the mediator, helps divorcing or separating couples negotiate a mutually acceptable agreement on issues such as property division, child custody, and spousal support. The mediator does not make decisions for the couple but facilitates their communication and helps them find common ground.

2. Is mediation required in Minnesota?

In many Minnesota counties, mediation or another form of Alternative Dispute Resolution (ADR) is required before the court will hear a case, especially when children are involved. Even if not required, it is often encouraged as a way to resolve disputes amicably and cost-effectively.

3. What are the benefits of mediation?

• Cost-effective: Mediation is typically less expensive than going to court.
• Faster: It can be a quicker way to reach a resolution than litigation.
• Confidential: The discussions and negotiations in mediation are private.
• Empowering: You and your spouse have control over the outcome, rather than a judge making the decisions.
• Less adversarial: It can help preserve a more amicable relationship, which is especially important when children are involved.

1. What is a child custody evaluation?

A child custody evaluation is a process where a neutral professional, such as a psychologist or social worker, conducts a thorough assessment of a family to make recommendations to the court about child custody and parenting time. The evaluator's goal is to determine what is in the "best interests of the child."

2. When is a child custody evaluation ordered?

A judge may order a child custody evaluation when parents cannot agree on a custody arrangement and there are significant disputes about what is in the child's best interests. This can be due to concerns about a parent's mental health, substance abuse, parenting skills, or allegations of abuse or neglect.

3. What does a child custody evaluation involve?

The process can be quite extensive and may include:

• Interviews with both parents and the children.
• Observations of parent-child interactions.
• Home visits.
• Psychological testing of the parents.
• Review of relevant documents, such as school records, medical records, and police reports.
• Interviews with collateral contacts, such as teachers, therapists, and family members.

4. Who pays for a child custody evaluation?

The cost of a child custody evaluation is typically split between the parents, though the court can order a different arrangement based on the parties' financial circumstances. These evaluations can be expensive, so it is important to understand the potential costs before proceeding.