CONTESTED DIVORCE IN MINNESOTA

Contested Divorce in Minnesota:

Divorce can be an emotionally and legally complex process, especially when spouses disagree on important issues. A contested divorce occurs when couples cannot reach an agreement on division of property, legal custody, physical custody, parenting time, spousal maintenance, child support, asset and debt allocation, valuations, etc. requiring court intervention. Unlike an uncontested divorce, where both parties work together to finalize terms of a global resolution of all matters in a divorce, a contested divorce often involves litigation, mediation, and lengthy negotiations.

If you're considering divorce in Minnesota, understanding the contested divorce process is essential to protect your rights and financial interests.

What Is a Contested Divorce?

A contested divorce arises when spouses disagree on issues such as:

  • Child Custody - Decisions regarding health, medical, mental health, therapy, religion, etc. are granted to the party with legal custody. If joint legal custody exists, both parties have equal decision-making authority. Physical custody involves whose home the child resides for issues such as school district and the daily decisions regarding bed-time routines, etc.

  • Parenting Time – Deciding who will have legal and physical custody of the children including visitation rights and parenting schedules.

  • Child Support – Child support involves a calculation that takes into account the parties’ combined monthly income and parenting time.

  • Spousal Maintenance (Alimony) – Spousal maintenance includes transitional spousal maintenance and/or indefinite spousal maintenance.

  • Division of Assets & Debts – Equitably distributing marital property including assets and debts accumulated during the marriage.

  • High-Conflict Divorce Issues – Cases involving disputes on nearly every issue of the divorce with inability to resolve most issues.

If spouses cannot agree on any of these matters, the court will make the final decision based on Minnesota Law and the best interests of the children.

The Contested Divorce Process Involved in Minnesota Include

Step 1: Filing the Petition for Dissolution of Marriage

The contested divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the court. This document outlines the spouse's desired terms for child custody, spousal maintenance, property division, and other issues.

Step 2: Response from the Other Spouse

The other spouse (the respondent) has 30 days to file a response. If they disagree with any terms, the divorce becomes contested, and further legal proceedings begin.

Step 3: Discovery Process (Gathering Financial & Legal Information)

Both parties must exchange financial documents, bank statements, tax returns, real estate holdings, and business valuations to ensure fair property division. This process may also include:

  • Informal discovery (relaxed discovery requests)

  • Formal discovery (discovery enforced by the court if needed)

  • Interrogatories (written questions requiring answers under oath)

  • Admit/Deny (series of questions asking a party to admit or deny assertions)

  • Depositions (formal questioning under oath)

  • Subpoenas for financial records

Step 4: Negotiation & Mediation

Minnesota courts encourage alternative dispute resolution including mediation to help spouses resolve disputes without trial. A Minnesota Qualified Neutral Mediator works with both parties to reach a fair agreement on issues like child custody, child support, and asset division. When parties reach full agreement, the attorney drafts a Stipulated Finding of Facts, Conclusion of Law, Judgment, and Judgment and Decree for the court’s final review. Once a judge reviews the Stipulation, the judge can sign the Stipulation or request the parties attend a hearing if further clarification is needed. If agreements are not reached, the parties proceed to pre-trial and then trial if matters are not fully resolved.

Step 5: Pretrial Hearings & Court Appearances

If mediation fails, the case proceeds to pre-trial to assess contested issues and attempt further resolution. If no agreements are reached or disagreements remain outstanding, the parties may proceed to trial.

Step 6: Divorce Trial (If No Agreement Is Reached)

Trial is held when there are any issues remaining for the court’s consideration. At trial, parties present their position to a judge. Based upon evidence and testimony presented, the judge will render their final decision in a Findings of Fact, Conclusion of Law, Judgment, and Judgment and Decree, severing the legal marriage while dividing of assets and debts, child custody, parenting time, and other issues.

How Long Does a Contested Divorce Take in Minnesota?

The timeline for a contested divorce varies based on case complexity. Generally, contested divorce in Minnesota can take months to years.

Factors that affect the length of a contested divorce include:

Number of Disputed Issues – More disputes require further time and resources in legal proceedings.
Mediation Success – If mediation fails, the matter proceeds to pre-trial and trial, which extends the process.
Court Scheduling – Hearings and trials throughout the dissolution process are scheduled based upon the court’s availability, which can often take months.

Why An Experienced Attorney is Necessary in Minnesota

Contested divorce involves complex legal matters that can significantly impact your financial well-being and parental rights. Hiring an experienced Minnesota divorce attorney ensures you:

  • Understand your legal rights under Minnesota family law.

  • Protect your financial interests in property and asset division.

  • Secure the best custody arrangement for your children.

  • Avoid common mistakes that could prolong or complicate your case.

  • Have a strong advocate in court to represent your interests.

If this does not apply to you, please review our other services.

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