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 is not a parent’s right. In fact, in Minnesota, child support is the child’s right and generally cannot be waived. Child support involves a calculation that takes into account the parties’ combined monthly income and parenting time.

Spousal Maintenance (Alimony) – The length of the marriage determines whether a party qualifies for spousal maintenance. Short-term marriages lasting five years or less generally do not trigger spousal maintenance. However, careful consideration is necessary because longer marriages tend to yield longer term spousal maintenance. There are two types of spousal maintenance in Minnesota:

  1. Transitional spousal maintenance is shorter in duration and meant to assist a spouse’s transition to a new field of employment or educational training toward career.

  2. Indefinite spousal maintenance is generally considered for long-term marriages.

Division of Assets & Debts – Equitably distributing marital property, real estate, bank accounts, retirement funds, and liabilities.
High-Conflict Divorce Issues – Cases involving disputes on nearly every issue of the divorce with an inability to resolve most issues. Often these matters involve a great amount of coercion, secrecy, abuse, and other complicated matters requiring experienced navigation.

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

The Contested Divorce Process in Minnesota

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 mediation to help spouses resolve disputes without trial. A neutral mediator works with both parties to reach a fair agreement on issues like 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 to submit to the court for 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. Once the judge signs the Stipulation, the court administration enters it into the “record” whereupon it becomes an enforceable court order generally. If agreements are not reached the parties proceed to pre-trial.

Step 5: Pretrial Hearings & Court Appearances

If mediation fails, the case proceeds to pre-trial to assess contested issues and attempt further resolution.

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

If no settlement is reached, trial is held. Based upon the evidence presented, the judge will render their final decision in a Findings of Fact, Conclusion of Law, Judgment, and Judgment and Decree, severing the marital bond of the parties while determining the division of assets, 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 anywhere from months to more than a year.

Factors that affect the length of a contested divorce include:

Number of Disputed Issues – More disputes mean more legal proceedings.
Mediation Success – If mediation fails, a trial is necessary, which extends the process.
Court Scheduling – Minnesota courts have backlogs, which can delay trial dates.

Why An Experienced Attorney is Necessary in Minnesota

Contested divorces involve intricate 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 fight for fair outcomes.

If this does not apply to you, please review our other services or additional resources pertaining to divorce.

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