Minnesota Divorce Procedures

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Is your marriage over? Have you taken every measure to save your marriage and failed? If things are not working between you and your partner, you should think about the only solution left, i.e. divorce. Although this bit of advice may sound harsh, it is true that you cannot live a free life being in a frustrated relationship. When separated, a couple and their children need not bear the family problems that are sure to affect their future. But it can be a blessing when it is sought in a wise manner. You should follow the dissolution processes of the state from where you are fighting the case. If you are in Minnesota, you are bound to follow the Minnesota divorce procedures to obtain a disintegration of the marriage legally.

In legal terminology, divorce is termed as "dissolution of marriage" in this state. In any case, a lot of paperwork is needed. The first and foremost step in a court procedure is to inform the partner informally or formally that you intend a permanent separation. Formal information means that you should serve the partner with a Petition and Summons. If both the partners agree on the terms and sign the same paper based on their agreements, one can go for a Joint Petition for dissolution of marriage.

Here we present to you some important information on Minnesota divorce processes and the basic paperwork needed:

Documents essential during Minnesota Divorce Procedures

Petition

This document comprises of information regarding the Petitioner, the spouse and child/ children, if any. It also mentions the topics related to the case like spousal maintenance, child custody and child support.

Summons

This is a formal notice to indicate that the court process has begun. In some cases, this document needs to be submitted within a deadline of 30 days in response to the Petition. Sometimes the Summons also has a restraining order that prohibits the divorcing partners to hamper or sell assets except when they are needed for daily support. Moreover, the restraining order does not permit the partners to alter or terminate the beneficiary on any insurance coverage.

A formal delivery of the Petition and Summons means that a process server is hired to serve these documents to the Respondent. An informal delivery indicates that these documents are mailed to the Respondent along with an Admission of Service document.

Filing and Discovery in Minnesota Divorce Procedures

Once the Summons and Petition are served, the divorcing couples must formally file for divorce. For this, these 2 documents have to be filed with the Court Administrator of the state and county of residence. Some couples desire to resolve the issues of differences outside the court and therefore delay filing of the divorce. However, for the approval of the final case papers, the papers must be filed with the court.

Those couples who desire to reach an agreement have to undergo a process titled as Discovery. This process means that the couple has to collect all relevant information to resolve all disputable issues. There are 2 ways by which this process can be executed:

Formal method of discovery

• Asking and/or answering written requests from the opposite party under oath.
• Getting experts, who can assist in resolving topics like child custody and property distribution, involved in the process either individually or jointly.

Informal method of discovery

• Collection of data from the lawyer of the opposite party or the party by means of phone calls and letters.

After the relevant data has been collected, the divorcing couples along with their attorneys can try to draft an agreement regarding the issues. The duration of time needed to reach an agreement is dependent on the reluctance of the parties to compromise and the complexity of the case.

Once the negotiations are over, either an agreement will be drafted or the case would reach the trial stage.

The Trial Phase

A trial in the court consists of presentation of testimonies, evidences and witnesses. The Judge examines all these 3 factors and depending on these determines the details of the case and issues the final decree.

Post-divorce Procedure

After the court process, there might be alteration of circumstances in income levels or unsustainable visitation agreements or relocation of the separated partners. Under these or similar circumstances, the divorcing couples intends an alteration of the original agreement.

When fighting for any legal matter, it is necessary to know the processes and do the paperwork involved in your case so that nobody can cheat you. Similarly before getting a marital dissolution in Minnesota, you should go through the Minnesota divorce procedures given above so that you are not deprived of your rights.

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