The Divorce Process in Minnesota

Filing for divorce can be daunting. The following information will provide you with a complete breakdown of the divorce process in Minnesota, enabling you to understand what lies ahead of you when you file for divorce. Additionally, we’ll walk you through how our team of Minnesota divorce lawyers and legal professionals here at Johnson/Turner Legal handles divorce, so you can get a better idea of what sets our firm apart.

How to Prepare for Divorce in MN

Before you file for divorce or hire a divorce lawyer in MN, you can take a few steps to make the process easier:

• Gather important financial and personal records. This includes items such as your Social Security card, birth certificate, proof of employment, records of income and tax returns, medical history, deeds for houses or vehicles, etc. You should look into opening a separate bank account (consult your attorney first) and acquiring a safety deposit box to store copies of your documents.
• Determine how the divorce will impact you. Your attorney can help you understand how the divorce will affect you moving forward. For example, your attorney can help you figure out whether your divorce will impact your medical or retirement benefits.
• Take a break from social media. Most of us use social media constantly. Evidence from your social media accounts can be used against you during the divorce case, so make your accounts private (but consult your attorney before deleting any posts), and refrain from posting during the case.
• Complete a pre-divorce valuation of your assets. The outcome of your property division case during the divorce can impact your financial stability for the rest of your life. Completing an assessment of your assets ahead of time can help you prepare financially.

How to File for Divorce in Minnesota

Once you decide to dissolve your marriage, it’s time to file for divorce. To do so, you must follow these steps:

• Fill out the appropriate divorce forms
• File your divorce papers with your county court
• Pay the filing fees
• Serve a copy of the divorce papers to your spouse

Your divorce attorney in Minnesota can help you understand which forms to fill out and complete them more easily.

Who Can File for Divorce in Minnesota?

To file for divorce in Minnesota, you or your spouse must live in the state (or be a military member stationed here) for at least 180 days.

Minnesota is a “no-fault” divorce state, meaning that the only grounds you need to cite when filing for divorce is an “irretrievable breakdown of the marriage relationship.”

Legal Separation vs. Divorce in Minnesota

In Minnesota, divorce and legal separation are fairly similar, the main difference being that legal separation allows you to remain legally married while living entirely separate and apart from your spouse. If you and your spouse are in agreement about going your separate ways, then it may be worthwhile to consider legal separation vs. divorce!

Legal separation allows spouses to resolve issues such as child custody and property division that are typically reserved for the divorce process while remaining married. Tackling these disputes during a legal separation can enable both parties to negotiate more calmly without the looming pressure of a divorce, resulting in more civil mediation or mutually beneficial arrangements.

Property & Children in Minnesota Divorces

Speaking of property division, Minnesota is fairly unique in handling the division of assets and liabilities. All assets and debts acquired during your marriage will be considered marital property, with the exception of gifts or inheritance. The court will then divide assets “equitably” among both parties.

It’s important to note that “equitably” does not mean “half and half.” For example, if you and your spouse own two cars, the court will probably give each of you one vehicle. However, if you only own one car, the court will likely give the vehicle to the less financially stable spouse to make their life easier post-divorce, rather than asking you to sell the car and divide the revenue.

If you have children, it’s also a good idea to be aware that courts generally prefer a joint custody arrangement unless one of the parents proves themselves to be unfit as a caregiver. Courts are also generally more lenient to the parent who cooperates more with the court during the custody battle, so act accordingly.

Once you file your divorce forms with your court, you’ll need to serve your soon-to-be-ex with a copy of the paperwork. You cannot serve your spouse yourself—it must be done either by a law enforcement professional, such as a sheriff, a private processing service or other third party. Your spouse must then respond (and can file a counter-petition), after which the divorce process kicks off in earnest.

The Johnson/Turner Legal Difference: How Our Minnesota Divorce Attorneys Guide Clients Through Divorce

At Johnson/Turner Legal, we commit to being at your side throughout every step of the divorce process. We know that divorce is often stressful and, let’s face it, scary. That’s why, when you work with us, you don’t just get a divorce lawyer. You get a full team consisting of a Minnesota divorce lawyer, two paralegals, a client engagement specialist, and a life coach.

We also use a flat-fee pricing model, so you know exactly what our services cost up-front. With us at your side, you never have to worry about how much a phone call with your divorce lawyer costs or whether you’re getting price-gouged. We believe the old model of legal pricing is outdated. You deserve better, and that’s precisely what we provide.

To us, no client is “just another case.” Our team works with you to ensure you never feel alone and develop a comprehensive case strategy uniquely tailored to your needs. We’re not just fierce advocates for your rights in the courtroom—we’re the shoulder you can cry on. We’ll shoulder the burden of your case, so you can focus on what’s important: your health and well-being.

At Johnson/Turner Legal, our Minnesota divorce attorneys break down divorce into four phases:

1. Foundation building. During the foundation building phase, you get to know your team. We work with you to develop a case strategy and help you file for divorce. We’ll help you gather evidence and weave it into your case strategy. We’ll also meet with the judge and see if we can find an alternative resolution method before pursuing your case in court, as out-of-court resolutions are often more cost-effective and less stressful.
2. Settlement-focused. During the settlement-focused phrase, we’ll try and help both parties reach mutually beneficial and equitable agreements on matters such as child support and custody, property division, etc.
3. Litigation phase. During the litigation phase, we’ll prepare your case for trial. We’ll collect more evidence through formal discovery, including document requests, interrogatories, subpoena’s, formal evaluations and appraisals. We’ll work with you to prepare for testimony of you, your spouse and other witnesses. We will leave no stone unturned as we build your best case to bring to the judge. We will aggressively advocate you in the courtroom.
4. Conclusion phase. In the conclusion phase, we’ll work on finalizing your marriage dissolution, and getting the divorce decree entered with the court. Then we will tie up all the loose ends, such as transferring titles of real estate and dividing retirement accounts.

Our four-phase approach allows us to be flexible when approaching divorce, ensuring we help each and every one of our clients tackle divorce in a way that suits them. There is no “one size fits all” approach to divorce in Minnesota, and our strategy lets us personalize how we handle every divorce from beginning to end.