7 Basic Minnesota Family Law FAQs

Divorce Law FAQ

How Long does the Divorce Process take?

If uncontested, a divorce can be finalized in as little as a few weeks. If the divorce is contested, however, it could take 4-6 months at the very least, and can last up to a year or longer.

What is an Uncontested Divorce?

An uncontested divorce is a divorce in which both parties have agreed on everything, including custody, child support, debt and asset division, etc. If both parties have not reached a mutual agreement, the divorce is considered contested.

Do I need an Attorney to get Divorced in Minnesota?

Even simple divorces require many documents, and may require at least one appearance before the Judge. The lawyer is responsible to help you through that process. It is the lawyer’s role to give you up-to-date information on laws involving children, support, and property division. The lawyer acts as your advocate and assists you in negotiating an agreement that is in your best interest and will minimize future problems. If a divorce agreement cannot be reached with your spouse, the lawyer will represent you at court appearances or at a trial, if necessary.

How Much will a Divorce Cost?

Costs and fees for a divorce can vary greatly. The cost of a divorce usually varies from lawyer to lawyer. Simple divorces that do not take a large amount of time or involves the separation of assets may not be as expensive compared to drawn out divorces involving legal hassles. Costs included in a divorce are filing fees, drafting of documents, court appearances and negotiation.

How Long does it take for a Divorce to be Final?

After the parties reach an agreement and sign the Martial Termination Agreement, a document called a Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree is submitted for the Judge’s signature. After the Judge signs that document, the divorce is final. This process could be completed in as little as a few weeks. Of course, if a divorce cannot be resolved agreeably and requires litigation or a trial, it could take longer than six months to finalize.

How is Child Support Calculated in Minnesota?

Minnesota has guidelines to determine child support payments. The payment amount is based on each parent’s income and the amount of time he or she spends with the children. The guidelines also provide for add-on amounts for child care, health and dental insurance and unreimbursed medical expenses.

How are Retirement Benefits Divided in a Divorce?

Retirement funds that are martial in nature will be divided equitably between the parties.

Have more questions or concerns? Contact Heimerl & Lammers to discuss moving forward with your case and what options you have.

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