Divorce - General, Laws and Process - Minnesota Divorce Source

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Minnesota’s Social Early Neutral Evaluation

The SENE in Minnesota is a form of Alternative Dispute resolution for custody and parenting time issues. Understanding the process is an important part of success.

Minnesota’s Financial Early Neutral Evaluation

Understanding the alternative dispute resolution format of an FENE can be critical to the outcome of any case where financial issues are in dispute.

Health Insurance and Divorce in Minnesota – Who Pays?

The availability of health insurance coverage is a concern for many people contemplating a divorce. This is especially true for people with children or those insured by a spouse’s health insurance policy.

Frequently Asked Questions About Getting Divorced in Minnesota

A divorce can take as little time as 2 months or it can take several years. Typically, a divorce takes about 6-8 months. The duration of your divorce depends on the how complicated your case is and more importantly how well you and your spouse work together to reach an agreement.

Order for Protection in Minnesota - OFP

If you have been served with an Order for Protection, it is important that you consult with an attorney immediately to discuss your rights, as in most cases you only have five days to request a hearing after you are served with an Order for Protection.

Parent Education Programs for Divorce in Minnesota

When determining whether to terminate a parents rights to his or her child, the court looks to the child’s best interests. The judge must look at each child as an individual and cannot merely assume that a parents prior conduct will automatically justify termination, even if that conduct resulted in termination of rights regarding a different child.

May I Record Telephone Conversations in Minnesota?

Under Minnesota law, as long as you yourself are a party to the conversation, it is lawful for you to record that conversation, even secretly. Furthermore, it happens often enough in family practice that you are wise to assume that any telephone conversation with your spouse is in fact being recorded, and to temper your speech accordingly - i.e., no anger, name-calling, or spiteful speech of any kind.

May I Kick My Spouse out of the House and Change the Locks in Minnesota?

I am often asked whether it is permissible to kick ones spouse out of the house and change the locks. The short answer is: NO. Furthermore,It doesn’t matter that the house is titled solely in one spouses name or neither spouses name.

May I Contest the Divorce Itself in Minnesota?

Cases where only one spouse wants the divorce are fairly common. People often mistakenly assume that they cannot contest the divorce itself. This is simply false. You certainly do have the right to contest the divorce. No fault divorce does not equate to divorce on demand.

How Much Compromise is Reasonable in Minnesota?

Judges, evaluators, and guardians will often pontificate about the virtue of compromise and settlement, as if this were the ultimate objective of any reasonable person, rather than as a means to an end. They speak as if both parties are equally to blame for a failure to settle, when in fact such failure is often the result of only one of the parties, who is being excessively greedy, obnoxious, stubborn, or selfish.

How Do I Prepare for Imminent Divorce in Minnesota?

If divorce appears imminent, there are a few things that one should consider doing to prepare (ideally after consulting an attorney).

Annulments in Minnesota

This article discusses civil annulments of marriage in Minnesota. Religious annulments, such as those granted by the Catholic Church, are beyond the scope of this article. Unlike a divorce, which terminates a marriage as of the date of entry of the divorce decree, an annulment is a judicial determination that the marriage never validly existed at all. Annulments in civil law are a rarity, because the legal grounds for granting them are quite narrow.

Dirty Tricks in Minnesota Divorce, and How to Avoid Them

Lesson: Don’t agree to trial separations without first consulting a lawyer, as it will be very important to arrange the trial separation in a way that doesn’t prejudice your rights should you still end up in divorce.

Paternity in Minnesota

The days of factual disputes over paternity are long gone, as the issue of biological paternity is now decided by DNA, which is hard to argue with. Disputes may still arise as a matter of law where, for example, one man is presumed the father because of DNA, and another is presumed the father by reason of marriage. For reasons of public policy, the biological father does not always prevail.

Can I Argue Adultery in a Minnesota Divorce Case?

In equal numbers, prospective clients come to me either excited about a perceived ace-in-the-hole because of the other spouses adultery, or worried about his or her own adultery. Neither attitude is warranted.

Does Minnesota have a Divorce Waiting Period?

In order to commence a divorce in Minnesota, one or the other spouse must be a resident or domiciliary of Minnesota for 6 months immediately preceding commencement of the divorce.

How Do I Prove My Spouse is Crazy in a Minnesota Divorce Case?

From time to time a client will come to me, excited that he or she has figured out a sure-fire way to win custody, because he or she has personally diagnosed the spouse with Borderline Personality Disorder (BPD), Parental Alienation Syndrome (PAS), or some other mental illness.

Should I Discuss the Divorce with the Children, in Minnesota?

The generally accepted view of the courts is that children are to be kept out of the divorce as much as possible. Discussions of court proceedings with the children are discouraged.

Should I Empty the Joint Bank Account in a Minnesota Divorce Situation?

Emptying the joint bank checking or savings account in anticipation of divorce would ordinarily be frowned upon, unless you had a very justifiable reason. Be warned, however, that your spouse may beat you to it.

In A Minnesota Divorce or Custody Case, Should I Move Out of the House, And If So, How?

Clients often ask whether they should move out of the marital home prior to or during the commencement of divorce proceedings. The answer is that it depends.

What Can I Do to Keep Costs Down in My Minnesota Divorce, Custody or Other Family Law Case?

Don’t make your attorney justify every single decision. We’re happy to do it, but it takes time, and time costs you money. The point is not for you to acquire a law school education. The point is to represent your interests with excellence and efficiency. If you cant take your lawyers word for something, its time to get a new lawyer.

All About Annulments

In our modern world, an annulment tends to be more a creature of religion than of law. Annulments are rarely granted and when they are, very specific circumstances must exist. Often people believe that they may annul a marriage simply because it was of a very short duration.

Divorce and Legal Fees

It is difficult to determine how much a divorce will cost. However, after reviewing the likely issues, your method for resolving those issues, and hearing your philosophy of the case, a lawyer may be able to give you a range of expected expenses.

How To Reduce Your Legal Fees

Simply by being organized and remaining actively involved in your case you may significantly reduce your legal fees. Your lawyer will provide you with a number of documents received during the proceeding. This may include correspondence, court notices or other legal documents.

Indecent Proposal - Breach of Promise to Marry

How is that for an indecent proposal! Imagine how much more indecent the proposal becomes if after the abortion, the promising party fails to follow through on the other promises.

Can I Sue My Spouse?

The Minnesota Court of Appeals recently ruled that a man could sue his wife after their divorce for fraud and infliction of emotional distress, when he discovered that two children born during their marriage were not his.

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