If you face a divorce, you may feel the stress of knowing the decisions you make today may affect you for the rest of your life. Divorce changes everything. And while it marks the end of your marriage, it marks the beginning of the rest of your life. It is important to protect your rights during the divorce process, so that you are prepared for a stable, financially secure future.

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Minnesota Divorce Guide

Divorce can be a complex and emotional process. Understanding your options and what to expect can help make the journey smoother. This guide provides comprehensive information on various aspects of divorce in Minnesota, including choosing the best divorce lawyer, the divorce process, custody and parenting time, division of assets and debts, child support, spousal maintenance, and more. Serving clients throughout the South Metro and across the Twin Cities, Dougherty, Molenda, Solfest, Hills & Bauer P.A. and our dedicated team of attorneys is here to support you every step of the way.

Choosing the Best Divorce Lawyer

Selecting the right divorce lawyer is crucial for navigating the legal complexities of divorce. Consider the following when choosing a lawyer:

Experience: Look for a lawyer with experience in Minnesota family law. Our lawyers offer more than a decade of collective experience in family law matters.
Reputation: Read reviews and seek recommendations from trusted sources. Our attorneys are top-rated, including being named to the Minnesota Super Lawyers list and receiving top ratings on www.avvo.com.
Communication: Choose a lawyer who communicates clearly and promptly. Our attorneys use client portals and phone apps to communicate documents, events, and to receive bill payments.
Cost: Understand the lawyer’s fee structure and ensure it fits your budget. From experienced shareholders to hard-working associate attorneys and paralegals, our family law team leverages experience and budget to provide efficient results.
Compatibility: Ensure you feel comfortable discussing personal matters with the lawyer. We want to make sure your attorney is a fit. We have more family law attorneys than any firm in Dakota County. We’re confident you’ll find a fit with us.

Guiding You Through the Divorce Process

Whether you are facing a straightforward, uncontested divorce, or a contentious, low or high-asset divorce, it is important to have an experienced attorney guide you through the divorce process. A mistake or missed opportunity today can have long-lasting consequences that affect child custody, property division, spousal maintenance, retirement, and other important issues.

At Dougherty, Molenda, Solfest, Hills & Bauer P.A., our divorce attorneys provide experienced legal guidance and aggressive advocacy for clients throughout Dakota County and across the Twin Cities. But aggressive advocacy can be oversold by lawyers. We’re aggressive when we need to be, but we also understand that needless aggression can have adverse consequences with judges and mediators. Needless aggression can also be expensive, for both sides. Aggressive representation is not our mantra, but it is our tool, which we use with precision, and only when necessary. Where attorneys adopt the emotion of their clients in family law cases, results suffer. Our attorneys understand this delicate balance. Our family law attorneys are prepared for the straightforward, but when the unexpected occurs, our team has the bandwidth to devote substantial resources to solving complex personal and financial disputes in divorce.

What to Expect During the Divorce Process

The divorce process in Minnesota involves several steps, including the following:

Filing a Petition: One spouse files a Petition for Dissolution of Marriage.
Serving the Petition: The petition is served to the other spouse.
Response: The other spouse has 30 days to respond to the petition.
Temporary Orders: Temporary orders for custody, support, and property use may be issued.
Discovery: Both parties exchange financial information and other relevant documents.
Negotiation: Parties negotiate terms of the divorce, including custody and asset division.
Trial: If an agreement cannot be reached, the case goes to trial.
Final Decree: The court issues a final decree of divorce.

Custody and Parenting Time

Child custody and parenting time are determined based on the best interests of the child. Section 518.17 provides this calculus. Minnesota recognizes two types of custody:

Legal Custody: The right to make major decisions about the child’s life. Specifically, it means “the right to determine the child's upbringing, including education, health care, and religious training.” Minn. Stat. 518.003, subd. 3 (a).
Physical Custody: Where the child lives and daily care decisions. Specifically, it means “the routine daily care and control and the residence of the child.” Minn. Stat. 518.003, subd. 3(c).

A divorce with children in Minnesota always involves a determination of which spouse will have legal and physical custody, and whether those responsibilities will be joint or whether they will be awarded to one parent.

Division of Assets and Debts

Minnesota is an equitable distribution state, meaning assets and debts are divided fairly, though not necessarily equally. Factors considered include:

Length of the marriage
Each spouse’s contribution to the marriage
Each spouse’s economic circumstances
Future needs and earning potential

Child Support

Child support in Minnesota is calculated using the Income Shares Model, which considers both parents’ incomes, the needs of the child, and the amount of parenting time each parent has.

Spousal Maintenance

In Minnesota, spousal maintenance, or alimony, may be awarded to one spouse based on:

The length of the marriage
Each spouse’s financial resources
The standard of living during the marriage
Age and health of both spouses

Preparing for Divorce in Minnesota

Preparation is key to a smooth divorce process. Steps include:

Gather Financial Information: Collect all financial documents, including bank statements, tax returns, and investment records.
Avoid Social Media: Be cautious about your social media activity, as it can be used as evidence.
Evaluate Pre-Divorce Valuation of Assets: Get a professional valuation of assets to ensure fair division.

Steps to File for Divorce

Forms: Complete the necessary forms, including the Petition for Dissolution of Marriage. Minnesota offers many of these forms online on its website. Click here to access the forms. Contact us if you would like one of our attorneys to provide a personalized plan for your divorce.
Filing Fees: Pay the filing fees, which vary by county.
Serving Your Spouse: Serve the petition and other documents to your spouse, usually through a process server or sheriff.

Legal Separation vs. Divorce

Legal separation is an alternative to divorce where the couple remains legally married but lives separately. It involves similar processes to divorce, including division of assets and custody arrangements. Property implications can vary, as legal separation does not end the marriage.

Property Division and Child Custody

Property division and child custody and parenting time are often the most contentious issues in a divorce. It’s important to understand your rights and work towards an amicable resolution. In Minnesota, the goal is to ensure a fair division of property and a custody arrangement that serves the best interests of the child.

Resolving Divorce Disputes: Tested in Trial, Trusted in Crisis

If you are engaged in a divorce dispute, it is important to operate from positions of strength — based on facts and knowledge of how the law applies to them. Our approach to divorce disputes is thorough and proactive. While we seek amicable solutions through negotiation and mediation, we are always prepared for divorce litigation. Our team of attorneys routinely appear in court in the Twin Cities metro and around the state of Minnesota to provide strategic and client-focused representation in family law cases.

Mediation, FENE's, and Other Dispute Resolution

Alternative dispute resolution methods in Minnesota are nation-leading, and they can help avoid a contentious court battle. They include the following types:

Family Law Mediation: A neutral third party helps the couple reach an agreement.
Financial Early Neutral Evaluation (FENE): A financial expert helps resolve economic disputes.
Social Early Neutral Evaluation (SENE): Focuses on custody and parenting time issues.

Our lawyers will work with you personally to help you understand your options and explore likely outcomes of given actions. The decisions are yours. We are here to offer guidance and tirelessly advocate on your behalf.

Contact Our Dissolution Attorneys in Apple Valley

To learn more about the services our divorce attorneys provide in Dakota County, please call us at 952-432-3136 or, if you prefer, contact us using our online form.