Minnesota Divorce FAQ

What is an uncontested divorce?

A divorce is considered uncontested when the two parties agree to divorce and agree on all the important matters such as marital property, asset and debt division, child support, custody and parenting time.

Will I have to pay child support?

Minnesota has guidelines to determine child support payments. The child support calculation is based on the income of the parents and the amount of parenting time each parent has. Under the guidelines additional amounts may be added on for such items as unreimbursed medical expenses, dental and health insurance and child care. In some cases no child support is required. A Minnesota divorce lawyer can answer questions concerning your specific situation during a consultation.

What is spousal maintenance?

Spousal maintenance is also known as alimony. The two terms may be used interchangeably.

How long does it take for the divorce to be final?

Where both parties are willing to settle and work out agreements a divorce may only take a few weeks. Where one or both parties are unwilling to reach agreements the process can take anywhere from several months to over a year.

Do I have to have a lawyer to get divorce in Minnesota?

Even in an uncontested divorce, you need advice and representation. A family law attorney at our firm provides current information on the laws regarding marital property and property division, support, children and parenting agreements. It is important that you fully understand your rights and the rights of any children of the marriage. It is also important to be aware of any current or future tax or other financial or legal issues and minimize future problems. Your legal counsel can help you with the many documents involved and represent you in any required court appearances or at trial if that becomes necessary.

What is the cost of a divorce?

This will vary depending upon the circumstances and the law firm you choose. In a divorce where the two parties are contentious resulting in negotiations and court hearings the costs and attorney's fees will be much higher than one where the two parties are determined to reach agreement.

When is a divorce final?

Once an agreement has been reached and both parties sign the Marital Termination Agreement, a Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree is submitted to the Judge for signature. Once the Judge has signed this document, the divorce is final.

How are retirement benefits divided in a divorce?

Retirement benefits which are not marital property will remain with the beneficiary. Retirement funds that are deemed marital property with be divided fairly between the two parties. Your divorce attorney can explain the difference between marital and non-marital assets and help you to make a determination.

If you have questions concerning your divorce, contact a Minnesota divorce attorney at our firm to get the answers your need.