Contested vs. Uncontested Divorce
A divorce begins when the petitioner (the person who initiates the divorce) serves two legal documents, the Summons and the Petition, to the Respondent (The other party in the divorce). The Respondent has 30 days to respond, at which point the divorce proceedings begin.
There are two basic types of divorce in Minnesota: Uncontested and Contested.
In an uncontested divorce, both parties agree on how to split their possessions, and the court is not required to step in and divide assets and determine child custody. Uncontested divorces are quicker, easier, and cheaper than contested divorces.
In a contested divorce, the Respondent may contest the divorce action, or the two parties may not be able to agree on one or more of the following issues:
In most cases, divorce attorneys can resolve disputes before they go to court. If there is full agreement your family law lawyer will draft a Stipulated Findings of Fact, Conclusion of Law, Order for Judgment, and Decree which will be signed by the court. If the parties cannot come to an agreement, the dispute will go to court. In divorce cases that go to court, it is essential that you speak with a seasoned divorce lawyer who can help you through the process.