Marriage Dissolution:  Procedures

RESIDENCY
Either wife or husband must have resided or domiciled in the state for at least 180 days before starting the proceeding. It may be initiated by either or both spouses. A dissolution may be granted in the county where either spouse lives.

PETITION
The petition (request to the court) for dissolution of marriage contains such basic information as: names and addresses of the couple; date and place of marriage; names, ages and birth dates of dependent children; residence; and any requests for temporary or permanent maintenance, child custody, child support, disposition of property and legal fees.

ALTERNATIVE DISPUTE RESOLUTION
The Supreme Court requires that all persons seeking a marriage dissolution must take part in Alternative Dispute Resolution* (ADR). The divorcing parties are required to choose an out-of-court adjudicative process (such as arbitration, mediation, consensual special magistrate, moderated settlement conference, or a summary jury trial). If the parties are unable to agree on an ADR process, the court will determine which is most appropriate.  If a settlement acceptable to the divorcing parties is reached, the agreement is filed with the court. The decisions made are binding unless an appeal is filed by one or both of the parties within twenty days from the date of settlement. If no settlement is reached through the ADR process, the divorcing parties may then pursue the marriage dissolution through the court.
*This requirement is waived if domestic abuse has occurred within the relationship.

TEMPORARY ORDERS
Temporary orders may be granted by the court until a final decision on: custody and parenting time of children; maintenance; child support; use and possession of property; and restraining orders.

LEGAL FEES
Each spouse is responsible for his or her own debts. However, the court may require one spouse to pay a reasonable amount necessary to enable the other to carry on or contest the proceedings and to pay the corresponding legal fees. The court may also award attorney's fees at its discretion.

MANDATORY PARENTING CLASSES
In marriage dissolution proceedings where custody and/or parenting time are contested, the parents of minor children must attend a court-approved parent education program. The purpose of these programs is to educate parents about the impact that marriage dissolution, court proceedings and the restructuring of families have upon children. In some instances the children of divorcing parents may also be ordered to attend an educational program with the aim of helping them to better cope with the marriage dissolution. Both parties will be required to pay a couseling fee. Statements made in counseling are not evidence in divorce proceedings. Upon request and a showing of good cause the parties do not need to be in the same class. A minimum of eight (8) hours is required in a contested proceeding and attendance may be ordered even if the divorce is not contested. See Minn Stat 518.157

DIVISION of MARITAL PROPERTY
The law provides that the division of marital property be just and equitable. It is made without regard to marital misconduct. Factors considered are: length of marriage; age, health and occupation of each spouse; amount and sources of income; employment ability; debts, needs and financial opportunities; and contribution of each spouse to the marital property. It is presumed that each spouse made a substantial contribution to the acquisition of income and property. The court may award either spouse the household goods and furniture, whether or not acquired during the marriage. If a party transfers or disposes of marital assets without consent or not in the normal course of business while contemplating divorce, the judge will place the parties in position as if the transaction di dnot happen. See Minn Stat 518.58

This document provides general information on marriage dissolution and the law.  It is not intended to be used as legal advise.  For application and interpretation of the law to your situation, contact an attorney or one of the resources listed in the brochure.

Last Updated: 05/21/10 (ab,jl)