Minneapolis Divorce / Marriage Dissolution Attorneys

Minnesota "no fault" divorce lawyers

Hiring experienced local family law attorneys is critical when the dissolution of a marriage is being contemplated. State laws on marriage dissolutions and divorces can and do vary. Minnesota, for instance, is a "no fault" divorce state.

The family law attorneys of Katz, Manka, Ltd. have assisted clients with troubled marriages under Minnesota laws for more than 50 years. Let us help you during what we know are stressful times.

What are "no fault" divorce proceedings?

As the name implies, "no fault" means that a spouse does not have to prove the other spouse was at fault or did something wrong to cause the breakdown of the marriage, to obtain a divorce. Either spouse may start a divorce action by simply alleging there has been "an irretrievable breakdown in the marriage relationship."

Starting a divorce action

Once a decision to start a divorce action is made, one party (the "petitioner") will serve the other (the "respondent") with two documents:

1. Summons — legal notice that a divorce action has been started by the petitioner
2. Petition — provides "notice" to the other side of the very basic facts ultimately necessary for the court to decide the case

Below are some quick facts on each.

Summons

• Contains a preliminary restraining order, preventing changes in asset ownership except for the necessities of life or in the ordinary course of business.
• In Minnesota, unless the petitioner agrees to an extension, the answer must be served within 30 days.
• If you ignore the service of a summons and petition, the petitioner may serve a motion with the court requesting a default judgment to immediately dissolve the marriage — terminating certain key rights and access to assets you have.

While courts may set aside a default judgment, it is not done often. This is a very serious matter. It highlights why retaining a skilled divorce lawyer to help you respond to a summons and petition within 30 days and throughout further proceedings is critical.

Petition

• Lists the two parties' basic information, e.g., names, addresses and ages.
• Identifies the names and ages of the parties' children, if any, together with a general allegation of what “custody” or "parenting time” arrangement the petitioner believes to be in the best interest of the children.
• Identifies to the best of the petitioner's knowledge the parties' "real property" (land and building) ownership, including the homestead, and any vacation or investment real property the parties have.
• Identifies to the best of the petitioner's knowledge the parties' other assets and liabilities.

At the end of the petition is a section referred to as a “prayer for relief.” This is where the petitioner indicates in general: his/her desire that the marriage be dissolved; desires as to custody/parenting time, child support, spousal maintenance, property and debt division; and allocation of attorney fees.

Immediate issues — temporary hearings and alternative dispute resolution

After the service of the petition, depending on the county in which the action commences, the proceedings will go forward. The next step in most counties is a requirement for the parties to take:

• Divorce education courses
• A course on the mediation process, and/or other types of alternative dispute resolution

Alternative dispute resolution (ADR) is increasingly popular since it is aimed at avoiding or minimizing the litigation (court) process. For more information about ADR click this link.

In all counties but Hennepin County, the court will next quickly allow scheduling of a temporary hearing in which one party may request certain temporary relief. This includes such things as: who lives in the home during the proceeding; who will pay the mortgage, taxes, insurance and utilities; what type of temporary custody/parenting arrangement is in the children's best interest, etc. The attorneys will then argue your position before a judge, who will issue a written order deciding the temporary issues.

* Click the following link for information on divorce and dissolution in Hennepin County.

The road to dissolution

If mediation is unsuccessful, dissolution is in your future. And, while 95 percent of divorce proceedings end in settlements pre-trial, the steps that would be followed on the path to a possible trial are worth understanding so you know about your options and the process. Links to more detailed materials on a few important ones are provided.

Discovery

Attorneys use a variety of techniques to have the parties produce documents or make statements to validate the existence and value of assets, and have them swear under oath to their authenticity. They may also question (via a sworn legal proceeding known as a deposition) other people with knowledge as to the parties’ asset location and value, such as bankers, business associates and expert appraisers.

Custody/parenting time

If you and your spouse have been unable to resolve issues involving your children, it may be necessary to have a formal custody/parenting time evaluation. In this process not just family members but friends, neighbors, teachers, doctors and counselors are asked about who should be given custody. You will also be observed interacting with your children and possibly given psychological testing. At the end of this process the evaluation will be presented that hopefully will facilitate settlement or be used by the court if it has to make a determination at trial.

Settlement discussions and pre–trial

After discovery, attorneys will usually work with you on a settlement proposal. It typically contains:

• A summary of your assets and liabilities — critical because Minnesota requires an "Equitable Division of Property," which, based on consideration of a number of factors, enables a fairly equal division of property.
• Proposals as to custody/parenting time, child support and spousal maintenance (alimony).

Ultimately, if the parties cannot resolve some or all issues, the court will schedule one last "pre-trial" attempt to facilitate a settlement. If unsuccessful, the matter will be set for trial.

Trial

Perhaps nowhere is the retention of skilled counsel more important. Trial involves extensive:

• Study of all facts and evidence relevant to your case
• Preparation of your witnesses and for examination of those of the other party
• Preparation of exhibits summarizing your position as to the evidence
• Development of strategies for presentation and resolution of key contested issues

The goal is to forcefully present your case to a trial judge, and based on our years of experience enable them to reach an outcome that is optimized to the extent possible for your best interests and those of your children.

Post–trial and appeal

Following trial and final written submissions, the judicial officer is allowed up to 90 days to issue written "Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree." This is the legal document that dissolves your marriage and decides all issues involving your children, property division, child support, spousal maintenance and attorney fees.

Minnesota law has a set procedure and time limit to allow either party to raise issues about the court ruling. If satisfaction is not achieved, either party may appeal to the Minnesota Court of Appeals. Ultimately the appeal process can reach the Minnesota Supreme Court which hears only a few family law cases based mostly on their novel factual or legal issues.

Protecting the rights of Minnesota family law and personal injury clients for more than 50 years

Katz, Manka, Ltd., primarily a family law and personal injury law firm, represents clients from throughout the Twin Cities area and beyond, including:

Contact us today online or by calling 612-333-1671. Allow us to explain how we can assist you.