MARRIAGE DISSOLUTION LEGAL SERVICES

Introduction

The goal of the legal process of divorce (called dissolution of marriage in Minnesota) is to end the marriage and decide such issues as child custody, parenting time, child and spousal support, property and debt division and attorney's fees and costs.

A divorce judgment can be based on an agreement between the parties or result from a trial. An agreement is always better and less emotionally draining for you and your children, and less expensive than a trial. The good news is that approximately 95% of all cases are resolved without a trial.

Divorce Proceedings

A divorce begins with the Petition. This document notifies the court and your spouse, when served, that you want the court to end your marriage. It also lists what you are asking for, such as child custody, parenting time, child support, spousal support, property division, attorney's fees and costs.

The Response

After a Petition is served, the other spouse is entitled to file opposing papers. This must be done within thirty days of receiving the petition. If your spouse wants to raise any new or different issues than what is in your petition, your spouse can file a counter-petition. Often, however, a simple phone call from your spouse's attorney to your attorney indicating that they would like to start negotiating a settlement will suffice instead of drafting a response to the petition or a counter-petition.

Temporary orders

Temporary orders set the rules while the case is pending. Either party can ask the court to make temporary orders stating, for example, who stays in the house, who is responsible for the children, who pays which bills and restraining inappropriate conduct. It is in both spouses' best interest to agree upon reasonable arrangements while the case is pending rather than incur additional legal fees and add to bad feelings by having to go to court for temporary orders. In a few states, some temporary orders automatically go into effect when a divorce proceeding is filed or the other spouse is served.

Discovery

Each spouse is entitled to information from the other about the case. The legal procedures for obtaining that information are called "discovery". Discovery may be a simple, speedy process or one consuming a great deal of time, energy and money.

There are several different discovery procedures, sometimes referred to as discovery devices. A list of questions known as interrogatories, requiring a formal written answer to each question, may be sent. By a request for production one party may obtain documents from the other. In a deposition, or examination before trial, the spouses and other persons, including experts, may be required to answer questions under oath in a lawyer's office while a court reporter takes down what is said and then prepares a transcript. If your deposition is to be taken, there will be advance notice and your lawyer will discuss the procedure with you.

Discovery may also be conducted informally. It is often more efficient and less expensive for lawyers informally to exchange documents and information than to send and respond to interrogatories and requests for production and to take depositions.