Ending a marriage in Minnesota is always difficult. Even if you and your spouse are on good terms and largely agree on the major issues, getting divorced can be a long and complicated process. What’s more, a mistake now could haunt you for years to come. It is important that you consult with an attorney to avoid making an error that could be long-lasting.
The Shakopee divorce lawyers with Jaspers, Moriarty & Wetherille, P.A. can protect your interests during this critical time. We’ve served the people of Scott County for over 40 years and have earned a reputation for our compassion and experience. Whether your divorce is by agreement between you and your spouse or high conflict, we can assert your right to marital assets, address child custody matters, and negotiate a fair alimony arrangement.
As Jaspers, Moriarty & Wetherille, P.A., we tailor our representation to your needs and desires. We won’t perform unnecessary work to pad your bill but will talk with you about your options and choices to get the results that are fair to you. This flexibility in representation is a hallmark of our firm: we put clients first, not fees.
Our broad experience also positions us to see angles and opportunities that perhaps others don’t. Do you own a business that is part of your divorce? Do you own rental real estate? Are there criminal matters tied into your divorce? Are there protective orders in place, or being sought? Do you expect to receive, or have you received an inheritance? We have experience in identifying issues like these and more and in creating solutions that address them.
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In Minnesota, the divorce process often starts when one spouse files a Petition for Dissolution of Marriage with their local district court. This petition includes basic information about both spouses, any minor children involved, the couple’s shared and individual property, and the reasons for the divorce.
Minnesota’s no-fault divorce laws mean that the irreparable breakdown of a marriage is sufficient grounds for divorce. Once one spouse submits the petition, they must formally deliver the divorce papers to the other spouse. (This is what it means to “serve” papers.) The other spouse then has 30 days to respond.
The next stage is for the court to schedule an Initial Case Management Conference. At this meeting, both spouses and their lawyers meet with a judge to identify major issues that must be resolved before the divorce can be finalized. These issues include child custody, child support, division of property, and spousal support.
Next is the discovery phase, where the spouses exchange information about their finances, property, and other matters. Minnesota courts encourage spouses to resolve their issues through mediation or negotiation. If both spouses can agree on these matters, their attorneys will draft a settlement agreement outlining their terms. Both sides will then submit the proposed agreement to the judge for approval.
However, if the couple can’t agree, the case moves to trial. During the trial, both spouses present evidence, testimony, and arguments. After hearing everything, the judge decides on any unresolved issues.
Finally, after reviewing all agreements or testimony, the judge issues a final Judgment and Decree. This legally binding document formally ends the marriage and settles all issues regarding children, property, and financial matters. The divorce is official when the court enters this final order.
Working with an experienced divorce attorney is essential for achieving your goals and starting your new life on solid footing. First, your lawyer can draft and file the necessary paperwork on your behalf so that your divorce petition or response accounts for your needs and goals. These might include custody of your children, division of your shared assets, or financial support after the divorce.
Your attorney can also manage communication with your spouse or their lawyer to help you avoid unnecessary arguments. For example, your lawyer can speak for you during the initial case management conference to highlight your priorities—like protecting your parental rights or securing your fair share of marital assets. Having a lawyer represent you here can often resolve early disagreements before they become bigger issues.
As your divorce moves into the discovery phase, your attorney can help you gather and evaluate financial information. For instance, if your spouse controls most of your shared finances, your lawyer can determine if your spouse has any hidden income or assets. If negotiations or mediation are necessary, your attorney can represent your interests and fight for agreements that work best for you and your children. But if your divorce goes to trial, your attorney can carefully prepare your case, present evidence to support your position, and advocate for your needs in front of a judge.
Finally, your divorce attorney can review the judge’s proposed order to make sure everything matches what you agreed to or fought for in court. By guiding you through each step and carefully protecting your rights, a trusted Shakopee divorce lawyer can provide peace of mind and help you build a stable future.
Foregoing skilled legal guidance can expose you to substantial risks during your divorce. For example, you might overlook essential deadlines or paperwork. Missing a deadline could mean losing your chance to request financial support or challenge property division decisions.
Another risk involves misunderstandings about your rights, especially with complex issues like child custody or parenting time. Without a lawyer, you may unintentionally agree to an unfair custody arrangement that limits your time and relationship with your children. Changing custody later is difficult and expensive, so it’s important to get things right the first time around, if possible.
Similarly, handling property division issues alone can result in significant financial losses. You might unknowingly agree to unfair terms, such as taking sole responsibility for shared debts or undervaluing assets such as retirement accounts or real estate. You can’t easily modify these decisions once your divorce is final, which can leave you with lasting financial consequences.
Our Shakopee divorce attorneys can manage all aspects of your case. Some specific issues we can help you with include:
Here are the answers to some common questions we get about divorces in Minnesota:
It depends. If both spouses agree on the terms, a divorce can take as little as a few months. Contested cases with disagreements over custody or property may take a year or more.
Not necessarily. Many divorces are settled through mediation or negotiation, which means you might not need to appear in court. However, if you can’t agree on key issues, a judge will need to decide, and you’ll go to trial.
Minnesota uses the “equitable distribution” rule in divorces, meaning spouses must split their shared property fairly—but not always equally. The court looks at factors like the length of the marriage, each spouse’s income, and contributions to the household to determine what property each spouse will receive.
Minnesota courts make custody decisions based on a legal standard called the best interests of the child. A court considers factors such as each parent’s resources, prior involvement in the child’s life, and the child’s needs when making these decisions.
Are you going through a divorce in Minnesota? If so, you need experienced legal guidance to help you assert your rights and seek the fair outcome you deserve. Call Jaspers, Moriarty & Wetherille, P.A. now or reach out online for an initial consultation with a Shakopee divorce attorney who cares.
