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You’ve been Served with Divorce Papers – Now what?
If you have been served with divorce papers, you are probably wondering what to do and what your options are. You have essentially two options.
Your first option is to do nothing (you are technically not required to respond). However, this is generally inadvisable. If you do nothing, the court can grant your spouse’s Petition, including determinations of custody, child support, property division, and other matters, without your input.
In almost all cases, responding to the petition and engaging in the divorce (called a dissolution of marriage in Minnesota) process is the best way to protect your rights. While the exact process and details will vary depending on a number of factors, here is what you can generally expect:
What is the Divorce Process in Minnesota?
- Answer / Counterpetition. You have 30 days with which to respond after being served with the divorce petition. An Answer and Counterpetition is a responsive document that outlines your positions to your spouse and his/her attorney.
- Initial Case Management Conference. The next step is that the parties will attend the Initial Case Management Conference, or “ICMC.” This is the first hearing with the Judge. This hearing is the opportunity for the Judge to meet the parties, learn what issues are in dispute, discuss alternative dispute resolution (ADR), such as early neutral evaluation (ENE) and mediation, and schedule appraisals and discovery deadlines.
- Discovery. Next, each party requests and exchanges information and documents. This is known as the discovery process. Each party has a right to all the information necessary to make an informed decision as to the resolution of their case. In family law cases, this typically happens through an informal process, but formal discovery is periodically required.
- Alternative Dispute Resolution (ADR). After the parties have disclosed relevant information and documents, they will participate in some form of alternative dispute resolution. This can take different forms depending on the facts of the case and needs of the parties. One option is an ENE, which takes the form of a Social Early Neutral Evaluation (SENE) or a Financial Early Neutral Evaluation (FENE). These are variations on mediation, where experts will evaluate the custody and parenting time issues (in an SENE) or financial situation (in an FENE), give their recommendations, and work with the parties to negotiate a resolution.
- Settlement Negotiations. This can start before the ADR process, and will almost always continue to take place all the way up to trial.
- Trial. If the parties are unable to reach a resolution, then the divorce case will proceed to trial. At trial, your attorney will use the information gathered during the discovery process as evidence to try to convince the Judge to rule in your favor.
- Final Judgment. The process ends by the Judge issuing a final judgment, which will terminate your marriage and decide all unresolved issues.
Do I need a Divorce Lawyer for my Minnesota Divorce?
While it is possible for some individuals to navigate the divorce process without hiring a Minnesota divorce attorney, it is not recommended. The emotions of a divorce can be difficult to manage while also trying to navigate the complicated legal processes, comply with Minnesota Rules of Civil Procedure and other laws, and make objective decisions that will have enormous impacts on your future. An experienced, qualified Minnesota divorce lawyer can guide you through the process, ensure compliance with all court rules and Minnesota laws, protect your rights, and give you valuable advice based on years of experience.
If you have been served with a Petition for Dissolution of Marriage and would like to schedule a consultation, please contact the experienced divorce attorneys at Melchert Hubert Sjodin.
