A contested divorce occurs when both spouses disagree on the terms of the divorce. If you’re going through this process in Minnesota, it’s important to understand the steps involved. Here’s an overview of what to expect.
Filing the divorce petition
The divorce process begins when one spouse files a petition for dissolution of marriage with the court. The petitioner then serves the divorce papers to the other spouse. The petition details the reasons for divorce and outlines requests for property division, spousal support, child custody, and other matters.
Responding to the petition
After receiving the petition, the respondent has 30 days to file a response. If the respondent agrees with the terms, the divorce can proceed uncontested. If disagreements remain, the divorce becomes contested, and both spouses will need to address unresolved issues.
Temporary orders
Either spouse can request temporary orders to address immediate concerns, such as child custody, child support, spousal support, and living arrangements. These orders remain in effect until the court finalizes the divorce.
Discovery process
During the discovery phase, both parties exchange financial information, including income, assets, debts, and expenses. This ensures both spouses have full knowledge of the financial situation before negotiating terms like property division.
Negotiation and settlement
Before a trial, both spouses should attempt to resolve their disputes through negotiation or mediation. This step allows both sides to present their positions and reach an agreement on issues like asset division and child custody.
Trial
If negotiations fail, the divorce proceeds to trial. Each spouse presents evidence and testimony to support their case. The judge will then make a final decision on the contested issues, which will be included in the divorce decree.
Final divorce decree
Once the judge issues the final divorce decree, it outlines the terms of property division, custody, and support. After both spouses sign the decree, the divorce becomes official, and they must follow the court’s orders.