Minnesota Divorce Process Lawyer
• Preliminary Steps - Prior to starting a divorce proceeding or immediately after being served with divorce papers, a divorcing party may want to:
1. Remove ½ of the funds in joint bank accounts;
2. Close credit accounts with joint names;
3. Open new credit and bank accounts in your name only;
3. Compile your and your spouses financial holdings;
4. Hire an experienced divorce attorney
• Service of Process - Proceedings for marriage dissolution (divorce), legal separation, or annulment, in Minnesota, are started by personal service of a summons and petition on the other party. In some situations service may be accomplished by mail if the receiving party signs an acknowledgment of service.
• Summons - A Summons is a legal document which puts a party on notice that an action, in this case a divorce, has been started. In Minnesota an action is started by valid service of the Summons and Petition for Dissolution on the other party.
• Petition for Dissolution - The Petition for Dissolution is a legal document in the action for divorce, separation or annulment which accompanies the Summons. The Petition contains the general allegations in the matter and requests relief. The general allegations typically center around child custody, child support, spousal maintenance, property division and the payment of legal fees.
• Parenting Education Classes - In an effort to make parents more aware of the effects of divorce on children, Minnesota Courts mandate that each party attend a court approved parent education class prior to the divorce being granted. Approved classes are unique to each county.
• Alternative Dispute Resolution (ADR) - Now mandated by the Minnesota courts, parties involved in family law proceedings must attempt to settle the issues prior to hearing. The most common types of ADR process are Early Neutral Evaluation, Mediation, and Arbitration.
• Modification of the Divorce Decree - A divorce decree may be reopened if a moving party can show fraud, mistake, or inadvertence of a party or newly discovered evidence. The single most common reason that divorce decrees are reopened is that a party committed fraud by failing to list all assets.
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