If you are Minnesota and want to file for divorce, there are several grounds to consider. Couples can also file for uncontested divorce, which can be done in about six weeks, depending on the facts and circumstances of the case. In this post, we are discussing the process for uncontested divorce in Minnesota.
What is an uncontested divorce?
If both spouses agree to the relevant terms of the divorce, including matters like child custody, spousal alimony, child support and division of assets, they may file for an uncontested divorce. True to the name, an uncontested divorce is ‘uncontested’, but even if there is one matter of disagreement, the case will be a contested one.
Understanding uncontested divorces in Minnesota
There are two options for uncontested divorces in Minnesota – “summary dissolution” and “dissolution by joint petition”.
- The first option is called summary dissolution, which is a great option for couples who have no children, or when there are no significant assets or debts involved. To file for summary dissolution, necessary paperwork must be done, and the judge will sign the divorce decree, provided everything is as expected as per law.
- The second option is called dissolution by joint petition. If a couple has assets or matters of contention but decide on an agreement, they can file for dissolution by joint petition. In this case, the lawyers of both spouses will negotiate and come to an arrangement, which must be acceptable to both parties.
In case a party files for the divorce process and the other side doesn’t choose to contest the proceedings, the divorce may end up becoming an uncontested one. Sometimes, couples start with a contested divorce, but come to an agreement in between the process and complete the divorce as an uncontested divorce.
Hiring an attorney
Even if you think yours is a case of uncontested divorce, hiring an attorney is an absolute must. Filing for an uncontested divorce in Minnesota doesn’t have to be complicated, but having a lawyer on your side just ensures that you have adequate legal expertise and advice. Even if you wish to come to an agreement with your spouse and go for an uncontested divorce, your lawyer will negotiate and ensure that your rights and interests are protected. Do your homework when it comes to finding an attorney and before deciding on an uncontested divorce, discuss all relevant aspects and facts of your case.