Divorce for Dads
A marital dissolution (divorce)
proceeding is initiated when a Summons and Petition for dissolution
of marriage is personally served upon a party’s spouse. The Petition
is usually a rather vague document which just briefly outlines who
the parties are, whether they have children, and provides a brief
summary of the parties’ incomes and assets. The Petition also usually
contains a short statement regarding the relief requested by the
petitioning party.
To establish jurisdiction for a marital dissolution proceeding the spouse filing for the divorce has to have lived in Minnesota for 180 days. The divorce has to be filed in the county in which either party resides.
The party receiving the summons and petition has thirty (30) days to file an Answer, which is a legal document which responds to the requests for relief outlined in the Petition. Generally speaking, if an Answer is not served within thirty (30) days of personal service of the Petition the party initiating the dissolution proceeding will be allowed to proceed by default.
If the parties can reach an agreement with regard to the issues in the marital dissolution proceeding a document called a Martial Termination Agreement is usually drafted, executed (signed off on) by both of the parties, and forwarded to the Court for a Family Court Judge or Referee’s approval. The more the parties can agree upon matters in the dissolution proceeding the less the attorney’s fees and costs will be in the case.
If the parties cannot reach an agreement in the dissolution proceeding a temporary hearing is usually scheduled in the case. The purpose of the temporary hearing is to outline the rights and responsibilities of the parties during the pendency of the proceeding; including temporary occupancy of the homestead, temporary custody of the children, temporary parenting time, and temporary child support.
If the parties have children a custody evaluation may be ordered. The purpose of a custody evaluation is to provide the Family Court Judge or Referee with recommendations regarding the custodial arrangements which will serve the “best interests” of the parties’ minor children.
After a custody evaluation is completed, and/or after the parties have had an opportunity to exchange financial information and determine what the issues are in the case; a prehearing conference is scheduled by the Court. Both the parties and their attorneys must attend the prehearing conference. The purpose of the prehearing conference is to try to settle the case; or, if the case cannot be settled, narrow the issues and schedule a trial date.
There are no jury trials in Family Court. The case is argued to, and decided by, a judicial officer, usually a Family Court Judge or Referee.
We at the Nygaard & Longe Law Office believe that it is important to present your case in a way which will, hopefully, make the Judge or Referee most sympathetic to your position and issues of importance to you in the case.
The material and opinions provided by the Nygaard & Longe Law Office on this website, by telephone, or in consultation are provided for informational purposes only and do not constitute the establishment of an attorney-client relationship. An attorney-client relationship is established only by the execution of a retainer agreement with the Nygaard & Longe Law Office. The Nygaard & Longe Law Office is not responsible for the content of, or information provided by, linked sites.
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Links to State of Minnesota Statutes and Forms:
Minnesota's Child Support Calculator
Child Support Modification Forms
Minnesota's Child Support statute (Chapter 518A)