When you think of divorce, you might picture dramatic courtroom battles like those portrayed in movies and TV shows. But the reality is often quite different. Everyone’s reasons for divorce and experiences are unique.
How the process unfolds depends on several factors, including your relationship with your spouse, financial situation and willingness to compromise. While some divorces do end up in court, many couples find ways to settle their differences without lengthy litigation.
Requirements for divorce
To file for divorce in Minnesota, you must meet residency requirements (at least one spouse must reside in the state for a minimum of 180 days before filing) and complete the necessary paperwork. Minnesota is a no-fault state, meaning an “irretrievable breakdown” in the marriage is the only reason you need to file.
You’ll need to decide whether to pursue an uncontested or contested divorce, depending on your ability to agree with your spouse on key issues. Before a court grants your divorce, you must settle:
- Division of assets and debts
- Child custody and visitation
- Child support
- Spousal maintenance (alimony)
- Division of retirement accounts
If you agree on these issues, your divorce can move forward smoothly. If disagreements arise, you still have options to find a middle ground through mediation or another form of alternative dispute resolution. If those efforts are unsuccessful, the court decides for you.
Negotiate or litigate?
When contemplating negotiating or litigating your divorce, consider these three key factors:
- Time: Trials can significantly extend the divorce process, sometimes over a year. Settlements usually resolve faster, allowing you to move on sooner.
- Money: Court costs and attorney fees can quickly add up in a trial. Settling often costs less and reduces financial strain.
- Stress: The emotional toll of a drawn-out trial affects not only you but also your children. Settlements can alleviate stress and promote amicable resolutions.
Carefully considering these elements can help you decide the most suitable path.
Protecting your rights and interests
Don’t let your preconceived notions about divorce cloud your judgment when deciding how to proceed. A skilled divorce attorney can help you understand your options and determine the best path forward based on your goals.
An experienced and compassionate lawyer can advise you on whether settlement or litigation is more likely to achieve your goals and protect your interests. With proper guidance, you can navigate the divorce process confidently and work toward a brighter future.