Divorce Process FAQ

Divorce Process FAQ

Understanding Divorce in Minnesota

Divorce can feel overwhelming, especially if you’re not sure what to expect. At the Law Office of Jennifer Macaulay, we help clients throughout Edina and the Twin Cities metro area navigate divorce with clarity and confidence. Below are answers to some of the most frequently asked questions about how divorce works in Minnesota.

The process begins when one spouse files a Petition for Dissolution of Marriage with the court. This legal document outlines the basic facts of the case and what the filing spouse is asking for (custody, support, property division, etc.). The other spouse must then be formally served and has the opportunity to respond.

Yes. You do not have to prove wrongdoing to get a divorce in Minnesota. The only requirement is that there has been an irretrievable breakdown of the marriage, meaning that there is no reasonable chance the marriage can be saved.

Not necessarily. Many divorces are resolved outside of court through negotiation, mediation, or collaborative law. If the two parties reach an agreement, they can submit it to the judge for approval without a trial. However, if you cannot agree on major issues, a judge may need to decide.

It depends on the complexity of the case and whether there are contested issues. An uncontested divorce can be finalized in a few months. A contested divorce involving custody, property, or spousal maintenance may take longer—sometimes a year or more.

If children are involved, the divorce will also address custody, parenting time, and child support. Minnesota courts prioritize the best interests of the child and encourage both parents to remain involved whenever possible. We’ll help you create a parenting plan that works for your family.

Minnesota follows the rule of equitable distribution, meaning that marital property is divided fairly—but not always equally. The court looks at various factors, including each spouse’s income, contributions to the marriage, and future needs. For more details, see our Property & Asset Division FAQ.

You are not legally required to hire a lawyer, but having experienced legal guidance can make a major difference—especially if your case involves children, complex finances, or contested issues. Our office provides clear, compassionate representation at every step.

What’s the next step?

If you’re thinking about divorce or have already been served with papers, we invite you to contact our office to schedule a consultation. We’ll listen to your concerns, explain your rights, and help you create a path forward that fits your life and your goals.