How Long Does It Take to Divorce in Minnesota?

Divorce can be a stressful and emotional process, and one of the most common questions people ask is, “How long does it take to divorce in Minnesota?” Divorce can take a considerable amount of time, depending on your situation. Complex assets, child custody issues, or uncooperative spouses can all lead to longer divorces. There are a few more common factors that usually extend a divorce timeline.

Understanding Minnesota Divorce Laws

In Minnesota, there are several factors that can influence the timeline of a divorce. While there is no one timeline that fits every case, certain factors often have an impact on the duration.

Minnesota’s divorce laws establish the framework within which a divorce can proceed as quickly as possible. For instance, there is a residency requirement that must be met by at least one spouse before a divorce can be filed. To get divorced, at least one spouse must live in Minnesota for at least 180 days, and they must live in the county where they file.

Nationally, the number of women who reported that they divorced rose from 948,862 in 2021 to 989,518 in 2022. The divorce rate in Minnesota was 10.91 in 2022.

Property Division

One element that can impact the overall time frame of a divorce case is the division of property. Couples who have simpler finances, less shared property, or fewer accounts may come to agreements faster.

However, if your divorce involves the division of real estate, retirement assets, ownership of a business, or large amounts of debt, each asset will need to be appropriately valued. When disagreements over the valuation and distribution of assets exist, the court process may take longer to determine a fair and equitable outcome in accordance with Minnesota divorce laws.

Child Custody and Support

Divorce cases with children can take longer due to custody and child support issues. The court needs to consider the child’s best interests when determining these arrangements. The process typically includes evaluations while forming parenting plans, and it may require mediation or a hearing.

Parents who are in agreement regarding child custody and support may resolve these issues more quickly. If they are unable to come to an agreement, it could take several months longer. Your divorce lawyer can help you through this process and ensure your children’s needs are met.

Cooperation Between Spouses

The most significant of these factors is the level of cooperation between the spouses. Parties who communicate with each other and are willing to compromise are likely to reach a resolution more quickly than parties who continually fight.

Disputes over money, property, or custody, for example, can lead to further court appearances, additional discovery requests, and even trials. Better communication between parties, along with a strong willingness to reach a settlement, will likely result in a shorter divorce.

Court Schedules

Court calendars are another factor that can impact the length of your divorce in Minnesota. Minnesota courts have heavy caseloads, and it may take weeks or months to get a hearing or trial scheduled, depending on the caseload in your local area.

In some counties, it may take much longer to get a hearing scheduled. In other counties, you might be able to have an uncontested divorce finalized relatively quickly. The key is to understand local court calendars and be realistic about time frames based on the advice of a divorce attorney who knows the system.

Alternative Dispute Resolution

A number of divorces in Minnesota utilize mediation or an alternative dispute resolution process to assist in resolving the matter outside of the courtroom. Mediation can shorten the divorce process, as mediation sessions can help the spouses negotiate with each other with the help of a neutral third party.

Hire a Divorce Lawyer

You may find it beneficial to hire a divorce lawyer if you need assistance understanding Minnesota divorce laws. A skilled lawyer can provide legal counsel while representing your concerns during negotiations and court appearances. Legal representation ensures the protection of your rights while reducing the likelihood of common problems and speeding up proceedings.

About Santana Law, PLLC

Ronnie Santana, the founding attorney of Santana Law, PLLC, was previously a Minnesota prosecutor. He practices law with compassion, advocating for clients throughout the Bloomington, Edina, and Twin Cities areas. Santana’s areas of practice include criminal defense, family law, and traffic violations. Ronnie Santana is bilingual, speaking both English and Spanish, and he advocates for clients throughout the Twin Cities’ diverse communities.

FAQs

Q: How Fast Can You Get Divorced in MN?

A: The timeline for a divorce in Minnesota can vary significantly depending on several factors, such as contested vs. uncontested divorce, the complexity of assets, and child custody issues. In general, uncontested divorces tend to be quicker. A contested divorce, where spouses disagree on major issues, typically takes much longer.

Q: How Much Does It Cost to Divorce in MN?

A: The average price of a divorce in Minnesota can range from low-cost uncontested proceedings to high-cost contested divorces with attorney’s fees. These factors will influence the overall cost. The financial cost of a divorce in Minnesota changes based on case complexity and whether parties can reach settlement agreements concerning property distribution and child custody.

Q: What Is the Fastest Divorce You Can Get?

A: The fastest divorces in Minnesota happen when both spouses are able to come to an agreement on issues such as property division, custody, and support. A simple, uncontested divorce without any disputes or complications can be faster because it often requires fewer court appearances. However, even the simplest divorces must still comply with Minnesota’s legal requirements.

Q: What Is a Wife Entitled to in a Divorce in MN?

A: In Minnesota, a spouse is entitled to an equitable distribution of marital property. Marital property includes both assets and debts that have been acquired during the course of the marriage. When deciding what constitutes an equitable distribution, the court examines the financial contributions made by each spouse during the marriage, their future financial prospects, and any child custody concerns.

Contact Santana Law, PLLC

If you are considering a divorce, Santana Law, PLLC, can help you through the process. Contact us today for a consultation.