Rochester Minnesota Divorce Lawyer

Divorce Attorney Minnesota

A divorce, also called a dissolution, is a lawsuit in which one spouse sues the other spouse to obtain the relief they desire from the termination of the marital relationship. Like any lawsuit, it can be settled at any point or ultimately litigated before a judge who will then make the decisions on the contested issues. The vast majority of the divorces are settled without a trial. We believe that it is important to keep a long-term prospective on things; after all, you will still be parents to your children even after the divorce is final and we believe that you should be able to cooperate and reach an amicable agreement. At the same time, we understand that may not always be possible. In those cases, we will aggressively enforce your rights through litigation.  If you need a Rochester, Minnesota divorce lawyer, we can help.

Stages in a Contested Divorce

While each divorce is unique, there are several distinct stages that each contested divorce goes through:

• Gathering preliminary information from the client
• Obtaining the opposing party’s information through discovery
• Engaging in settlement negotiations
• Preparing and appearing for trial

Gathering Preliminary Information

At the beginning of our representation, we take the time to obtain a significant amount of information from the client. Each client is given our questionnaire to fill out and requested to provide us with documentation regarding their finances, properties, debts etc. We review this information carefully and discuss with our clients what their goals and expectations are. At that point, we are ready to draft and serve the Summons and Petition for Dissolution of Marriage, or the Answer and Counter-Petition if they have already been served the Summons. Once we have obtained the preliminary information from the client, the turnaround time to have the documents ready is very short. If timelines are an issue, we will work with our clients to have the documents ready overnight.

Discovery

During the discovery process we request information from the other party. They are required to provide all relevant information when requested and have a duty to disclose information about income and assets. We will work with you to make sure that your spouse discloses all the information so that we can fully protect your interests. Sometimes there may be an issue as to the value of an asset or the marital or non-marital interest in an asset. At this stage, we may need to retain the services of other professionals such as accountants, appraisers or custody evaluators to obtain an expert opinion on the contested issues. This stage may take from a few months for simple discovery to six or more months for more complex issues.

While discovery is ongoing, there may be issues for our clients that cannot wait for the discovery to be completed or for trial. In those cases we request that the Court grant our clients “temporary relief” by asking the Court to address temporary child support, alimony, temporary use and possession of the home, or any other issues that may need temporary resolution while the case is pending.

Settlement

During this stage, once all the information is exchanged, we begin to see if a settlement is possible. This can be done in several ways, whether by the use of a mediator, a four-way session between the parties and their attorneys, or simply by communicating with the other party. If we are able to reach an agreement, we will draft a “Marital Termination Agreement” which will be signed by the parties and their attorneys. Once that is signed by everyone, we will prepare the final divorce decree that will be presented to the judge for his/her approval. This is how the vast majority of divorce cases are resolved in Minnesota. You may not even have to appear in Court if the other party is represented by an attorney or if there are no minor children.

Divorce Trial

Once the entire discovery has been completed, if attempts at settlement have not resulted in a final resolution, the case will proceed to trial. Prior to the trial itself, there will be a preliminary hearing called a “pre-trial” in which the Court will ask the parties to note what the contested issues are, who their witnesses are, and what their exhibits will be. Trials usually last between one to three days. The judge will then have 90 days to make a decision, and either party can appeal that decision within 60 days of its issuance. In addition to being expensive, trials are also emotionally taxing for the parties. However, sometimes they are necessary, and in those cases we will aggressively advocate your position and defend your rights.

Request a Free Consultation

If you have additional questions about Divorce in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.