An Uncontested Divorce Can Proceed Outside The Courtroom Under Certain Conditions

Mankato Family Law Attorneys

It is possible to complete a marriage dissolution with minimal or no court attendance if you meet certain requirements.

Minnesota’s laws are complex and can be hard to understand, even for a seasoned lawyer, but an uncontested divorce under the guidance of a compassionate lawyer can happen as long as you and your partner agree on everything.

Everyone In Agreement

Both parties must be in agreement on every issue related to the divorce, including the fact that the marital relationship cannot be fixed. Minnesota Statute 518.06 defines divorce as the legal ending to a legal marriage between two people whose relationship is irretrievably lost.

Many courts require some sort of proof that the relationship is broken beyond repair, although this proof can typically be as simple as one party stating the marriage is irretrievably broken. This is easier to prove when both parties agree to the ending of the marriage and all the details therein. A great family law lawyer will know exactly what must be discussed and put into a lawful petition to request the divorce.

If the judge agrees to the content of the petition, they will grant a decree of dissolution. They will make sure that all aspects discussed in the petition are fair to both parties and any children created during the marriage.

What About The Children?

It may be more difficult to stay out of the courtroom when children are involved, but it can be done. MN Statute 518.17 outlines the requirements related to custody and the monetary support of the children.

The judge will analyze the petition to make sure that all decisions made are in the best interests of the children. This includes the children’s:

• physical, emotional, cultural, and spiritual wants and needs
• special medical, mental, and educational requirements
• opinion on what they want to do and where they want to call home
• parents’ criminal records, if applicable
• parents’ drug dependency, if present
• parents’ wishes and their history of care

If either you or your partner has current drug problems or issues with the law, the court may require a courtroom divorce. If the judge believes that the agreement that you made is not fair in some way to the children or one partner, you will have to visit the courtroom. If your child’s requests differ greatly from the agreed-upon request, a discussion with the judge will be necessary.

When you and your partner can agree on each of the above judiciously, while placing the children’s needs above your own, then your divorce will be much simpler and even quicker. This also allows you to have more control over your child’s future.

Separating Marital Assets

Things can get really difficult when it comes to separating any marital assets. The more intricate your assets, the more intricate the laws affecting your decisions are.

Statute 518.58 outlines the general specifics a judge will consider before signing off on the divorce request. These include:

• the length of the marriage
• prior marriages of both parties
• the age and health of each party
• the occupations, sources of income, level of skills and education of each party
• estates owned jointly by the parties
• any liabilities acquired during the marriage
• needs of each party
• current income levels of each person

Many times, a couple with a lower level of assets and liabilities will find it easier to agree on a fair separation plan. It is important to go into this discussion organized and knowledgeable of your full financial situation.

Separate your interests as equally as possible to stay out of the courtroom. Any disagreements regarding spousal maintenance, child support, hidden assets, or asset division can call for a visit with a judge. There are separate sets of laws that cover pensions, inheritances, and non-marital assets.

There may be hidden requirements or rules that you are unaware of and your attorney will know what questions to ask and what is relevant to the discussion. Again, if you agree on all aspects together, in front of your lawyers, you may qualify for an out-of-court divorce. Of course, everyone’s situation is different.

These may seem like easy requirements, but they are more complicated than they seem. An attorney specializing in marriage dissolution is essential in this process.

Mankato Family Law Attorneys

Are you ready to complete your uncontested divorce? Do you need guidance on how to begin the process? We are here to help you from start to finish. Contact us at Farrish Johnson Law Office for a consultation. Let’s work together to make your separation as simple as possible.