Uncontested divorce involves a dissolution of marriage in which the parties agree on all issues, including custody, child support, property division and spousal maintenance at the onset of the case. With the help of our uncontested divorce lawyers in Minnesota, there is no need to involve the Court, other than to obtain approval of the settlement of the parties.
Uncontested Divorce in Minnesota and How It Works
In an uncontested divorce under Minnesota law, we begin by meeting with our client to discuss the nature of their case, and determine their goals. From there, we inquire as to whether the parties have had an opportunity to discuss an early settlement.
If so, we strategize about the best way to move forward. In some situations, it makes sense to invite the opposing litigant into our office to sit down and discuss things prior to writing things up. In other situations, our client might prefer that we simply draft up the relevant paperwork and forward that package of materials to their spouse for review.
Once agreement is reached, all of the relevant court papers will be prepared, signed and filed.
One short court appearance may be required, depending upon whether the parties have children (if no children, no need to go to court). If both sides are represented by counsel, there is generally no need to appear before the judge.
Typically the Court will want to visit with the parties if there are children involved, and if only one side is represented by a lawyer.
The Benefits Of An Uncontested Divorce in Minnesota
There are four key benefits in concluding a divorce in an uncontested fashion.
First, the litigants will save significant time in resolving their matter. Most uncontested cases are concluded within a few months from the date our law firm is retained. Contested cases often take a year, or more, to get resolved. There is a very real benefit in having “finality” sooner, in the sense that the parties to the divorce don’t have to eat and breathe family court (not a pleasant place) for an extended period of time.
Second, the parties in an uncontested divorce in Minnesota will save significant money. The fees and costs associated with an uncontested dissolution are often 1/10th the cost of a contested case. Because our law firm works on an hourly basis, the amount of time necessary to conclude a divorce relates directly to the total fees and costs. Moreover, the litigants in an uncontested divorce don’t need to retain expert witnesses, mediators, or evaluators, saving thousands of dollars in the process.
Third, the litigants in an uncontested divorce control the case outcome. Judges readily admit that they are human, and that the parties to marriage are in the best possible position to resolve their differences. The Court knows very little about your situation, and will get to know you in a very artificial way, through the rules of evidence. For most, the prospect of putting their future in the hands of a stranger in a black robe is less than appealing.
Finally, the parties in an uncontested dissolution benefit in the sense that they usually have a better working relationship following the divorce. If children are involved, they will directly benefit from the fact that mom and dad can spend time together (without worry) at future graduations, birthday parties, weddings and baby showers without tearing into each other.