December 5, 2019

How Long Does It Take to Get a Divorce If Both Parties Agree?

How Long to get divorced in Minnesota | SchindelSegal, PLLC

 

Even in the simplest possible uncontested divorce, there is a lower limit on how fast the divorce can happen. It usually takes around 4-6 weeks for procedures and schedules to move but don’t be surprised if it takes up to 10 weeks. Again, this is strictly in the case of the simplest possible divorce procedures. There are some different types of uncontested divorce in Minnesota, and you should determine which procedure best matches with your circumstance.

 

Uncontested Divorce in Minnesota

An uncontested divorce in Minnesota is where both spouses agree to all the terms of the divorce, including the division of assets, any spousal maintenance, and child custody and parenting time arrangements if applicable. If there is any disagreement on one or all of these issues, the divorce is considered ‘contested’ and it will likely go to trial. However, even in a contested divorce, if an agreement is reached on one or all issues, this can be formally presented to the court as a stipulation at any time up to trial.

 

Types of Uncontested Divorce

In addition to a filing by one party as uncontested, there are two other kinds of uncontested divorce in which both spouses actively work together. These are called a summary dissolution and a dissolution by joint petition. These can be the fastest types of divorce if everything is in order.

 

Summary Dissolution

Summary dissolution is a fast-tracked process that is only available in the simplest of cases where there are no children, no-one is pregnant, and there are no significant real estate holdings involved. Total marital assets must fall below a fixed threshold as well. In this case, the papers are filed, and the judge signs off (assuming the papers are approved by the judge).

 

Dissolution by Joint Petition

Dissolution by joint petition is a streamlined process where both parties file a joint petition with everything agreed upon in advance. This allows for an expedited process in more complex cases that can involve real estate, children, support and significant assets. A comprehensive agreement must have been reached and clearly presented as part of the petition for this method to work.

 

Uncontested Divorce Process in Minnesota

Beyond these methods, a traditional divorce process in which one party files can become an uncontested divorce if the other party is not actively contesting the divorce. At any time both parties can come to an agreement and draw up and sign a decree to be presented to the court. Once this happens, especially if both sides have legal representation, the court will likely sign off on the divorce, meaning it should be concluded in a matter of weeks.

Read our blog for more information about the various types of divorce available, and if you decide you need the services of a Minnesota divorce attorney, contact SchindelSegal, PLLC to learn about the options available to you.

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