Grounds for Dissolution of Marriage
Minnesota Statutes provide that a marriage must be irretrievably broken down in order for the Court to grant a dissolution of marriage.  It is necessary for a party to provide proof of separation of 180 days at the time the disso­lution of marriage action was commenced; otherwise, (s)he must present proof that there has been conduct inconsistent with a good marital relationship during the course of their marriage.  

Most judges do not inquire into the factual basis for the irretrievable breakdown of a parties marriage.  It is usually sufficient for one of the parties to testify that the marriage is irretrievably broken down.  As a general rule, dissolutions of marriage are granted over the objections of an adverse party.  Minnesota is a "no fault" State. 

"Fault" does not have any impact on the award of property, custody, visitation, debts, etc.

Dissolutions of marriage are properly venued (located) in the County where either spouse resides or is domiciled at the time the action is commenced.  In order to contest improper venue of a dissolution of marriage action, a party must object to venue and request transfer of the action to the proper venue. Venue may be waived by the parties.  It is also possible for a dissolution of marriage action to be venued anywhere within the State of Minnesota to avoid publicity or for the convenience to the parties pursuant to an appropriate Court order.

Pleadings

A Dissolution Of Marriage action is commenced by service of a Summons and Petition for Dissolution on the opposing party.  

The Summons and Petition must be personally served upon a party.  Often times the initial dissolution documents are served upon a party by a law enforcement officer or private process server.  Alternatively, a party can admit "service" of the Summons and Petition for Dissolution of Marriage.  In other words, (s) he simply acknowledges receipt of the documents.  Often times, the party will choose to admit service of the Summons and Petition in order to avoid the embar­rassment of service of process by law enforcement or a private process server at home or work.

When personal service cannot be made, the initial dissolution documents can be served by alternate means.

The Summons provides that the Respondent in a dissolution of marriage action has 30 days to "answer" or respond to the dissolution of marriage action. 

The Summons includes a restraining order as follows:


The Petition for Dissolution of Marriage contains the factual allegations necessary to inform the Court of the parties' circum­stances.  As a general rule, the Petition for Dissolution of Marriage sets forth the parties' names, addresses, and ages; includes proper jurisdictional statements with regard to residency and declarations regarding either party's receipt of Public Assistance; and identifies real estate, personal property, debts and other assets of the parties.  The Petition also declares whether other legal actions for disso­lution of marriage have been previously initiated.  It should include an allegation that the marriage relationship is irretrievably broken down.  Petitions for dissolution of marriage can be very detailed or relatively simple, depending upon the style of the lawyer and the facts or circumstances of a specific case. 

A Petition for Dissolution of Marriage will contain a "prayer for relief."  It informs the adverse party what the petitioning party seeks from the Court.  The prayer for relief can include requests for dissolution of the marriage, custody of or visitation with the parties' minor children (if any), child support, spousal maintenance, distribution of real and personal property, debt allocation, name change, life insurance and health insurance coverage, division of pensions and profit sharing plans, etc.  Prayers for relief can be very specific or general.

An "Answer" includes admissions, denials or statements that there is insufficient data to admit or deny the allegations set out in the Petition for Dissolution of Marriage.  Frequently, parties will request an "indefinite extension to Answer" the Summons and Petition for Dissolution of Marriage.  This permits the parties to proceed immediately to negotiations.  It is also a means of limiting legal fees.  If a party chooses to "Answer," they frequently will include with his or her answer a Counter-Petition for Dissolution of Marriage.  This is essentially the party's version of the Petition for Dissolution of Marriage.

Temporary Hearings Overview

The Court will also consider the amount of time necessary for the party seeking spousal maintenance to obtain the necessary education or to be trained for appropriate employment.  There will be consideration given to the party seeking spousal main­tenance's probability of completing training and becoming self sufficient given his/her age and skills.  There will also be due consideration of the party's standard of living during the marriage.

The length of marriage is another factor examined by the Court in determining whether to award spousal maintenance.  If the party was a homemaker and was absent from the work force for a substantial period of time, the Court may be more inclined to award spousal maintenance.

After a dissolution of marriage proceeding has been commenced, a party may bring a "Motion", a request to the Court, for temporary relief.  This is a request that the Court make determinations with regard to custody, visitation, child support, spousal main­tenance, homestead occupancy, the allocation of secured debts or other matters on a temporary basis.  An Order for Temporary Relief is intended to govern the parties during the pendency of the action. 

Prior to the commencement of a dissolution of marriage action, the husband and wife have equal rights with regard to their children: where they are going to live, where they are going to go to school, when they'll see a doctor, etc.  Both parties, generally, have the right to sell or dispose of property. 

This would include the withdrawal of money from checking accounts or charging credit on joint credit cards.  The parties are also under a continued obligation for the debts of the other spouse for medical care, household needs and other necessities.  The temporary hearing is utilized by the parties to address these issues after the dissolution is commenced.

Temporary hearings generally proceed on "Affidavits."  An Affidavit is a written statement of a party or other witness which is signed in the presence of a notary public.  As a general rule, Affidavits set forth the relevant facts.  Oral testimony can also be demanded in advance of a temporary hearing.  A Temporary Order generally remains in effect until it's been superseded by another Temporary Order or the Court has entered the final Judgment.  Temporary hearings are incredibly important as they often times set important precedents with regard to custody, child support and spousal maintenance for the purposes of final hearing.

Discovery

"Discovery" is a process of obtaining data or information in a legal action.  In a dissolution of marriage action, discovery frequently focuses on financial, property, and custody and visitation issues.  Cases require various    discovery devices. 

It's not uncommon for parties to engage in cooperative efforts to ensure the full disclosure of marital assets, debts, income, etc. For example, informal discovery frequently includes the exchange of mutually executed releases of information for employers, medical practitioner's, etc.

Some cases require "formal" discovery devices.  Most common would be Interrogatories--written questions to a party where they are requested to disclose certain information regarding their background, their financial circumstances, employment history, etc.  In conjunction with Interrogatories, parties can also be asked to "produce documents".  Frequently parties will be asked to disclose or release copies of their State and Federal income tax returns, W-2's, pension and profit sharing information, bank account statements, etc.  The formal discovery documents must be responded to within thirty (30) days.  The responses must be in writing and under oath. 

"Depositions" are another common formal discovery device.  A deposition is testimony taken under oath outside of the Courtroom.  Frequently, depositions are taken at courthouses or an attorney's office.  They do not occur in the presence of the Judge.  They permit a party's attorney to ask a party or other witness questions regarding disputed issues in a dissolution of marriage action in advance of trial. 

Medical examinations are requested from time to time in the course of dissolution of marriage actions.  These adverse medical exams frequently occur when chemical dependency or psycho­logical or physical disabilities are at issue.  A vocational assessment or adverse vocational assessment may be requested when a party's ability to work is at issue.

Parties have a continuing duty to disclose all information provided during the discovery process.  For example, if a party answers an Interrogatory and later obtains new relevant information, they have a duty to correct or update a previous answer.