1. Home
  2.  » 
  3. Family Law
  4.  » Divorce FAQ

Common Questions Regarding Divorce

Navigating family-related legal matters can be emotional and complex. Navarro Law Firm PLLC has worked with clients in Minnesota for several years, and has found answers to the most complicated issues. When you require a strong advocate in your corner, Dom can be that person, as he works tirelessly to represent his clients and their best interests.

After reading through the list of frequently asked questions below, call his office in Rochester at 507-923-2190 to schedule a consultation. You can also email him by clicking here.

Does it matter who files for divorce first in Minnesota?

No, it does not. After a party files for divorce, the other must respond within 30 days or be exposed to a possible default judgment. If you are served with divorce papers, do not wait to respond.

What can I expect at a contested divorce hearing?

This is the time for a judge to hear evidence and testimony. This can be in relation to the specifics of your divorce or collateral issues. A ruling can be temporary or permanent, depending on the procedural history and the specifics of your case. Essentially, it is a time for both parties to present evidence to support their case and requests.

How long does a divorce take from start to finish?

That depends on the specifics of the case and the county in which it is venued. Once the case is filed with the court, it could take a few weeks, several months, or even a couple of years, depending on the complexity of the case.

How does a judge determine maintenance (alimony)?

There are a number of factors the court will consider, including the length of the marriage, the standard of living during the marriage, the earnings of both parties, and the health of each party. The goal is to assure that each party is reasonably able to be or become self-supporting.

Are assets always split 50/50 in a divorce?

Minnesota is a no-fault equitable distribution state. This means that whoever is “at fault” during the marriage does not matter, and the marital assets will be split in an equitable manner.

Who gets to stay in the house during a divorce?

This depends on your case. If one party bought the home prior to marriage, it could be considered non-marital property and not subject to division during the divorce. However, if the parties purchased the home together during the marriage, each has a right to it.