The Role of Your Divorce Lawyer in Minnesota: Understanding the Contested Divorce Process
If you are looking for an experienced divorce lawyer in Minnesota, understanding the divorce process can help you feel more prepared and confident about what lies ahead. Divorce cases range widely—from straightforward, uncontested matters to high-conflict disputes involving complex financial and parenting issues.
At Lauren Pevehouse Law, we take pride in truly getting to know our clients, treating them with respect, and standing beside them through every stage of their divorce—whether the case resolves early or requires litigation.
Types of Divorce Cases in Minnesota
Minnesota divorces generally fall into two categories: uncontested and contested. This article focuses on contested divorce, which occurs when spouses cannot agree on one or more key issues.
Common Issues in a Contested Divorce
There are four primary issues that may be disputed in a Minnesota divorce:
Custody and parenting time
Child support
Division of assets and debts
Spousal maintenance (alimony)
Each of these areas can involve complex legal and financial considerations, such as:
Tracing non-marital property claims
Evaluating the tax consequences of spousal maintenance
Determining whether supervised parenting time is necessary
Because of these complexities, contested divorces often involve multiple procedural stages—many of which can be avoided if the parties reach a settlement along the way.
The Contested Divorce Process in Minnesota
Case Analysis and Initial Filing
Every divorce begins with a thorough case analysis. Clients complete an initial questionnaire and provide relevant documentation so the attorney can fully understand their goals, concerns, and financial circumstances.
Once the necessary information is gathered, the divorce attorney prepares the Summons and Petition for Dissolution of Marriage, serves the opposing party, and files the case with the Minnesota district court.
Initial Case Management Conference (ICMC)
After service of the divorce papers, the court schedules an Initial Case Management Conference (ICMC). This is an informal meeting with the judge designed to:
Identify the issues in dispute
Encourage early settlement discussions
Introduce alternative dispute resolution options
The ICMC allows the court to better understand the family dynamics and the scope of the case.
Early Neutral Evaluation (ENE)
In many Minnesota divorce cases, the court will recommend Early Neutral Evaluation (ENE) if both parties agree. ENE involves meeting with a neutral evaluator who provides feedback on how the case may be decided if it were tried.
There are two types of ENE:
Social ENE (SENE) – focuses on custody and parenting time
Financial ENE (FENE) – focuses on financial issues such as support and property division
ENE often helps parties reach settlement early, saving time, money, and emotional strain.
Discovery
If disputes remain unresolved after ENE, the parties proceed with discovery, the formal process of exchanging information. Discovery may include:
Interrogatories (written questions)
Requests for Production of Documents
Requests for Admission
Depositions (in limited circumstances)
Discovery allows each side to gather the information needed to fairly evaluate settlement or prepare for trial.
Motions for Temporary Relief
In some cases, it becomes necessary to ask the court for temporary orders while the divorce is pending. A Motion for Temporary Relief may address issues such as:
Temporary custody and parenting time
Temporary child support or spousal maintenance
Who will live in the marital home
Temporary motions generally cannot be scheduled until after ENE is completed, unless the parties opt out. While temporary orders are not appealable, they often provide valuable insight into how the court views the case and can lead to settlement.
Alternative Dispute Resolution (ADR)
Even after temporary orders are issued, Minnesota courts strongly encourage continued settlement efforts. These may include:
Mediation
Arbitration
Moderated settlement conferences
At Lauren Pevehouse Law, we aim to resolve cases efficiently and strategically, avoiding trial whenever possible while protecting our clients’ interests.
Pre-Trial Conference
If settlement efforts are unsuccessful, the court schedules a Pre-Trial Conference. This is often the final opportunity to resolve the case without trial. If no agreement is reached, the matter is set for trial.
Trial
The length of a divorce trial depends on the number and complexity of disputed issues:
Financial-only trials often last one day or less
Custody and parenting time trials may last a week or more
After trial concludes, the judge has up to 90 days to issue a written decision resolving all issues.
Appeal
If a party believes the court made a legal or factual error, Minnesota law allows 60 days to file an appeal. Divorce appeals are complex and can take a year or longer. A three-judge panel reviews the record to determine whether the district court’s decision should be affirmed, reversed, or sent back for further proceedings.
Speak With a Minnesota Divorce Lawyer
Not every divorce requires litigation—but when it does, having an experienced advocate matters. The best way to determine whether a contested divorce is right for you is to speak with a knowledgeable Minnesota family law attorney.
Lauren Pevehouse offers confidential consultations to help you understand your options and make informed decisions about your future.
📞 Call (651) 800-1030 to schedule a consultation with Lauren Pevehouse Law, or contact us online to get started.
