In Minnesota, a divorce, also known as a dissolution of marriage, is commenced by personally serving the other spouse with two documents known as a summons and petition for dissolution of marriage. Once served, the divorce proceedings have effectively been commenced, without the need to actually file the documents with the court. The summons, includes the noticed that the spouse served, must formally answer the petition within 30 days and it also includes certain restraining provisions that apply to both spouses requiring among other things that neither spouse may sell, disclose, transfer or otherwise dissipate assets without a court order or an agreement between the spouses, or for the necessities of life. The petition for dissolution of marriage contains in a general fashion the basic factual circumstances of their marriage, including names of the spouses, names of the children, addresses birthdates, the date and location of marriage, the date of separation if they are in fact separated. It also contains provisions regarding any major assets owned by the couple including all real estate owned, vehicles owned, and any other major assets. The petition also contains generally what that spouse is requesting through the divorce such as custody, child support, spouse maintenance, property division, allocation of a home and other property and debts.

An early neutral evaluation, often times referred to as and ENE, can include either a social ENE or a financial ENE. A social ENE deals with custody and parenting time, while a financial ENE deals with the spouse's financial circumstances in a divorce. ENE's are relatively new to Minnesota, and not all counties have developed ENE programs. An ENE must be ordered by the court and involves the spouses and their attorneys, if they have attorneys, participating in a form of alternative dispute resolution similar to mediation. However, what distinguishes an ENE from mediation, is that if the spouses are unable to reach an agreement through the process itself the ENE coordinator will make actual recommendations to the parents. These recommendations are non-binding, but are extremely useful. In mediation if the spouses are unable to reach an agreement, the mediator is not allowed to make recommendations. For social ENE's, usually there are two coordinators who collaborate in making the non-binding recommendations. ENE's are a useful tool to resolve family law disputes without the need for court litigation.

There are two forms of child custody in Minnesota: legal custody and physical custody. The courts must make a determination on both forms of custody. Legal custody by definition means the right to determine the child's upbringing including education, health care and religious training. It is presumed to be in the children's best interest for the parents to have joint legal custody. And in the vast majority of cases the parents either agree to, or the court orders joint legal custody. It really becomes the burden of a parent who is pursuing sole legal custody to come forward with significant evidence why the other parent should not receive legal custody of his or her children. This usually comes down to a parent either having a major alcohol problem, drug addiction, a major mental illness or in the case of an abusive relationship. And in fact if domestic abuse has occurred between the parents the presumption actually switches to provide that joint legal custody is not in the children's best interests. However, even if a parent does not receive legal custody of his or her children, that parent still has the right of access to and receive copies of school, medical, dental, religious training, and other important records and information about the children. And has a right of access to information regarding children's health and dental and insurance. That parent also must be informed of the name and address of the children's school and be entitled to attend parent-teacher conferences. However, schools are not required to hold separate conferences for each parent. Further if a parent does not receive legal custody the parent is also entitled to reasonable telephone communication with the children and must be notified if a child is in an accident or has a serious illness. Legal custody is determined based on the best interests of the child factors which are discussed in a separate webinar.

Courts in Minnesota are required to include in their child support orders provisions regarding the medical support and child care support for minor children. Based on Minnesota laws, the cost of child care and medical insurance are essentially allocated between the parents based on the percentage contribution of each parent to the combined incomes of both parents, which is referred to as each parent's PICS percentage. Thus, if each parent earned $50,000 per year as his or her income then each parent would effectively be responsible to pay one-half of the children's child care expenses and medical insurance. And if one parent earned $75,000 and the other parent earned $25,000 per year, then the first parent would be responsible to pay 75% and the other parent responsible to pay 25% of the child care and medical insurance costs. The cost of unreimbursed medical expenses medical co-pays and other medical out-of-pocket costs are also allocated in the same manner. With the inclusion of basic child support, child care support and medical support, some of these total support obligations can get quite large.

The amount of child support that a parent is required to pay for the support of his or her children is determined by the child support guidelines as defined through the laws of Minnesota. It is actually fairly difficult to articulate how the child support amount is actually determined. Prior to 2007 it was much easier, and simply based on a percentage of the noncustodial parent's net income. Now child support is based on both parents' incomes and based on their gross incomes. Essentially we take both parents' gross incomes add them together, which is considered their combined parental income for determining child support, or combined PICS income. There is a chart in the Minnesota statutes that enumerates the amount of financial support that the children would be entitled to based on the parents' total combined incomes. Thus, the more both parents earn, the greater the amount of support will likely be. This total basic support is apportioned to both parents based on each parent's percentage contribution to their combined income. If a parent has parenting time with the children in excess of 45% of the time, that parent essentially should not have a child support obligation unless other parent also has parenting time in excess of 45% of the time and other parent also has a lesser income then the first parent. Factors that are included in determining child support are is as indicated the percentage of time that a parent has with the children, with increments being 10% and 45% of the time. Also and obviously the number of joint children and non-joint children are factored in to the parents basic child-support obligation. For ease in computing child support, a Minnesota child support calculator is available on the Internet for anyone to use. However it should be noted, the amount of child support as determined by the calculator is only as good as the numbers put into the calculator. Meaning, if the incomes of the parents and the percentages of time that parents have the children are inaccurate, the amount of child support as determined by the calculator will also be inaccurate. Child care contributions and medical support contributions are also factored into the parents' total support obligation and included in the child support calculator.

A custody and parenting time evaluation is frequently ordered by the court in divorces with minor children and custody proceedings. For a custody evaluation, a neutral third-party is appointed to essentially investigate the circumstances of the parents, meet with each parent individually, meet with each parent with the children, visit the parents at their residence with the children, speak with other individuals familiar with the parents and the children and then prepare a written report assessing all of the best interests of the child factors. In this report the custody evaluator will make actual recommendations for parenting time and custody. Custody evaluations can cost anywhere from a few to several thousand dollars and is usually paid equally between the parents. Custody evaluations can also include chemical evaluations of either or both parents and psychological evaluations of the parents. The recommendations of the custody evaluator do not necessarily become the court order. However the courts do give substantial deference to custody evaluator's recommendations.

Minnesota is considered a common-law property state, as opposed to a community property state. What this means is that the courts will divide the property acquired by the married couple in a just and equitable manner. Even though this does not mean that the court must divide all marital property equally with the wife getting 50% and husband getting 50%, in the vast majority of cases this is exactly what happens. In dividing the property in the divorce the court does not take into consideration any marital misconduct by either spouse, but the court does base this determination on the contribution of each spouse in the acquisition and preservation of the property acquired during the marriage as well as a contribution of a spouse as a homemaker. However there is a presumption in the law that each spouse made a substantial contribution in acquiring income and property during the marriage. Because of this presumption, that is why in the vast majority cases, the marital property is divided equally between the spouses at the time of divorce.

The court retains jurisdiction to modify a child support order at any time prior to the emancipation of the children. A child support order will continue until it is modified or until the child turns 18 graduates from high school whichever occurs the latest. However, a child support order cannot continue beyond a child's 20th birthday, unless the child is medically impaired, which is uncommon. To modify child support a parent would be required to commenced a post-decree motion in either District Court or in the expedited child support process. The child support motion would be in the expedited process if income withholding is involved or if either parent receives public assistance of any sort. A modification of child support is usually based on either a substantial increase or decrease in either parents income that otherwise renders the existing child-support order unreasonable and unfair. There is a presumption that the existing child-support order is unreasonable and unfair if a new child support obligation based on the parents new incomes is at least 20% and at least $75 per month higher or lower than the existing child support order.