Minnesota Divorce Terminology Explained
Minnesota Divorce Terminology Explained
Parties going through a divorce in Minnesota are often introduced to an entirely new language of court and legal terms that may be entirely new to them. Understanding the basics of divorce terminology is important for anyone navigating the dissolution process, and this blog is meant to clarify or explain some of the most common terms. While this list is not exhaustive, it can provide a start for anyone attempting to understand the Minnesota divorce process a little better.
Dissolution of Marriage
What is a dissolution of marriage? In short, a dissolution is simply another, albeit fancier, term for a divorce. However, parties to a divorce will frequently come across the term “dissolution” as this is the word used in Minnesota law for this type of proceeding.
Judicial Officer
Each divorce case will involve at least one judicial officer who will preside over the matter and issue appropriate decisions. In most Minnesota counties, the title judicial officer refers to a judge who will preside over the case. However, in most of the largest Minnesota counties, other judicial officers named referees preside over cases. While a referee and a judge share a similar role, a referee must have a judge sign off on all of their decisions. From a more practical perspective, both referees and judges should be referred to as “Your Honor” and should be provided the same manner of respect.
Uncontested Divorce
Do you and your spouse agree on everything in your divorce? If so, you can go through what is known as an “uncontested divorce.” This means that the parties will jointly submit a proposal for division of assets, custody arrangements for any children, and all other matters relevant to the divorce. If the parties disagree on any of the matters in the divorce, they must go through a contested divorce.
Contested Divorce
If parties to a Minnesota divorce do not agree on everything, they must move through the contested divorce process. This means that the parties must move through the court process by each filing documents telling the court what they want, and must attend court hearings. If the parties agree on all terms at some point in the middle of the divorce, they can still “settle” the divorce and submit a proposed agreement to the judge. However, if they are never able to reach an agreement, the case will proceed to a trial where the judge will make a final decision.
Judgment and Decree
A Judgment and Decree is the final document (sometimes referred to as a “divorce decree”) that outlines the outcome of all issues in the divorce. If the parties agree on the terms, one of the parties’ divorce lawyers will prepare the document. If they do not agree, the judge will prepare this document with their decision and serve it on the parties. The Judgment and Decree is the most important document that will be issued in a divorce, and will include a final order on important issues such as child custody, parenting time, spousal maintenance, and division of marital assets.
Legal and Physical Custody
The terms legal and physical custody are some of the most easily confused terms in Minnesota divorce cases. These terms are too complex for an extended description here, but our attorneys have written extensively about these terms elsewhere on our website. In short, however, legal custody refers to decision-making power over a child’s medical, educational, and religious decisions while physical custody refers to a child’s primary residence.
Minnesota Divorce Lawyer
While this article only provides a brief list of some of the most common terms in Minnesota divorce cases, divorce lawyer John E. Roach is happy to provide more thorough insight about your case. If you are in the midst of a divorce or are contemplating filing for divorce, John is here to help. Call John now at 651-468-2103 or submit our online form to set up a free consultation.