Who Can File for a Default Divorce in Minnesota?
A default divorce may be appropriate in several situations, including when a spouse:
Refuses to respond to a request for divorce after being served, or
Cannot be located despite reasonable efforts made resulting in a failure of the other spouses’ participation.
Steps to Obtain a Default Divorce in Minnesota
The default divorce process includes several important legal steps. If any are steps are missed or completed incorrectly, the court may deny the request for default. Generally, the steps for default are as follows:
1. File and Serve the Divorce Petition
A spouse begins by filing a Summons and Petition for Dissolution of Marriage in Minnesota with the court with proper service to the other spouse. Minnesota law requires personal service be made unless permission for alternate service is granted.
2. Wait 30 Days or more
The other spouse has 30 days to respond to the divorce with an Answer and Counter Petition. If the other spouse fails to file an Answer and Counter Petition a default request may be requested. However, the court may provide additional time for the other spouse’s response.
3. Request a Default Hearing
Once sufficient time has passed, a request for default hearing may be made. Notice of the request must be provided to the other spouse.
4. Attend the Default Hearing
In Minnesota, a default hearing is a final opportunity for the non-participating spouse’s participation. Upon failure to appear, the court may grant the participating spouse’s requested terms of the divorce. The court may grant any request that is fair, equitable, and in compliance with Minnesota law. If the non-participating spouse appears at the default hearing, the court may provide additional time for their response. The non-participating spouse may launch the divorce process into a contested divorce instead.
5. Receive the Final Judgment and Decree
If the matter continues to default, the court may issue a Final Judgment and Decree that terminates the marriage, divides marital property, and determines child custody, parenting time, spousal maintenance, child support. The non-participating spouse may forfeit their ability to re-open the divorce unless extraordinary circumstances prevented their participation.
Common Problems With Default Divorce Cases
While default divorce seems simple, complications arise, creating lack of closure and future litigation. Defaults can subject both parties to more complicated litigation in the future because it may be ripe for re-opening the matter or for appeal if the default process was completed improperly.
Division of marital property (assets and debts): Lack of full disclosure of assets or debts in a default divorce may prompt re-opening the divorce.
Spousal maintenance (alimony): If an award of spousal maintenance is granted, the other party may request modification.
Why Hire an Attorney for a Default Divorce?
Even if a spouse is non-participatory, an experienced attorney can minimize risk of future litigation by reducing errors and costly mistakes.
Default Divorce in Minnesota Requires Careful Consideration
If a spouse files for divorce in Minnesota with lack of response from the other party, the filing spouse may proceed with what’s known as a default divorce. A default divorce permits conclusion of a divorce if the other party fails to participate. Default divorces resolves all matters including complete division of property, child custody, parenting time, child support, and spousal maintenance.
What Is a Default Divorce?
A default divorce in Minnesota occurs when a spouse fails to respond to a request for divorce despite diligent efforts. The court may grant the participating spouse’s requested relief in full by default judgment.
When default judgment is made, the non-participating party request the court re-open the matter upon significant proof demonstrating extraordinary circumstances that prevented participation.