Minnesota Divorce and Family Law Blog

Getting a Divorce By Mail

In Minnesota, the family court will grant a divorce in certain cases without the parties coming to court to appear in person. If there are no minor children involved, the court will sign off on a stipulated decree (agreement signed by both parties) submitted by mail if the reviewing judge is satisfied that the stipulated decree appears to be fair to both parties. If there are minor children involved, the court may still sign off on a mailed stipulation if both parents are represented by counsel, and if the court is satisfied that the stipulation appears to be consistent with the child's best interests and fair to both parties.

If there are minor children involved and one or both parties has no attorney, the court will require one of the parties to appear in person. Similarly, if the court receives a stipulated decree in the mail and is not satisfied that it is fair to both parties, or is concerned that it is not consistent with the best interests of a minor child, the court will require one or both parties to personally appear.

In most cases, the family court will find that the parties' agreed-upon terms are, in fact, fair to both parties and (if a minor child is involved) consistent with the child's best interests.

Emergency Court Orders and Expedited Relief

If you want the court grant you relief, or order your spouse / ex-spouse / child's other parent to do something, the typical process takes several weeks. You must obtain a hearing date, file with the family court certain documents, send copies of the documents to the other party, and then wait for the family court to issue the order. Often, the court cannot offer a hearing date that is less than four to six weeks off. Add to that the amount of time the court requires to issue its order after the hearing, which can vary from several days to three months.

In emergency situations, the court will grant relief without that delay. Of course, the court must be moved with the compelling nature of the request to issue an expedited order. Domestic abuse orders for protection are granted in such circumstances. Emergency custody orders may result from abusive situations, or cases in which one parent is depriving the other parent of all contact with a child. Dire financial needs may also be addressed with an expedited order.

It is important to consider the fact that the family court is unwilling to grant expedited relief in all but the most compelling circumstances. The family court sees dozens of cases each week, and unfortunately, most people in need of expedited relief must nevertheless wait several weeks for the court to issue an order.