A divorce can be a time consuming process. For this reason, once you have decided that getting a divorce is what you want to do, it is important to consult an attorney to begin the process. In Minnesota, one spouse must initiate the divorce by writing a Summons and Petition and “serving” it on the other. There are no specific rules on how documents must be served. However, if both spouses agree on how to settle all the issues in their divorce, a Joint Petition for divorce can be utilized. A Joint Petition does not need to be served on to either party because both agree to sign it. The spouse that serves the Summons and Petition is the Petitioner. The spouse that is served the Summons and Petition becomes the Respondent. The Respondent must read the documents and decide how to respond. It is very beneficial, but not necessary, to consult an attorney in order to determine what the best way to proceed is. If the couple can reach an agreement, a Stipulated Findings of Fact, Conclusion of Law, and Order for Judgment and Decree are prepared by one or both parties to resolve the matters of their divorce.


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