The Summons and Petition and Answer and Counterclaim

Every divorce is commenced by serving a Summons and Petition for Dissolution. This document lists some very basic information about your family and property and will tell the Court what general things you’d like the Court to do for you.

If you are representing yourself and you and your spouse and in complete agreement about the divorce, you may be able to fill out a Joint Petition for Dissolution. This document (along with many other forms you can use to complete your divorce if you are not represented by an attorney) is available on the Minnesota Court Forms website: http://www.mncourts.gov/forms

If you are served with a Summons and Petition for Dissolution, you will have 30 days to respond. Generally, a response is made by mailing your spouse an Answer and Counter-Petition for Dissolution. You should contact an attorney to determine whether you have been properly served and to advise you about your rights.

Frequently, people ask for more than they really want in these documents. For example, Martha from Maple Grove, asked me to review a Summons and Petition served on her by her estranged ex-husband. “I don’t see how he can ask for full custody of our children when he hasn’t seen them for three years!” The answer is that in Summons and Petition, a party can ask for anything. If you don’t respond or appear for a hearing that has been scheduled by the Court, it is possible that the Court will grant your spouse what is requested. It is important to take legal documents seriously, obtain the advice of a Family law attorney Minnesota, respond in a timely manner and appear for all hearings that are scheduled so that you can present your side of the story and tell the Court what you want.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own family law practice. She practices every day as Divorce lawyers Minnesota with the intention of representing her clients’ future.