Can I Oppose a Divorce?

If your spouse is seeking a divorce, and you don’t want one, it can make the entire process that much more emotionally challenging. Ultimately, your spouse will be awarded a divorce – whether you are in agreement or not – which makes protecting your financial and parental rights from the start critical. If you’re facing a divorce that you would rather oppose, discuss your concerns with an experienced Minnesota divorce attorney today. 

Your Response

Once your spouse files for divorce in the State of Minnesota, you’ll need to file your response within 30 days of being served with the divorce papers. Failure to do so can ultimately lead to the court granting your spouse a divorce based on their specifications – with no input from you. In other words, once the divorce process begins, you have no recourse other than participating in it – if you are interested in protecting your rights. 

Your Spouse’s Obligation 

If your spouse is seeking a divorce that you oppose, they will need to convince the court that your marriage is irretrievably broken, which may involve a mediation requirement or even going to trial, but will not derail the divorce itself. If you are willing to negotiate divorce terms with your spouse, mediation – at which a professional mediator will help you gain a better understanding of how the court is likely to resolve your divorce – may be a good option. If you cannot bring yourself to negotiate the terms of your divorce, however, the court will do so for you, which means you’ll have to give up your decision-making authority regarding each of the following terms:

• The division of your marital property
• Your child custody arrangements, including both legal custody and parenting time
• Child support
• Alimony

If Your Case Goes to Trial

Your dedicated divorce attorney will work closely with you to help ensure that you understand the ramifications of going to court in order for your divorce terms to be resolved, including:

• Going to court is likely to be a more expensive process.
• Going to court is likely to be a lengthier process.
• Going to court generally means a more contentious divorce that is harder on everyone, including your children. 
• Going to court means that you will no longer have the authority to make primary decisions about your parental and financial rights on your own. 

The bottom line is that while you can oppose your spouse’s attempt to obtain a divorce, it will not stop the divorce from proceeding – but it is likely to make the process more difficult for you and could compromise the final results.  

Make the Call to an Experienced Minnesota Divorce Attorney Today

The formidable Minnesota divorce attorneys at Atticus Family Law understand your reticence to seek a divorce and have the compassion to help you protect your rights and make the right decisions for you throughout the process while honoring your feelings on the matter. Divorce is an emotional journey, but we are here to help in whatever way we can. To learn more, please don’t wait to contact us today.