Minnesota Instructions — Answer and Counter Petition is a document which is used in Minnesota civil courts. It is used to respond to a complaint which has been filed by another party. The document outlines how to respond to a complaint, as well as how to file a counterclaim if the responding party wishes to pursue a different legal action. This document also provides instructions on how to prepare the answer and counterclaim, including how to serve the other party. Additionally, this document outlines the deadlines and procedures for filing all documents associated with the Answer and Counterclaim. There are two types of Minnesota Instructions — Answer and Counter Petition: one for individuals and one for businesses.
Minnesota Instructions - Answer and Counter Petition
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State:
Minnesota
Control #:
MN-SKU-1525
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PDF
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Instructions - Answer and Counter Petition
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IMPORTANT! If you were served with a "Summons and Petition for Dissolution of Marriage" you must respond within 30 days, or a"default" divorce judgment may be entered against you.
If your petition is approved, you should receive a Notice of Entry of a Decree of Dissolution from the court 30 days after you file it, which means your marriage is ended. The dissolution is not final until the decree is entered.
If your spouse was personally served with the divorce papers, your spouse has 30 days to respond or object. To object to something in your divorce forms, your spouse will need to serve you with a form called an Answer (and they will file this with the court, too).
If your spouse doesn't file a response within 30 days of being served, you can ask the court for a default. This means asking the court to decide the case without your spouse's input. In a divorce by default, the court will make decisions based on the information you file and what the law says.
What if my spouse does not want the divorce? In Minnesota, you do not need the consent of your spouse to obtain a divorce. You simply need to show that the marriage is irretrievably broken. If your spouse is denying this requirement, be prepared to attend court-ordered mediation or even possibly go to trial.
Minnesota is an equitable distribution state. This does not necessarily mean a 50-50 settlement of everything. But the law presumes that all assets and debts acquired during the marriage will be divided equitably, including: Your house and other real estate.