5 Things to Know About Getting Divorced in Burnsville
Five Things to Know About Your Burnsville Divorce
Divorce is rarely easy—but understanding the legal landscape in your specific city can make the process more manageable. If you’re considering or facing divorce in Burnsville, Minnesota, here are five key things to know that can help you navigate the road ahead.
1. Your Case Will Be Handled in Dakota County District Court
Although you may live in Burnsville, divorce cases are processed through the Dakota County District Court, which has locations in Hastings, Apple Valley, and West St. Paul. The Apple Valley courthouse is often the most convenient location for Burnsville residents.
Most family law matters—including initial case management conferences, temporary relief hearings, and other motion hearings—are heard via Zoom, but often pre-trial hearings and court trials or evidentiary hearings are heard at these court locations. Most commonly, trials will be held at the Hastings courthouse.
Related: Burnsville Divorce Lawyer – Learn how Roach Law PLLC can help you prepare for Dakota County court.
2. Minnesota Is a “No-Fault” Divorce State
Under Minnesota law, you don’t need to prove that either spouse did something wrong to get divorced. A showing of an “irretrievable breakdown of the marriage” is sufficient. This means that one spouse’s desire to end the marriage is generally enough for the court to proceed with the divorce.
That said, misconduct like financial dishonesty or domestic abuse can still play a role in property division, spousal maintenance, and custody outcomes. However, for the most part, whether a spouse has done something wrong during the marriage is not relevant for purposes of moving forward with divorce proceedings.
3. Custody and Parenting Time Are Decided Based on the Child’s Best Interests
For parents in Burnsville, one of the most critical aspects of divorce is determining legal and physical custody of the children. Minnesota courts use a list of best-interest factors under Minn. Stat. § 518.17, including:
The child’s needs and development
Each parent’s ability to care for the child
The history of each parent’s involvement
The willingness of each parent to support the child’s relationship with the other parent
Burnsville families should be prepared for the court to conduct a thorough analysis—especially if custody is contested. These factors are crucial and it is important for each relevant factor to be highlighted by your attorney for the court’s review. This is not always done by naming the factor specifically, but an experienced family law attorney will strategically address those elements that weigh most favorably for you in your case.
4. Property Division Is Based on Equity—Not Automatically 50/50
Minnesota law requires a “just and equitable” division of marital assets and debts. While that often results in something close to an even split, the court can deviate if circumstances call for it—such as one party staying home to raise children, or one spouse significantly mismanaging finances.
Assets considered “marital” may include:
The family home (even if only one name is on the deed)
Retirement accounts
Vehicles
Credit card and student loan debts
Burnsville divorce attorney John E. Roach can help assess the full financial picture and advocate for a fair division. Minnesota law regarding property division can often be complex and it is important to develop a thorough strategy for protecting your rights and obtaining a favorable division of assets and liabilities.
5. Mediation Is Strongly Encouraged—But Not Always Required
Dakota County judges frequently encourage divorcing couples to try Alternative Dispute Resolution (ADR) options like mediation. This can be a cost-effective way to resolve issues without a lengthy trial. ADR can include mediation, early neutral evaluation (ENE), moderated settlement conferences, or other forms of dispute resolution. In general, ADR is required although there are some limited exceptions to this rule. Dakota County has several ADR programs including an ENE program as well as a volunteer mediation program.
However, mediation may not be appropriate in every case—especially those involving domestic abuse. In those cases, it is important to have a detailed conversation with an attorney regarding whether mediation or other alternative dispute resolution is appropriate for your case.
Local Knowledge Matters
Every divorce case is unique—but understanding how the Dakota County courts and local judges approach divorce matters can make a major difference in your outcome. An attorney who practices regularly in Burnsville and Dakota County will know the procedural nuances, preferences of local judges, and common pitfalls to avoid.
If you’re thinking about divorce in Burnsville or need representation, Roach Law PLLC is here to help. Attorney John E. Roach offers practical advice, compassionate guidance, and strategic advocacy every step of the way.
Contact Roach Law PLLC today to schedule a consultation and discuss your options.