Divorcing in Burnsville? What to Expect in Dakota County Family Court
What Should I Expect in a Dakota County Divorce?
Divorce is never easy, but understanding the legal process can make it less overwhelming. If you live in Burnsville, Minnesota, your divorce case will be handled by the Dakota County District Court, part of the First Judicial District.
Where Do You File for Divorce in Burnsville?
Although Burnsville is located in Dakota County, divorce cases are not heard at a courthouse in Burnsville. Instead, they are filed and processed at the Dakota County Judicial Center, located in Hastings:
Dakota County Judicial Center
1560 Highway 55
Hastings, MN 55033
Phone: (651) 377-7180
Divorce pleadings can be filed online or in person at the Judicial Center. Whether your case is contested or uncontested, this is the courthouse where your divorce hearings will take place. Some cases are also heard at the Dakota County Western Service Center, located in Apple Valley.
What Happens After the Case is Filed? Initial Case Management Conference (ICMC)
Dakota County family court uses a system called an Initial Case Management Conference to help divorcing parties resolve issues efficiently and reduce unnecessary litigation.
Soon after filing, the court will schedule an Initial Case Management Conference (ICMC), which is typically held within the first 30–60 days. Here’s what to expect:
Who attends? Both parties and their attorneys (if represented) must attend.
Who presides? A judicial officer—either a judge or a family court referee—will lead the session.
What is discussed? The ICMC is not a trial or evidentiary hearing. Instead, the judicial officer will:
Identify the main issues in dispute (e.g., custody, property division, spousal maintenance).
Encourage the parties to reach agreements early, if possible.
Refer the parties to mediation or other alternative dispute resolution (ADR) services.
Set deadlines and a potential schedule for future hearings or trial.
Many cases in Dakota County settle in part or entirely because of the structure and focus of the ICMC.
Parenting Time and Custody in Burnsville Divorce Cases
If you have minor children, parenting time and custody will be central to your divorce case. Here’s what typically happens in Dakota County:
Legal Custody vs. Physical Custody
Legal custody refers to decision-making authority for things like education, healthcare, and religion.
Physical custody refers to where the children primarily reside.
The court usually favors joint legal custody unless there are concerns such as domestic violence or an inability to co-parent.
How Is Parenting Time Decided?
During the ICMC or shortly after, the court may issue a temporary parenting time order if the parents cannot agree. Commonly used tools in Dakota County include:
Parenting Time Expeditors: Court-appointed neutrals who help resolve parenting disputes.
Custody Evaluations or Guardian ad Litem appointments, in high-conflict or complex cases, particularly those involving allegations of parental wrongdoing or abuse.
Mediation or Social Early Neutral Evaluation (SENE): Encouraged early in the case to help parties reach a resolution with the help of neutral professionals.
The court’s main goal is to promote the best interests of the child, considering the factors outlined in Minnesota Statutes § 518.17.
Finalizing the Divorce
If the parties reach a full agreement, they may submit a Stipulated Proposed Judgment and Decree, which the judge can approve without a trial. If there are unresolved issues, the case may proceed to a pretrial hearing and, eventually, a trial before a judge (not a jury).
Need Help with Your Burnsville Divorce?
At Roach Law PLLC, experienced family law attorney John E. Roach helps clients throughout Dakota County navigate divorce with compassion and clarity. Whether you're filing for the first time or need help modifying an existing order, John is here to protect your rights and help you move forward.
Call (651) 468-2103 to schedule a consultation, or book a free consultation via our booking page.