Divorce is an emotional and often complicated process. If you have been served with a divorce summons in Minnesota, it is essential to understand your legal responsibilities and limitations from the moment you receive it. Under Minnesota Statute Section 518.091, certain temporary restraining provisions automatically take effect upon service of the summons. Violating these provisions can lead to serious legal consequences, including court-imposed sanctions.
This article outlines what you cannot do once you have been served with a divorce summons in Minnesota and why compliance is crucial.
1. You Cannot Dispose of Assets Without Justification
One of the most significant restrictions placed on both parties during a divorce proceeding is the limitation on disposing of marital or individual assets. Under the statute, neither party may dispose of any assets unless it falls under one of the following exceptions:
- Necessities of Life: You may use funds to cover essential living expenses, such as housing, utilities, food, and medical care.
- Necessary Generation of Income or Preservation of Assets: If an expenditure is required to maintain an income stream (e.g., paying business expenses) or to prevent financial loss (e.g., repairing a rental property), it may be permissible.
- By Written Agreement: If both parties mutually agree in writing to a particular transaction, it is allowed.
- To Retain Legal Counsel: You are permitted to use assets to hire an attorney to represent you in the divorce proceedings.
Consequences of Violating This Provision
If you sell, transfer, or otherwise dispose of property without a valid reason, the court may reverse the transaction, impose financial penalties, or hold you in contempt of court. Additionally, the other party may claim that you are trying to hide assets, which can negatively impact property division and spousal maintenance rulings.
2. You Cannot Harass the Other Party
Divorce proceedings often come with heightened emotions, but the law strictly prohibits harassing, threatening, or intimidating the other party. Harassment can take many forms, including:
- Repeated or unwanted contact, including excessive phone calls, emails, or text messages.
- Verbal abuse, threats, or intimidation.
- Following the other party or showing up uninvited at their home or workplace.
- Engaging in public outbursts, social media harassment, or spreading false information about the other party.
Consequences of Harassment
Violating this provision can result in:
- A restraining order against you.
- A negative impact on child custody determinations if children are involved.
- Potential criminal charges, including domestic harassment or stalking charges.
- Court-imposed sanctions, fines, or jail time in extreme cases.
If you feel the urge to communicate with your spouse about the divorce, it is best to go through your attorney or engage in alternative dispute resolution methods such as mediation.
3. You Cannot Change or Cancel Insurance Coverage
The statute mandates that all currently available insurance coverage must be maintained and continued without any change in coverage or beneficiary designation. This includes:
- Health insurance: If you provide health insurance for your spouse or children, you must continue doing so.
- Life insurance: You cannot remove your spouse or children as beneficiaries.
- Auto insurance and homeowners insurance: These policies must remain intact.
Consequences of Altering or Canceling Insurance Coverage
If you attempt to change or cancel insurance policies:
- The court may order you to reinstate the original coverage at your expense.
- You may be held in contempt of court.
- You could be required to compensate the other party for any financial losses resulting from your actions.
If there is a legitimate need to alter a policy (such as loss of employment or financial hardship), you must seek court approval before making any changes.
Why These Restrictions Matter
The purpose of these temporary restraining provisions is to maintain financial stability and prevent misconduct during the divorce process. These rules ensure that neither party engages in unfair financial behavior, harassment, or rash decisions that could negatively impact the final divorce settlement.
Protecting Assets and Financial Fairness
Without these restrictions, one spouse could easily dissipate marital assets, leaving the other in financial hardship. By enforcing these rules, courts aim to keep the division of property fair and in line with Minnesota law.
Ensuring Safety and Respect
Divorce can bring about emotional turmoil, but it should never escalate to harassment or threats. By prohibiting harassment, the law ensures that both parties have a safe and fair environment to negotiate and resolve their issues.
Maintaining Stability for Children and Dependents
If children are involved, keeping insurance coverage intact is crucial to ensuring their continued well-being and stability during the divorce process. Courts prioritize the best interests of children, and any attempt to disrupt their security could backfire during custody and support determinations.
What Happens If You Violate These Rules?
If you fail to comply with these temporary restraining provisions, the court has several enforcement mechanisms at its disposal, including:
- Sanctions or fines for violating court orders.
- Reversal of unauthorized asset transfers.
- Restraining orders or other protective measures.
- Increased scrutiny in divorce proceedings, which could lead to less favorable rulings regarding property division, spousal support, or custody.
If you have already made a mistake, consult an attorney immediately to mitigate potential penalties and explore possible remedies.
What You Should Do After Being Served
If you have been served with a divorce summons in Minnesota, follow these steps to ensure compliance with the law and protect your interests:
- Read the Summons Carefully: Understand your legal obligations and restrictions.
- Consult an Attorney: Legal guidance is essential to navigate the divorce process effectively.
- Document Your Financial Transactions: Keep records of all expenses and asset management to demonstrate compliance.
- Communicate Respectfully: If necessary, engage in court-approved communication channels.
- Do Not Make Rash Decisions: Avoid taking actions that could hurt your case, such as selling property, canceling insurance, or harassing your spouse.
- Prepare for Mediation or Court Proceedings: Be proactive in discussing settlements and legal strategies with your attorney.
Conclusion
Being served with a divorce summons in Minnesota comes with automatic legal restrictions that you must follow. These restrictions protect financial stability, prevent harassment, and ensure that insurance coverage remains intact during the proceedings. Failing to comply with these rules can result in severe legal consequences, including fines, contempt charges, and unfavorable court rulings.
By understanding what you cannot do, you can navigate the divorce process more smoothly, avoid costly mistakes, and position yourself for a fair outcome. If you have any doubts about your responsibilities, seek legal counsel immediately to ensure compliance and protect your rights.