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Appealing a divorce case to the Minnesota Supreme Court is a challenging process, as the Court grants review in only a small percentage of cases. Unlike the Minnesota Court of Appeals, which must hear most appeals, the Supreme Court exercises discretionary review, meaning it selects the cases it deems most significant. If you are considering seeking review of your divorce appeal, it is essential to understand the factors that increase the likelihood of acceptance. This article outlines the key considerations and strategies for improving your chances of Supreme Court review.

Understanding the Discretionary Review Process

The Minnesota Supreme Court does not grant review as a matter of right. Instead, parties must petition the Court for review, and the justices decide whether to accept the case. The Supreme Court typically grants review only in cases that:

  • Present a significant legal issue or question of statewide importance.
  • Address a conflict in Minnesota law that requires clarification.
  • Involve a constitutional question.
  • Raise a novel issue that has not been addressed by the Court before.
  • Demonstrate a departure from well-established precedent.

Understanding these factors can help you craft a compelling petition for review.

1. Identify a Significant Legal Issue

The Supreme Court is not interested in correcting errors in individual cases unless they involve an important legal principle. Your petition should highlight a legal issue that has broad implications beyond your specific divorce dispute.

Examples of significant legal issues in divorce cases may include:

  • Interpretation of new or ambiguous family law statutes.
  • Conflicting rulings from lower courts on the same legal issue.
  • A ruling that significantly departs from established family law precedent.

If your case presents such an issue, emphasize its significance in your petition.

2. Frame Your Case as a Matter of Statewide Importance

To increase the likelihood of Supreme Court review, demonstrate how the legal question in your case affects others in Minnesota. If the Court’s decision could impact how future divorce cases are decided, this increases its importance.

For example, if your appeal involves:

  • The treatment of high-asset divorce settlements in a way that diverges from prior cases.
  • A constitutional challenge to a Minnesota divorce statute.
  • A procedural issue that arises frequently in family law cases.

Then, clearly explain why the issue has broad implications beyond your personal circumstances.

3. Show That the Lower Courts Are Divided on the Issue

The Supreme Court often grants review when there is a split in how the lower courts have decided similar issues. If different Minnesota district courts or the Court of Appeals have issued conflicting decisions, the Supreme Court may step in to resolve the inconsistency.

If your case involves such a conflict, highlight how different courts have ruled inconsistently and why clarity is needed.

4. Argue That the Court of Appeals Made a Clear Legal Error

While the Supreme Court does not correct every legal error, it may grant review if the Court of Appeals made a significant mistake in interpreting or applying the law. If you can demonstrate that the Court of Appeals misapplied a legal standard, ignored relevant precedent, or otherwise reached an incorrect conclusion on a crucial issue, this strengthens your petition.

5. Emphasize Novel or Unsettled Legal Questions

If your case presents an issue that the Minnesota Supreme Court has not yet addressed, it may be more inclined to grant review. Courts are particularly interested in shaping new areas of law or clarifying ambiguous statutes.

For example, if a recent change in Minnesota’s divorce laws led to inconsistent rulings, or if your case involves emerging issues in family law (such as the treatment of cryptocurrency in asset division), the Court may find your case worthy of review.

6. Follow Proper Procedural Steps in Filing Your Petition

A strong legal argument is necessary, but following proper procedures is equally important. If your petition does not comply with procedural requirements, it may be rejected outright. Key procedural steps include:

  • Filing a petition for review within 30 days of the Court of Appeals decision.
  • Clearly identifying the issues for review.
  • Explaining why the case meets the criteria for Supreme Court review.
  • Following the Minnesota Rules of Civil Appellate Procedure in preparing your petition.

Attention to detail in drafting and filing your petition is crucial.

7. Obtain Support from Legal Experts or Organizations

Amicus curiae (“friend of the court”) briefs from legal organizations or experts can strengthen your petition. If a respected family law organization, legal scholar, or public policy group submits a brief in support of review, it signals that the case is important beyond your individual circumstances.

If possible, seek support from professionals or groups with an interest in the legal issue at stake.

8. Be Realistic About Your Chances

Even with a strong legal argument, the Minnesota Supreme Court accepts only a small percentage of cases. If your case does not involve a broadly significant legal issue, obtaining review may be difficult. However, a well-prepared petition that highlights an important legal question, follows procedural rules, and garners external support can improve your chances.

Conclusion

Securing Minnesota Supreme Court review of a divorce appeal is challenging, but not impossible. By focusing on a significant legal issue, demonstrating statewide importance, highlighting legal conflicts, and following procedural requirements, you can improve your chances. If you are considering petitioning for Supreme Court review, consulting an experienced appellate attorney can help ensure that your petition is as strong as possible. With the right approach, you can maximize your chances of having your case heard by Minnesota’s highest court.