Family Court Forms

The Minnesota Judicial Branch provides free forms for family court matters including divorce (dissolution of marriage), child custody, parenting time, child support, paternity, orders for protection, and name changes. All forms link to the official Minnesota courts website and are kept current by the Judicial Branch.

Before You File

Where to file: Family court forms are filed with the district court in the county where you or the other party lives. Contact your county’s court administration office for filing instructions and current fees.

Filing fees: Filing fees vary by case type. As of 2024, the filing fee for a dissolution (divorce) petition is approximately $400. If you cannot afford the filing fee, you can apply for a fee waiver using the In Forma Pauperis (IFP) application.

Service of process: In most family law cases, after filing your petition, you must formally serve the other party. You cannot serve the papers yourself. A process server, sheriff, or any person over 18 who is not a party to the case can serve the documents.

Divorce (Dissolution of Marriage)

Starting a Divorce

Download forms from mncourts.gov

Minnesota is a “no-fault” divorce state. You do not need to prove that your spouse did anything wrong – you only need to show an “irretrievable breakdown” of the marriage ( Minn. Stat. § 518.06 ).

Residency requirement: At least one spouse must have lived in Minnesota for at least 180 days before filing ( Minn. Stat. § 518.07 ).

Forms you need to start a divorce:

• Summons – notifies your spouse that a divorce has been filed
• Petition for Dissolution of Marriage – states the basic facts and what you are requesting (property division, custody, support, etc.)
• Confidential Information Form – provides the court with Social Security numbers and other private information (not available to the public)

Joint Petition (Uncontested Divorce)

Download forms from mncourts.gov

If both spouses agree on all terms (division of property and debts, spousal maintenance, custody, parenting time, and child support), you may file a Joint Petition for Dissolution. This simplifies the process because:

• Only one set of forms needs to be filed
• No service of process is required (both parties sign the petition)
• The process is typically faster and less expensive
• A hearing may still be required, but it is usually brief

Responding to a Divorce

Download forms from mncourts.gov

If your spouse has filed for divorce and served you, you must respond within 30 days. Your response options include:

• Answer – respond to each allegation in the petition
• Counter-petition – file your own requests for relief (property division, custody, support, etc.)
• Stipulation – if you agree with everything in the petition, you can sign a stipulation

Child Custody and Parenting Time

Establishing Custody

Download forms from mncourts.gov

Minnesota recognizes two types of custody:

• Legal custody – the right to make major decisions about the child’s upbringing (education, health care, religion). Can be sole or joint.
• Physical custody – where the child lives. Can be sole or joint (shared).

The court determines custody based on the best interests of the child, considering factors listed in Minn. Stat. § 518.17 , including:

• The child’s physical, emotional, cultural, and spiritual needs
• Each parent’s ability to meet those needs
• The child’s relationship with each parent and siblings
• The child’s adjustment to home, school, and community
• The child’s preference (if old enough and mature enough)
• Each parent’s willingness to encourage the child’s relationship with the other parent
• Any history of domestic abuse

Parenting Plan

Download from mncourts.gov

A parenting plan describes the schedule for when the child will be with each parent. It should address:

• Regular weekly schedule
• Holiday and vacation schedule
• Transportation arrangements
• Communication between the child and each parent
• How parents will make decisions together (if joint legal custody)
• How disputes about the parenting plan will be resolved

Modifying Custody or Parenting Time

Download forms from mncourts.gov

You can request a modification when there has been a significant change in circumstances since the original order. Examples include:

• A parent relocating
• A substantial change in work schedule
• The child’s needs changing as they grow
• Safety concerns (domestic abuse, substance abuse)
• Endangerment of the child

For custody modifications, there is generally a one-year waiting period after the original order before a modification can be filed, unless the child is in danger ( Minn. Stat. § 518.18 ).

Child Support

Establishing or Modifying Child Support

Download forms from mncourts.gov

Minnesota uses income-based guidelines to calculate child support ( Minn. Stat. Chapter 518A ). The calculation considers:

• Each parent’s gross income
• The number of children
• The parenting time schedule (overnights with each parent)
• Costs of health insurance and child care
• Other factors specified by law

Modification: Either parent can request a modification when there has been a substantial change in circumstances that makes the current order unreasonable and unfair. Common grounds include:

• A significant change in either parent’s income (generally 20% or more)
• A change in the parenting time schedule
• A change in child care or health insurance costs
• A child turning 18 or graduating from high school

Child Support Enforcement

If the other parent is not paying court-ordered child support, you can seek enforcement through:

• Minnesota Child Support Enforcement Division – can garnish wages, intercept tax refunds, suspend licenses, and take other enforcement actions
• Contempt of court motion – ask the court to hold the non-paying parent in contempt, which can result in fines or jail time
• Contact your county’s child support office for help with enforcement

Orders for Protection (OFP)

Domestic Abuse Order for Protection

Download forms from mncourts.gov

An Order for Protection is an emergency court order that can:

• Order the abuser to stop the abuse
• Order the abuser to leave the shared home
• Grant you temporary custody of children
• Establish temporary child support
• Order the abuser to stay away from you, your home, and your workplace
• Order other relief to protect your safety

Who can get an OFP: You can file for an OFP if you have been abused by:

• A spouse or former spouse
• A parent, child, or other family member
• Someone you live with or have lived with
• Someone you have a child with
• Someone you are or have been in a significant romantic relationship with

Filing fees: There is no filing fee for an Order for Protection.

For more information:

Paternity

Establishing Paternity

Download forms from mncourts.gov

Establishing paternity (legal fatherhood) is necessary before the court can issue orders for custody, parenting time, or child support when the parents are not married.

Two ways to establish paternity in Minnesota:

1. Recognition of Parentage (ROP) – a voluntary form signed by both parents, usually at the hospital when the child is born. This form has the same legal effect as a court order. It can be rescinded within 60 days of signing.

2. Court action – either parent (or the county) can file a petition to establish paternity. The court can order genetic (DNA) testing if paternity is disputed.

Once paternity is established, either parent can file for custody, parenting time, and child support.

Name Change

Adult Name Change

Download forms from mncourts.gov

Minnesota allows adults to legally change their name through a court petition ( Minn. Stat. § 259.10 ). Requirements include:

• You must have lived in the county where you file for at least 6 months
• You must publish notice of the name change in a local newspaper (unless the court waives publication for safety reasons)
• You must attend a court hearing
• The court will grant the name change unless it finds the change is being sought for a fraudulent or dishonest purpose

Filing fee: Approximately $300 to $400 (varies by county). Fee waivers are available.

Minor Name Change

Download forms from mncourts.gov

Changing a minor child’s name requires:

• Consent of both parents (or proof that the other parent has been served and given an opportunity to object)
• A court hearing
• The court will consider the best interests of the child

Fee Waiver (In Forma Pauperis)

IFP Application

Download from mncourts.gov

If you cannot afford the filing fees for a family court case, you can apply for a fee waiver. There is no fee to file the IFP application itself. Provide information about your income, expenses, assets, and debts.

Tips for Self-Represented Parties in Family Court

1. Attend all hearings. Failure to appear can result in orders being entered without your input.
2. Be organized. Bring copies of all documents, financial records, and evidence to every hearing.
3. Be honest with the court. Judges take truthfulness seriously. Do not exaggerate or hide information, especially regarding finances.
4. Keep communication records. Save all text messages, emails, and written communication with the other party. These may be relevant evidence.
5. Follow existing court orders. Even if you disagree with a court order, comply with it while seeking a modification. Violating a court order can result in contempt charges.
6. Consider mediation. Minnesota courts generally require mediation before custody disputes go to trial. Many people find mediation more effective than a trial for resolving family disputes.
7. Protect your children. Never use children as messengers or involve them in disputes between parents. Courts take a dim view of this behavior.
8. Do not post about your case on social media. Anything you post can be used as evidence.

Additional Resources

• Minnesota Judicial Branch - All Family Law Forms
• Minnesota Judicial Branch - Self-Help Center
• Minnesota Child Support Calculator
• Day One Crisis Hotline – 1-866-223-1111 (domestic violence)

Getting Divorced in Minnesota