Getting Divorced in Minnesota
Overview
In Minnesota, divorce is officially called a dissolution of marriage. The process is governed by Minn. Stat. § 518 (Chapter 518 — Dissolution of Marriage).
Minnesota is a no-fault divorce state. This means you do not need to prove that your spouse did something wrong. You only need to state that there has been an “irretrievable breakdown of the marriage relationship.” In plain language: the marriage is broken and cannot be fixed.
This guide covers the basic process for an uncontested divorce (where both spouses agree on the major issues) and a contested divorce (where you disagree and need the court to decide).
Who this guide is for: Minnesota residents who are considering divorce or who have already been served with divorce papers.
Residency requirement: At least one spouse must have lived in Minnesota for at least 180 days (about 6 months) before filing, per Minn. Stat. § 518.07 .
- Minnesota is a no-fault state – you do not need to prove your spouse did something wrong.
- An automatic temporary restraining order protects assets once the divorce is filed – neither spouse can hide or dispose of property.
- You have the right to request a fee waiver if you cannot afford the filing fee.
- Property is divided equitably (fairly), which does not always mean 50/50.
- You have 30 days to respond if you are served with divorce papers. Do not ignore them.
- Free legal help is available through Legal Aid and court self-help centers.
This is legal information, not legal advice. For help with your specific situation, contact a legal aid organization.
Do I Have a Case?
You can file for divorce in Minnesota if:
- At least one spouse has lived in Minnesota for 180 days or more
- The marriage is irretrievably broken — you believe the marriage cannot be saved
- You are legally married — including common-law marriages recognized by other states
You should also consider:
- Legal separation: If you are not sure about divorce, you can file for a legal separation instead. This settles issues like property and custody without ending the marriage ( Minn. Stat. § 518.06 ).
- Annulment: In rare cases, you may be able to annul your marriage (as if it never happened). This applies to situations involving fraud, bigamy, or lack of capacity.
Comparing Your Options
Divorce Types in Minnesota
Compare the different ways to dissolve a marriage in Minnesota.
| Feature | Uncontested Divorce | Contested Divorce | Collaborative Divorce | Mediated Divorce |
|---|---|---|---|---|
| Agreement on terms | Yes | No | Working toward it | Working toward it |
| Typical cost range | $500-$2,500 | $5,000-$50,000+ | $3,000-$10,000 | $2,000-$8,000 |
| Typical timeline | 2-4 months | 6 months-2+ years | 3-9 months | 3-6 months |
| Court appearances | Minimal (1-2) | Many | Minimal | Minimal |
| Privacy | Standard filings | Public hearings | High | High |
| Control over outcome | High (mutual) | Low (judge decides) | High | High |
| Attorney required | Recommended | Yes | Yes (each party) | Optional |
| Best for | Couples who agree | Complex disputes, abuse | Willing to negotiate | Need help communicating |
| Children involved | Either | Either | Either | Either |
| Statutory basis | Minn. Stat. § 518.13 | Minn. Stat. § 518.13 | Minn. Stat. § 518.619 | Minn. Stat. § 518.619 |
Step-by-Step Process
Step 1: Gather Your Information
Before you file, collect the following:
- Personal information for both spouses: full legal names, dates of birth, Social Security numbers, and current addresses
- Marriage information: date and place of marriage
- Children: names, dates of birth, current living arrangements, and school information
- Financial information: income (pay stubs, tax returns), bank accounts, retirement accounts, debts, credit cards, mortgages
- Property: deeds, car titles, valuations of major assets
- Insurance: health, life, and auto insurance policies
Tip: Make copies of all important financial documents early. Once divorce is filed, some spouses become uncooperative about sharing information.
Step 2: File the Petition
The divorce process starts when one spouse (the petitioner) files a Summons and Petition with the district court in the county where either spouse lives.
What the petition includes:
- Your names and addresses
- Date and place of marriage
- Names and birth dates of children
- A statement that the marriage is irretrievably broken
- What you are asking for (property division, custody, support)
Filing fee: Approximately $400 (varies slightly by county). If you cannot afford it, you can apply to have the fee waived by filing an In Forma Pauperis (IFP) petition.
Once a divorce is filed, an automatic temporary restraining order goes into effect under
. Neither spouse may hide or dispose of assets, cancel insurance, or move children out of state. Violating this order can result in serious legal consequences.
Step 3: Serve Your Spouse
After you file, you must serve (deliver) the court papers to your spouse. Under Minnesota law:
- Personal service: Someone other than you (a process server, sheriff, or any adult who is not a party to the case) must hand the papers directly to your spouse.
- Acceptance of service: Your spouse can sign a document acknowledging they received the papers. This is the simplest option if your spouse is cooperative.
Your spouse has 30 days to file a response (called an Answer) after being served.
If your spouse does not respond within 30 days, you may be able to get a default judgment — the court may grant the divorce based on what you asked for in the petition.
Step 4: Negotiate or Go to Trial
Most divorces settle without a trial. Here is what happens:
Disclosures: Both sides must exchange financial information. This is required under Minnesota rules and helps make sure the division of property is fair.
Negotiation options:
- Direct negotiation: You and your spouse work out the details on your own or with attorneys.
- Mediation: A neutral mediator helps you reach an agreement. Many courts require mediation before trial, especially for custody disputes. Mediation costs vary but are typically $150–$350 per hour, split between the parties.
- Early Neutral Evaluation (ENE): A neutral evaluator reviews custody or financial issues and gives a non-binding opinion to help you settle.
If you cannot agree, the case goes to trial. A judge will decide all unresolved issues — property division, custody, child support, and spousal maintenance (alimony).
Key issues the court decides:
- Property division: Minnesota is an “equitable distribution” state — the court divides property fairly, which does not always mean 50/50 ( Minn. Stat. § 518.58 ).
- Child custody: The court considers the best interests of the child. Factors include each parent’s relationship with the child, the child’s needs, and stability ( Minn. Stat. § 518.17 ).
- Child support: Calculated using Minnesota’s income-shares guidelines under Minn. Stat. § 518A.34 . Both parents’ incomes and parenting time are factored in.
- Spousal maintenance (alimony): Not automatic. The court considers the length of the marriage, each spouse’s income and earning potential, and the standard of living during the marriage ( Minn. Stat. § 518.552 ).
Step 5: Finalize the Divorce
If you reached an agreement: You and your spouse submit a written agreement called a Stipulated Judgment and Decree. You will likely attend a short hearing where the judge reviews the agreement and asks a few questions to make sure it is fair.
If you went to trial: The judge will issue a Judgment and Decree with their decisions on all issues.
Once the judge signs the Judgment and Decree, your divorce is final.
Minnesota requires the respondent to have at least 30 days to answer the petition after service, per
. A divorce cannot be finalized before that period expires. In practice, most divorces take 3 to 12 months.
After the divorce is final:
- Update your name (if applicable) with Social Security, DMV, banks, and employers
- Update beneficiaries on insurance policies, retirement accounts, and wills
- Follow the custody and support orders exactly as written
Divorce Filing Checklist
Key Deadlines
| Deadline | Details |
|---|---|
| Residency | At least one spouse must have lived in MN for 180 days before filing |
| Answer deadline | 30 days after being served to file a response |
| Minimum waiting period | 30 days after service before the divorce can be finalized |
| Typical timeline | 3-12 months from filing to final decree |
| Appeal | 60 days from entry of judgment to file an appeal |
Costs & Fees
| Item | Cost |
|---|---|
| Filing fee (petition) | ~$400 (varies by county) |
| Process server | $50–$100 |
| Mediation | $150–$350/hour (usually split) |
| Attorney fees | $200–$400/hour (varies widely) |
| Fee waiver (IFP) | Available for people with low incomes |
An uncontested divorce without attorneys can cost as little as $400 (just the filing fee). A contested divorce with attorneys can cost $5,000 to $30,000 or more, depending on the issues involved.
When to Get a Lawyer
You are not required to have a lawyer for a divorce in Minnesota. Many people with simple, uncontested divorces handle them on their own. However, you should strongly consider hiring a lawyer if:
- You have minor children and disagree about custody or parenting time
- You own a home, business, or retirement accounts that need to be divided
- There is a history of domestic abuse or you feel unsafe
- Your spouse has already hired a lawyer
- You disagree about spousal maintenance (alimony)
- The divorce involves complex finances (business ownership, stock options, debts)
Even if you handle the divorce yourself, a one-time consultation with a lawyer can help you avoid costly mistakes.
Related Guides
A plain-language guide to child custody in Minnesota. Learn about legal and physical custody, how courts decide, and how to file for custody. A plain-language guide to child support in Minnesota. Learn how support is calculated, how to file, and how to modify or enforce a child support order. How to get an Order for Protection in Minnesota. A plain-language guide to the OFP process, requirements, and what to expect. A plain-language guide to legally changing your name in Minnesota. Covers the court process, required forms, costs, and what to update after your name change. A plain-language guide to making a will in Minnesota. Learn what you need, how to do it, and where to get help.Child Custody in Minnesota
Child Support in Minnesota
Orders for Protection (OFP) in Minnesota
Legal Name Change in Minnesota
Wills and Estate Planning in Minnesota
Where to Get Help
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
Volunteer Lawyers Network
LawHelpMN
- Minnesota Judicial Branch Self-Help Center: mncourts.gov/selfhelp – court forms, instructions, and guides for people without lawyers
- Family Law Self-Help Centers: Many courthouses have free walk-in help centers for family law matters. Check your county court’s website.
Common Mistakes to Avoid
- Hiding assets or income. The court requires full financial disclosure. Hiding assets can result in penalties and an unfair outcome.
- Moving out before talking to a lawyer. Leaving the family home can affect your custody case and your claim to the property.
- Posting about the divorce on social media. Anything you post can be used as evidence in court.
- Agreeing to terms you do not understand. Read every document carefully. Ask a lawyer to review any agreement before you sign it.
- Ignoring court papers. If you are served with divorce papers and do not respond within 30 days, the court may grant your spouse everything they asked for.
Frequently Asked Questions
How long does a divorce take in Minnesota? If both spouses agree on everything, a simple divorce can be done in about 6 to 8 weeks. If there are disputes, it can take 6 months to over a year.
Do I need a lawyer? You are not required to have a lawyer, and many people with simple, uncontested divorces handle them on their own using court self-help forms. However, if you have children, significant assets, or disagreements, a lawyer is strongly recommended.
What if I cannot find my spouse? If you cannot locate your spouse after a reasonable search, you can ask the court for permission to serve by alternative means, such as publishing a notice in a newspaper ( Minn. Stat. § 518.11 ).
How is property divided? Minnesota uses “equitable distribution.” The court divides marital property (property acquired during the marriage) fairly. Property you owned before the marriage or received as a gift or inheritance is generally considered nonmarital property and stays with you ( Minn. Stat. § 518.003 ).
What about the house? The court may order the house sold and the proceeds split, allow one spouse to buy out the other, or award the house to one spouse (especially if children are involved).
Can I change my name back? Yes. You can request a name restoration as part of the divorce decree. There is no extra fee.