How do I file for divorce in Minnesota?
Minnesota divorce is called 'dissolution of marriage' under Minn. Stat. Chapter 518.
1. Residency Requirements — One spouse must have been a Minnesota resident or stationed in Minnesota for 180 days before filing.
2. No-Fault Ground — Minnesota recognizes only one ground: irretrievable breakdown of the marriage. The court must find no reasonable prospect of reconciliation. Fault evidence is not admissible (Minn. Stat. § 518.06).
3. Required Forms — Petition for Dissolution of Marriage (with or without children), Summons, Confidential Information Form, Financial Affidavit (Form 11.2), and (if children) a Parenting Plan and Child Support Calculation Worksheets.
4. Filing Fee — Approximately $400. In Forma Pauperis applications available for indigent filers.
5. Service of Process — Personal service by anyone over 18 who is not a party. Respondent has 30 days to file an Answer.
6. Waiting Period — Minnesota does not have a statutory waiting period, but Initial Case Management Conferences are typically scheduled within 60 days, and uncontested decrees often enter 30–60 days post-service.
7. Property Division — Minnesota is an equitable distribution state with a presumption that marital property and debts should be divided equitably, often equally. Courts consider 8 factors including contributions, length of marriage, age, and health.
8. Summary Dissolution — Available for short-term marriages with no children, limited assets, and no real property.
9. Final Judgment — A Judgment and Decree signed by the district court ends the marriage.
This is legal information, not legal advice.
- Contested custody disputes
- Significant assets or business interests
- Domestic violence concerns
- Minn. Stat. § 518.06
- Minn. Stat. § 518.07
- Minn. Stat. § 518.58
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.