If you're ready to start your Minnesota divorce, gather your documents and download the necessary divorce papers from your county's website today.
Get your divorce papersWhat Divorce Papers needs to be valid in Minnesota
- You or your spouse must have lived in Minnesota for at least 180 days before filing.
- You must have a legal ground for divorce, such as irretrievable breakdown of the marriage (the most common) or living separate and apart for 180 days.
- If you have children, you must complete a parenting education class (unless exempted).
- You must provide your spouse's full name and address for service of process.
- You need to gather financial documents, including income, expenses, assets, and debts.
- Both spouses may need to sign certain forms, depending on whether the divorce is contested or uncontested.
How to set up a Divorce Papers in Minnesota
- Find the correct Minnesota divorce forms for your county. Start by visiting your county's district court website or the Minnesota Judicial Branch's self-help center.
- Fill out the required forms, including the Summons and Petition for Dissolution of Marriage. Be sure to provide accurate information about your marriage, children, and property.
- Sign the forms in front of a notary public. Minnesota requires notarization for the Summons and Petition.
- File the forms with the court administrator in the county where either you or your spouse lives. You'll pay a filing fee, typically between $350 and $400.
- Arrange for service of process on your spouse. You can have a sheriff or a private process server deliver the papers, or your spouse may sign a waiver of service.
- Wait for your spouse's response. If they agree to the terms, you can proceed with an uncontested divorce. If not, your case will go to hearing or trial.
How much it costs
In Minnesota, the filing fee for a divorce petition is generally around $350, but it can be higher in some counties. Additional costs may include fees for service of process, notary fees, and possibly attorney fees if you hire a lawyer. If you cannot afford the fee, you may request a fee waiver using the IFP (in forma pauperis) application.
Before You Begin: MN Divorce Filing Checklist
Gather these essentials and understand key Minnesota rules before you start your divorce paperwork to save time and avoid delays.
- Check the 180-day residency requirement: you or your spouse must have lived in Minnesota for at least 180 days before filing.
- Decide on grounds: Minnesota is a no-fault divorce state; using 'irretrievable breakdown' avoids proving fault.
- Have ready: your marriage certificate, information about income, expenses, assets, debts, and details about minor children if any.
- Determine if you qualify for an expedited process: uncontested divorces (no children or simple property) may use shorter forms.
- Remember notarization: some divorce forms require signatures to be notarized; do not sign before a notary unless instructed.
- File in the correct county: in the district court of the county where either you or your spouse resides.
Questions people ask
Do I need a lawyer to file for divorce in Minnesota?
No, you can file for divorce without a lawyer. Many couples choose to represent themselves, especially in uncontested cases. However, if your divorce involves complex issues like property division or child custody, consulting a lawyer may be wise.
How long does it take to get a divorce in Minnesota?
Minnesota has a mandatory 30-day waiting period after filing before a judge can sign the divorce decree. However, the entire process often takes longer—sometimes 3 to 6 months—depending on whether the divorce is contested or uncontested and the court's schedule.
What is an uncontested divorce in Minnesota?
An uncontested divorce occurs when both spouses agree on all issues—such as property division, child custody, and support. This can make the process faster and less expensive. You can often use simplified forms and skip a hearing.
Are the divorce papers the same in every Minnesota county?
The forms are largely standardized by the Minnesota Judicial Branch, but some counties may have local requirements or additional forms. It's always best to check with your county's court administrator to ensure you're filing correctly.