Introduction
Divorce is rarely simple. Whether the separation is amicable or contested, the legal requirements and emotional strain can feel overwhelming. In Minnesota, the divorce process follows specific legal procedures, timelines, and document requirements that every spouse should understand before initiating the process.
This guide breaks down the forms you’ll need, the step-by-step filing process, and what to expect in terms of timelines and outcomes.
If you want experienced legal support to guide you through the complexities of divorce, the team at Martine Law is here to help.
Is Minnesota a No-Fault Divorce State?
Yes. Minnesota is a no-fault divorce state, which means you do not need to prove adultery, abuse, or any wrongdoing to get divorced. The only requirement is that one spouse must assert the marriage is “irretrievably broken.”
This simplifies the process, allowing courts to focus on division of assets, custody, support, and other logistics instead of blame.
Who Can File for Divorce in Minnesota?
To file for divorce in Minnesota, at least one spouse must:
- Have lived in Minnesota for at least 180 days before filing, or
- Be a member of the armed forces stationed in Minnesota for the same time period
You’ll file the divorce in the county where either spouse resides.
For more detailed residency information, visit the Minnesota Judicial Branch.
Step 1: Prepare and File the Divorce Forms
The first formal step in a Minnesota divorce is completing and filing the appropriate forms.
Required Forms (for a Dissolution of Marriage Without Children):
- Summons
- Petition for Dissolution of Marriage
- Confidential Information Form
- Certificate of Representation and Parties
Additional Forms (if you have children):
- Parenting Plan
- Child Support Worksheet
- Financial Affidavits
You can find downloadable versions of these forms on the Minnesota Court Forms Portal.
After completing the forms, file them with the District Court Clerk in your county and pay the filing fee (approximately $365, although it may vary by county). If you can’t afford the fee, you can file a Fee Waiver (IFP form).
Step 2: Serve the Divorce Papers
Once the paperwork is filed, you are legally required to serve your spouse with a copy of the documents.
- Service must be done by someone 18 or older who is not a party to the case
- Personal service (hand delivery) is preferred
- You’ll need to file an Affidavit of Service with the court afterward
Serving your spouse is crucial — the court won’t move forward until this step is completed.
Step 3: Response From the Other Spouse
The spouse who receives the divorce papers (the “Respondent”) has 30 days to respond.
- If they agree with the divorce terms, the case may proceed as an uncontested divorce
- If they disagree, they can file an Answer and Counterpetition, which turns the case into a contested divorce
A contested divorce can involve additional court hearings, mediation, or even a trial.
Step 4: Temporary Orders (If Needed)
Divorce cases may take months to resolve. In the meantime, either spouse can request temporary relief for issues like:
- Who stays in the family home
- Temporary child custody and parenting time
- Temporary spousal maintenance
- Child support payments
A judge can issue a Temporary Order to establish rules until the divorce is finalized.
Temporary hearings are typically scheduled within a few weeks after the request.
Step 5: Discovery Process
If your divorce is contested, both sides may engage in discovery, which is the exchange of financial documents and other relevant information.
This phase includes:
- Interrogatories (written questions)
- Document production (bank statements, tax returns)
- Depositions (sworn out-of-court testimony)
Discovery helps the court determine how to divide property, set child support, or determine spousal maintenance.
Step 6: Settlement or Trial
Settlement
Most Minnesota divorce cases are resolved outside of court through negotiation or mediation. A Marital Termination Agreement (MTA) may be signed and submitted to the judge for approval.
This method is less stressful, faster, and less expensive.
Trial
If you and your spouse cannot agree, the court schedules a trial, where a judge will decide:
- Property division
- Parenting arrangements
- Child support and spousal maintenance
Trials can take months to prepare and require testimony from both parties and sometimes expert witnesses.
Step 7: Final Decree
Once everything is resolved, the court issues a Judgment and Decree of Dissolution of Marriage, which officially ends your marriage.
This final order includes all agreed-upon or court-decided terms regarding property, children, and finances.
Once signed by a judge, the decree is binding and enforceable by law.
Typical Divorce Timeline in Minnesota
| Stage | Estimated Time |
| File and Serve Divorce | 1–2 weeks |
| Response Time (from other spouse) | 30 days |
| Temporary Order Hearing (optional) | 2–4 weeks after filing motion |
| Discovery and Negotiation | 1–4 months |
| Final Hearing or Trial | 4–12 months |
| Divorce Finalized | ~6–12 months total |
Uncontested divorces can take just a few months, while contested cases may take a year or more.
Why Work with a Divorce Lawyer?
Divorce involves not just legal paperwork, but deeply personal matters like your children, your home, and your finances. Having an experienced attorney ensures:
- All legal forms are correctly completed
- Your rights are protected during negotiations
- You don’t agree to unfair terms out of confusion or pressure
- Custody and support issues are handled in the child’s best interests
At Martine Law, we guide you through each phase with clarity and support so you can move forward with confidence. Contact us for a personalized consultation.
Final Thoughts
Filing for divorce in Minnesota is a process filled with legal requirements and emotional decisions. Whether you’re filing on your own or responding to a petition, understanding each step—from filing the right forms to attending court hearings—can make the experience less daunting.
With the right support and preparation, you can make informed decisions that protect your rights, your family, and your future.