Making the decision to end a marriage is never easy. Divorce brings emotional, financial, and legal changes, and if you’re in Minnesota, understanding how the process works can help you make smart, confident decisions from the very beginning.
This guide breaks down everything you need to know before filing for divorce in Minnesota, including residency requirements, what to expect during the process, how property is divided, and how child custody, support, and spousal maintenance are handled.
Whether you’re still deciding or you’re ready to move forward, the experienced Minneapolis divorce attorneys at Martine Law are here to guide you every step of the way.
What Makes Minnesota Divorce Law Unique?
Minnesota is a no-fault divorce state. That means you don’t need to prove your spouse did something wrong (like adultery or abandonment) to file for divorce. It’s enough to state that there has been an irretrievable breakdown of the marriage.
This simplifies the legal process, but it doesn’t mean divorce is without conflict. Issues like child custody, division of assets, and financial support can still be deeply contested.
Step 1: Meet the Residency Requirements
To file for divorce in Minnesota:
- At least one spouse must have lived in the state for a minimum of 180 days before filing.
- You must file in the county where either spouse resides.
If you’re in Minneapolis, your case will typically be filed in Hennepin County District Court.
Step 2: Understanding the Grounds for Divorce
As mentioned, Minnesota only allows no-fault divorce. The only legally acceptable reason is:
“There has been an irretrievable breakdown of the marriage relationship.”
You don’t need to prove wrongdoing or have your spouse’s permission to file.
However, just because fault isn’t considered for granting the divorce doesn’t mean behavior is irrelevant. Actions like abuse, hiding assets, or neglecting parenting responsibilities can still impact issues like custody and financial awards.
Step 3: Know What Documents You’ll Need
Filing for divorce in Minnesota requires several key documents. The most common include:
- Summons and Petition for Dissolution of Marriage
- Confidential Information Form
- Financial Affidavit
- Certificate of Representation
- Parenting plan (if minor children are involved)
You can find court-approved forms on the Minnesota Judicial Branch’s website.The paperwork may seem overwhelming, but it’s crucial to complete each form accurately. Mistakes can delay your case, or lead to outcomes you didn’t intend.
At Martine Law, we help clients complete and file every form correctly and on time.
Step 4: Decide if It’s Contested or Uncontested
A divorce can either be:
➤ Uncontested Divorce
Both spouses agree on all major issues: property division, child custody, parenting time, support, etc.
This path is faster, more affordable, and less stressful. It often involves mediation rather than a lengthy trial.
➤ Contested Divorce
One or more major issues are disputed. These divorces take longer, may require hearings, and can involve significant legal costs.
Even if your case starts out contested, that doesn’t mean it has to end up in court. Our Minnesota divorce lawyers are skilled negotiators who often help clients resolve disputes outside the courtroom.
Step 5: Division of Property and Debts
Minnesota follows the rule of equitable distribution, not equal distribution. That means marital property is divided fairly, but not necessarily 50/50.
What Counts as “Marital Property”?
Generally, anything acquired by either spouse during the marriage is marital property, such as:
- Income
- Real estate
- Retirement accounts and pensions
- Vehicles
- Debts
- Business assets (if founded during marriage)
What’s Considered “Non-Marital Property”?
This includes:
- Assets owned before the marriage
- Gifts or inheritances given to one spouse
- Assets protected by a prenuptial agreement
However, if non-marital assets were commingled (e.g., put into a joint account or home), they may be partially considered marital property.
A common source of conflict is when one spouse believes the other is hiding assets or undervaluing them. That’s why our attorneys work with forensic accountants and financial experts when necessary to ensure transparency.
Step 6: Child Custody and Parenting Time
If you and your spouse share children under 18, child custody and parenting time must be addressed before the court finalizes the divorce.
Types of Custody:
- Legal Custody: The right to make important decisions (e.g., medical care, education, religion).
- Physical Custody: Where the child lives and their daily care.
Each type can be granted jointly or solely to one parent.
Courts in Minnesota base custody decisions on what’s in the best interest of the child, considering factors such as:
- The child’s relationship with each parent
- The parents’ willingness to cooperate
- Each parent’s caregiving history
- Any history of abuse or neglect
Full list of factors is available via the Minnesota Revisor of Statutes – § 518.17 (.org)
Minnesota law also encourages shared parenting where feasible. Parents are encouraged to submit a detailed parenting plan, which our team can help you draft.
Step 7: Child Support in Minnesota
Child support is calculated using the Minnesota Child Support Guidelines, based on:
- Each parent’s gross income
- Number of children
- Parenting time (number of overnights)
- Health insurance and childcare costs
Even if parents agree on financial arrangements, the court must review and approve the proposed support terms.
It’s important to note: support is the right of the child, not the parent. That means you can’t waive it unless the court agrees it’s in the child’s best interest.
To estimate potential support payments, the Minnesota Department of Human Services provides a helpful child support calculator.
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Step 8: Spousal Maintenance (Alimony) in Minnesota
In Minnesota, spousal maintenance—commonly referred to as alimony—isn’t automatically granted. One spouse must formally request it, and the court will evaluate whether it’s warranted.
Types of Spousal Maintenance:
- Temporary (Rehabilitative): Given while the recipient gets education, training, or work experience.
- Short-Term: Intended to help a lower-earning spouse transition after the divorce.
- Permanent: Rare, but awarded when the marriage was long-term and the spouse is unlikely to become self-supporting due to age, disability, or other reasons.
Factors Courts Consider:
- The length of the marriage
- Each spouse’s income and future earning potential
- Age and health of both parties
- Contributions to the marriage (including homemaking or supporting a spouse through school)
- Standard of living during the marriage
Spousal maintenance can be one of the most contested issues in high-asset or long-term marriages. Whether you’re seeking support or being asked to pay it, our experienced divorce lawyers in Minneapolis can protect your financial future.
Step 9: Temporary Orders While the Divorce Is Pending
The average divorce in Minnesota takes 6 months to a year, or longer if the case is contested. But life doesn’t stop while you’re waiting for a final judgment.
That’s where temporary orders come in.
You can ask the court to issue temporary orders for:
- Child custody and parenting time
- Child support
- Spousal maintenance
- Use of the marital home
- Division of bills and debts
Temporary orders help establish boundaries and structure during the divorce. If your spouse cuts off access to joint funds, refuses to cooperate with parenting schedules, or leaves you without support, our legal team can quickly file for temporary relief.
Step 10: Mediation & Alternative Dispute Resolution (ADR)
The state of Minnesota encourages divorcing spouses to resolve their disputes through mediation before going to trial. In many counties, early neutral evaluations (ENE) are also available.
Benefits of Mediation:
- Confidential and less adversarial than court
- Usually faster and less expensive
- Allows both parties more control over outcomes
- Preserves working relationships—especially important for co-parents
Mediation is especially effective for couples who can communicate, but still need help with conflict resolution. Even if some issues remain unresolved, mediation often narrows the gap, making litigation easier.
Learn more about mediation and ADR from the Minnesota Judicial Branch’s ADR program.
At Martine Law, we represent clients during mediation sessions to make sure your voice is heard and your rights are protected.
How Long Does Divorce Take in Minnesota?
There’s no one-size-fits-all answer, but most uncontested divorces in Minnesota are finalized in 3–6 months, while contested cases can take 12–18 months or more.
Factors That Impact Timing:
- Whether you and your spouse agree on major issues
- Court scheduling and availability
- Discovery of assets and financial review
- Need for expert witnesses (e.g., real estate appraisers or child psychologists)
We help streamline the process by ensuring every form is correctly filed and every deadline is met. The more prepared and proactive you are, the faster you can move forward.
Divorce Involving Domestic Abuse
If your marriage includes domestic violence, you should take extra precautions when planning your divorce. Abuse can significantly affect decisions around custody, spousal support, and even property division.
You can also seek an Order for Protection (OFP)—a court order that can:
- Remove your abuser from the home
- Grant you temporary custody of children
- Restrict the abuser’s contact with you and your family
Victims of abuse can access help via Minnesota Coalition for Battered Women.
At Martine Law, we take abuse cases seriously. Your safety and your children’s safety are our top priorities.
Do I Need a Lawyer to Get Divorced in Minnesota?
Legally, no. But practically, it’s highly recommended, especially if:
- Children or property are involved
- Your spouse has a lawyer
- You’re unfamiliar with legal paperwork
- You suspect your spouse may be hiding assets
A divorce decree is a binding legal document that can affect your rights, finances, and parenting role for years. Once finalized, reversing or modifying terms is difficult—sometimes impossible.
Our role is to advocate for your best interests, help you avoid costly mistakes, and make sure you come out of the divorce with security and clarity.
FAQs About Divorce in Minnesota
Q1. Can we use the same lawyer for our divorce?
No. Even in uncontested divorces, each party should have separate legal counsel to avoid conflicts of interest.
Q2. How much does divorce cost in Minnesota?
Costs vary widely. Filing fees average around $400–$500, and legal fees depend on whether the case is contested. Mediation can reduce costs significantly.
Q3. Can I get divorced if my spouse doesn’t agree?
Yes. Minnesota is a no-fault state, and your spouse doesn’t need to consent. The court can grant a divorce even if one spouse refuses to participate.
Q4. Will I have to go to court?
Not always. If you and your spouse agree on all terms, your lawyer can submit paperwork for court approval without a hearing. If the case is contested, court appearances will likely be required.
Q5. Do we have to divide everything 50/50?
Not necessarily. Minnesota uses “equitable division,” meaning property is divided fairly, not automatically evenly. What’s fair depends on income, assets, debts, and other factors.
Real-Life Scenario: From Chaos to Clarity
Michelle and Andrew (names changed for privacy) had been married for 12 years, owned a house together in Hennepin County, and had two young children.
Michelle reached out to Martine Law when Andrew filed for divorce and sought full custody.
Our legal team:
- Helped Michelle draft a strong parenting plan showing her involvement in the children’s schooling and care
- Used financial documentation to show Andrew had misrepresented assets
- Negotiated shared custody and fair asset division through mediation
Within 6 months, Michelle and Andrew finalized their divorce without going to trial—and the children now benefit from a structured, cooperative co-parenting relationship.
Every case is unique, but this story shows what’s possible with the right legal guidance and strategic planning.
Why Martine Law?
If you’re facing divorce in Minnesota, don’t go it alone. At Martine Law, we’ve helped hundreds of clients successfully navigate complex and emotional divorces.
Here’s how we stand apart:
- Quick & Confidential consultations
- Personalized strategy for your goals
- Spanish support available
- Aggressive courtroom advocacy, if needed
- Support for custody, spousal support, and complex property division
Whether your case is amicable or adversarial, we work to minimize stress and maximize your long-term outcome.
📞 Schedule your consultation with Martine Law today — we’re ready to help you take back control of your future.