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Martine Law PLLC | Updated October 23, 2026
To file for divorce in Minnesota, at least one spouse must meet the 180 day residency or domicile rule, and you file a petition for dissolution in the district court of the county where either spouse lives. If you file alone, the case starts when your spouse is personally served with the summons and petition, or signs an admission or waiver of service, and your spouse then ordinarily has 30 days to answer. If you and your spouse agree on everything, you can file a joint petition and skip the summons.
Below is the filing process in order, with the official court forms and the statutes behind each step.
The steps at a glance:
- Confirm that one spouse meets the 180 day residency, military, or domicile rule
- Pick the county where either spouse lives
- Choose the right form: joint petition, petition, or summary dissolution
- Complete the petition and sign it as a verified document
- File it with the district court and pay the court fee or ask for a fee waiver
- Serve your spouse, unless you filed a joint petition
- Wait for the answer, or move toward a default if none comes
- Ask for temporary orders if you need decisions while the case is pending
Can you file for divorce in Minnesota?
Check residency first. A Minnesota court cannot grant a divorce unless, for at least 180 days immediately before the case starts, one spouse has lived in Minnesota, has been a member of the armed services stationed in Minnesota, or has been domiciled in Minnesota. There is a narrow exception for certain nonresident couples who married in Minnesota and cannot get a divorce where they live because of the sex or sexual orientation of the spouses.
Source: Minnesota Statutes 518.07, residence of parties
You also need a ground for divorce, and Minnesota has only one: an irretrievable breakdown of the marriage relationship. You do not have to prove fault.
Source: Minnesota Statutes 518.06, grounds
If your spouse lives in another state, read can you get a divorce in Minnesota if your spouse lives in another state. For the full residency rules, see residency requirements for divorce in Minnesota.
Which county do you file in?
You file in the county where either spouse lives. If neither spouse lives in Minnesota and the case is based on domicile, you file where either spouse is domiciled. If neither spouse lives or is domiciled in Minnesota and the case is based on a service member stationed here for at least 180 days, you file where the service member is stationed. The court can move the case for the convenience of the parties or if a fair hearing is not possible in the original county.
Source: Minnesota Statutes 518.09, venue
Which divorce forms do you need in Minnesota?
The Minnesota Judicial Branch publishes the official forms. The choice depends on whether you and your spouse agree at the start and whether you have children:
- Joint Petition, with or without children: for spouses who agree on all terms when they file. No summons is required with a joint petition.
- Petition for Divorce, with or without children: for when you do not agree, or your spouse will not sign.
- Joint Petition for Summary Dissolution: a streamlined option for a narrow group of couples.
Official source: Minnesota Judicial Branch, forms to start a divorce
Source: Minnesota Statutes 518.09, joint petition
The court also offers Minnesota Guide & File, an online interview that helps you choose the right type of divorce and complete the forms. The court states that electronic filing through Guide & File is available for those filing a joint divorce.
Official source: Minnesota Judicial Branch, divorce forms and Guide & File
Who qualifies for summary dissolution?
All of these must be true:
- No living minor children have been born to or adopted by the spouses before or during the marriage, unless someone other than the spouse has been adjudicated the father
- The spouse is not pregnant
- You have been married fewer than eight years as of the date you file the joint declaration
- Neither spouse owns any real estate
- Unpaid debts incurred during the marriage are no more than $8,000, not counting car loans
- The total fair market value of marital assets is no more than $25,000, including net equity in cars
- Neither spouse has more than $25,000 in nonmarital assets
- Neither spouse has been a victim of domestic abuse by the other
Both spouses sign a sworn joint declaration, with notarized signatures. If you qualify and meet the procedural steps, the court administrator enters the decree 30 days after the joint declaration is filed.
Source: Minnesota Statutes 518.195, summary dissolution
What has to be in the divorce petition?
The statute lists what every petition must state, including:
- Your name, address, and any prior names, and your spouse’s name and, if known, address and prior names
- The place and date of the marriage
- The residency or domicile basis for filing in Minnesota
- The name, age, and date of birth of each minor or dependent child, and any child expected
- Whether another divorce, separation, or custody case is pending anywhere
- That the marriage is irretrievably broken
- Whether you are asking for maintenance, child support, custody, property, or an award of fees and costs, without stating amounts
- Whether an order for protection is in effect
The petition must be verified, and its allegations must be established by competent evidence. When child support or spousal maintenance will be addressed, the petition must come with a separate document listing both spouses’ Social Security numbers, which is kept out of the public file.
Source: Minnesota Statutes 518.10, requisites of petition
Verification does not require a notary unless a court rule says so. Signing directly below a declaration that everything stated is true and correct under penalty of perjury, and noting the date and the county and state where you signed, counts as verification upon oath.
Source: Minnesota Statutes 358.116, court documents
Gather your financial records before you draft. See what to do before filing for divorce in Minnesota.
How do you file the papers with the court?
You file the forms with the district court in the county where one of the spouses lives.
Official source: Minnesota Judicial Branch, forms to start a divorce
Attorneys must file electronically through the court’s E-Filing System. A self-represented spouse can file on paper or elect to use the E-Filing System. Filing does not replace service: in a case one spouse brings alone, the case still starts with service on the other spouse.
Source: Minnesota General Rules of Practice, Rule 14.01, e-filing and e-service
How much does it cost to file for divorce in Minnesota?
Court filing fees are set by state statute and published by the Minnesota Judicial Branch. As of October 2026, the court’s district court fee schedule lists the fee for a dissolution of marriage, with or without children, at $390, and notes that counties may add a law library fee on top. Check the official page for your county’s total before you file, because fees can change.
Official source: Minnesota Judicial Branch, district court fees
The responding spouse also pays a court filing fee when filing that spouse’s first paper in the case.
Source: Minnesota Statutes 357.021, subdivision 2, court fees
If you have a low income and cannot afford the fee, you can ask the court to waive all or part of it by filing the fee waiver forms with your papers.
Official source: Minnesota Judicial Branch, fee waiver (IFP)
How do you serve divorce papers in Minnesota?
A divorce filed by one spouse is commenced by service of the summons and petition on the other spouse, not by filing alone. Unless both spouses bring the case together, copies of the summons and petition must be served on the respondent personally.
Source: Minnesota Statutes 518.09, commencement
Source: Minnesota Statutes 518.11, service
The court rules list the ways a family case can be commenced:
- Personal service of the summons and petition on your spouse
- Admission or waiver of service, when your spouse signs an admission of service or waives service under Minnesota Rule of Civil Procedure 4.05
- Alternate means authorized by statute
- Publication, only with a court order
- Joint petition, which is commenced when both spouses have signed the verified petition
Source: Minnesota General Rules of Practice, Rule 302.01, commencement
Unless the court orders otherwise, the sheriff or any other person at least 18 years old who is not a party to the case may serve the papers. You cannot serve them yourself.
Source: Minnesota Rules of Civil Procedure, Rule 4.02, by whom served
If personal service cannot be made, you can ask the court for alternate service. The application must describe your spouse’s last known location and employer, your recent contacts, relatives or others likely to know where your spouse is, and your efforts to find your spouse. The court orders service by first-class mail, forwarding address requested, to any address where the papers are reasonably likely to reach your spouse, or to the last known address. If you are asking the court to decide Minnesota real estate, the court also orders the summons, with the property’s legal description, published in the county where the property sits. The court may order other publication only if it might reasonably succeed in notifying your spouse. Service is complete 21 days after the mailing or court-ordered publication.
Source: Minnesota Statutes 518.11, alternate service
If your spouse is avoiding the process, read can I get divorced without my spouse’s signature in Minnesota.
What happens once the papers are served?
Service of the summons triggers automatic restraining provisions for both spouses. Neither spouse may dispose of assets except for the necessities of life, the necessary generation of income or preservation of assets, a written agreement, or retaining a lawyer to carry on or contest the divorce. Neither may harass the other. All insurance must stay in place with no change in coverage or beneficiaries. These rules stay in effect until the court changes them or the case is dismissed, unless more than one year has passed since the last document was filed with the court.
In a contested case involving custody or parenting time, the summons notice tells parents they must begin a parent education program within 30 days after the first filing with the court.
Source: Minnesota Statutes 518.091, summons and restraining provisions
If you need decisions on custody, support, maintenance, or who stays in the house while the case is pending, either spouse can move for temporary orders. A temporary order cannot exclude a spouse from the family home unless the court finds harm is likely or exclusion is reasonable in the circumstances.
Source: Minnesota Statutes 518.131, temporary orders
See temporary orders in a Minnesota divorce.
How long does your spouse have to respond?
The respondent ordinarily has 30 days to answer the petition. If service was by publication, the 30 days does not start until the publication period ends.
Source: Minnesota Statutes 518.12, time for answering
If your spouse instead receives a written request to waive service and returns a signed waiver on time, before being served, the answer is not due until 60 days after the request was sent, or 90 days if it was sent outside the United States. A waiver of service does not waive objections to jurisdiction or venue.
Source: Minnesota Rules of Civil Procedure, Rule 4.05, waiving service
The court’s response forms are an Answer and Counter-petition, with or without children, or a Stipulated Findings of Fact and Decree if the responding spouse agrees with the petition. The court warns that a default judgment may be entered against a spouse who does not respond.
Official source: Minnesota Judicial Branch, forms to respond to a divorce
If the respondent does not appear after proper service, the court may hear the case as a default. When there are no minor children, a default decree can be submitted for approval without a hearing once at least 20 days have passed after the time to answer expired.
Source: Minnesota Statutes 518.13, default and approval without hearing
Questions people ask
Can you file for divorce online in Minnesota?
Yes, in some situations. Minnesota Guide & File walks you through the forms online, and the court states that electronic filing through Guide & File is available for a joint divorce. Separately, a self-represented spouse may elect to file documents through the court’s E-Filing System, and attorneys must e-file. Filing online does not change the service requirements. See can you file for divorce online in Minnesota.
Official source: Minnesota Judicial Branch, divorce forms and Minnesota General Rules of Practice, Rule 14.01
Do both spouses have to sign the divorce papers?
No. A joint petition needs both signatures, but one spouse can file a petition alone and have the other personally served. If the other spouse never responds, the case can proceed by default.
Source: Minnesota Statutes 518.13
How long does a Minnesota divorce take after filing?
It depends on whether you agree and how busy your county is. The court itself notes it can take several months before a divorce is final. See how long a divorce takes in Minnesota.
Official source: Minnesota Judicial Branch, divorce forms
Does it matter who files first?
The filing spouse picks the timing and serves first, which also starts the automatic restraining provisions. The legal standards for property, custody, and support are the same either way.
Source: Minnesota Statutes 518.091
See does it matter who files for divorce first.
Who can serve divorce papers in Minnesota?
The sheriff or any other person at least 18 years old who is not a party to the case, unless the court orders otherwise. Your spouse can also sign an admission of service or waive service.
Source: Minnesota Rules of Civil Procedure, Rule 4.02 and Source: Minnesota General Rules of Practice, Rule 302.01
When is the divorce final?
When the decree is entered by the court, subject to the right of appeal. Filing the papers or signing an agreement does not end the marriage on its own.
Source: Minnesota Statutes 518.145, subdivision 1
Where can I get help with the forms?
The Minnesota Judicial Branch runs Self-Help Centers for people handling court forms and procedure, with locations listed on its site.
Official source: Minnesota Judicial Branch, Self-Help Centers
For the full picture of how a Minnesota divorce works, see our guide to Minnesota divorce laws.
Talk with Martine Law before you file
The petition sets the frame for everything that follows: what you ask for, what is in the record, and how fast the case moves. Martine Law prepares and files Minnesota divorce cases and handles the custody issues that come with them.
Contact Martine Law PLLC or call 612-482-9475. Tell us which county you or your spouse lives in and whether either of you has been served.
This article provides general information about filing for divorce in Minnesota and is not legal advice for any specific situation.
