According to the World Population Review, Minnesota’s divorce rate stands at 10.2 percent, placing the state among those with the lowest divorce rates in the United States. However, divorce can still have a significant impact on individuals and families, affecting emotional well-being, financial stability, and future relationships.
At Martine Law, our dedicated team of family law attorneys understands the challenges that come with divorce. With years of experience guiding clients through the legal process, we are committed to providing compassionate and reliable support every step of the way.
In this blog, our family law attorneys share an overview of the typical Minnesota divorce process, common timeline estimates, and factors that can affect how long your divorce may take.
The Legal Process to Finalize a Divorce in Minnesota
Even if you know divorce is the right decision for your family, the uncertainty around the legal process can add anxiety during an already difficult transition. Knowing what to expect and having a rough timeframe for when your divorce could be finalized can offer some reassurance.
To file for divorce in Minnesota, one spouse (the petitioner) initiates the legal process by preparing the required divorce paperwork, including:
- Summons
- Petition for Dissolution of Marriage
- Other necessary Minnesota divorce forms
Step 1: Filing the Initial Divorce Paperwork
The initial paperwork includes important details such as:
- Marriage date
- Names and ages of children (if applicable)
- Proposals related to child custody, support, and asset division
Once completed, the paperwork is filed with the court, and a filing fee is paid (or a fee waiver is requested, if eligible). The court then issues a Summons, which formally notifies the other spouse of the divorce filing.
Step 2: Serving the Divorce Papers on Your Spouse
The next step is legally serving the divorce paperwork to your spouse. This is typically done by a process server, ensuring proper delivery and documentation.
Step 3: Your Spouse’s Response
The other spouse (the respondent) has 30 days to file their response with the court. Their response may include:
- An ‘Answer,’ which addresses each allegation in the Petition
- A ‘Counter-Petition,’ contesting certain terms of the divorce
Step 4: Reaching Agreement via Mediation
Divorce mediation is often the next step if disagreements arise over important issues like:
- Child custody and support
- Division of marital assets
- Spousal support
Mediation provides an opportunity for both parties to negotiate and resolve disputes outside of court.
Step 5: Going to Trial
If you can’t reach an agreement through mediation, the case may proceed to trial. In a trial, attorneys for both spouses present their arguments, and a judge makes final decisions on any unresolved issues.
Step 6: Finalizing the Divorce Decree
Once an agreement is reached—whether through uncontested divorce, settlement, or court rulings—a final divorce decree is submitted to the judge for approval. The divorce is legally finalized after the judge signs the decree and it is filed with the court.
The entire process typically takes:
- 1-2 months for uncontested divorces
- 6 months to 1 year or more for contested divorces, depending on the complexity of the case
This timeline can vary based on factors such as court availability, the extent of disputes, and the responsiveness of both parties. Working with an experienced divorce lawyer can help streamline the process. A reliable lawyer will ensure that all legal requirements are met and protect your rights throughout the proceedings.
Typical Minnesota Divorce Timeline Estimates
While every divorce is different, the following provides general estimates of how long each step of the divorce process takes:
- 1-2 weeks to file initial paperwork – Prepare the Petition, Summons, and other required forms. File them with the court and pay filing fees (or request a fee waiver if eligible).
- 1-2 weeks for serving the papers to the spouse – Arrange for a process server to deliver the divorce papers to your spouse legally. Once served, your spouse has 30 days to respond.
- 30 days for a spouse to respond – Your spouse has one month to file an Answer or Counter-Petition in response to the divorce filing.
- 1-3 months for uncontested negotiations – For uncontested divorces, settlement negotiations often occur within 1-3 months through attorney correspondence or mediation sessions.
- 3-6 months for mediated settlement – For contested divorces, resolving disputes through divorce mediation can take at least 3-6 months, depending on the complexity of the issues.
- 6+ months if trial is required – If mediation fails, a divorce trial will significantly extend the timeline, often adding 6 months or more, especially in complex cases.
- 1-2 months to finalize the divorce decree – Once an agreement is reached, allow 1-2 months for finalizing paperwork and obtaining a judge’s approval and signature on the final divorce decree.
Understanding these timelines can help you prepare for the road ahead. While every case is different, working with a divorce lawyer is crucial to ensure you follow the correct timeline, meet all legal requirements, and avoid unnecessary delays that could prolong the process.
Factors That Impact How Long Divorce Takes in Minnesota
Several factors can influence how quickly or slowly your divorce proceedings move forward. Key elements that may affect the timeline include:
- Contested vs. uncontested: Disputed cases take significantly longer.
- Assets and debts: Dividing complex assets or debts requires appraisals, documentation, and negotiations.
- Child custody disputes: Cases may involve home studies or input from a guardian ad litem.
- Hidden finances: Delayed financial disclosure can prolong the process.
- Temporary motions: Requests for court orders (e.g., child support) add extra steps.
- Court backlog: High case volumes in some Minnesota courts may delay hearings.
- Attorney responsiveness: Prompt completion of paperwork and correspondence speeds up the process.
- Unpredictable events: Life changes like job loss or illness can stall proceedings.
While these factors can create delays, working with a knowledgeable and reliable divorce attorney in Minnesota can help navigate challenges, address disputes efficiently, and keep the process moving forward.
Contact Our Divorce Attorneys at Martine Law Today
No matter the challenges that arise during your divorce, a skilled Minnesota divorce lawyer can provide the guidance you need to navigate the legal process confidently.
At Martine Law, our divorce attorneys are committed to helping you understand your options under Minnesota divorce laws and ensuring your rights are fully protected. Contact us today at (612) 979–1305 to schedule an initial consultation and take the first step toward a resolution that supports your future.
