Uncontested Divorce in Minnesota: How Long Does It Take?

Are you considering getting a divorce in Minnesota? If you and your spouse can agree on all the terms of your separation, including property division, child custody, and support, you may be able to file for an uncontested divorce.

But how fast can you separate from a spouse in Minnesota through an uncontested divorce?

Our team of family law attorneys at Martine Law will discuss everything you need to know about an uncontested divorce in Minnesota, including the process, requirements, timeline, and cost, in this blog. 

If you need help navigating the complexities of divorce in Minnesota, enlist the help of an experienced Minneapolis family law attorney today.

An uncontested divorce is a type of divorce where both parties agree to all the terms of their separation without having to go to court. In other words, the parties have reached a settlement on all issues, such as property division and spousal maintenance.

While the help, guidance, and legal advice of a divorce attorney is still recommended for these simpler divorce proceedings, an uncontested divorce is often faster, less expensive, and less stressful than a contested divorce.

On the other hand, a contested divorce occurs when the parties cannot agree and must go to court to have a judge decide on the issues at hand.

Minnesota has two types of uncontested divorce: summary dissolution and joint petition.

1. Summary Dissolution

Summary dissolution is a simplified, uncontested divorce process for couples without children and with limited assets. It’s a faster and less expensive option than traditional divorce, but certain requirements must be met. If you meet the criteria below, you can file the court forms and divorce papers with the Minnesota courts for a summary dissolution.

Summary dissolution is only available if:

• There are no minor children, and neither party is pregnant.
• You have been married for eight years or less.
• You don’t own any joint property.
• The marital assets are worth $25,000 or less.
• There has been no domestic violence between the parties.
• Neither person has more than $8,000 in debt, except for automobile loans.
• Neither spouse has $25,000 or more in separate property.

In the case of a summary dissolution, pensions or retirement benefits cannot be split; each spouse keeps their own accounts. Businesses cannot be divided, making this option unsuitable for couples with a shared business.

The judge will not award spousal maintenance in a summary dissolution. Instead, the court “reserves” the issue, allowing a spouse to petition for support later.

2. Joint Petition

A joint petition is another type of uncontested divorce where both spouses agree on all terms, including:

• Property Division
• Spousal Support
• Child Custody

Couples can use the joint petition method even if they have children or larger amounts of assets.

Both types of uncontested divorce are generally faster and less expensive than a contested divorce. A lawyer can help ensure that all legal requirements are met.

Additionally, family lawyers assist in drafting and reviewing agreements and provide guidance to avoid potential issues, making the process smoother and more efficient.

The timeline for an uncontested divorce in Minnesota varies depending on the following:

• Court’s schedule
• The parties’ availability
• How quickly the involved parties can reach an agreement

Generally, the process follows this timeline:

Step 1: Filing

The petitioner must wait at least 30 days after filing the Summons and Petition before scheduling a final hearing. 

Step 2: Agreement

Both spouses must sign a Marital Termination Agreement (MTA) that outlines all the terms of their separation, including: 

• Property Division
• Spousal Maintenance
• Child Support
• Child Custody

Once both spouses have signed the MTA, they must file it with the court and wait at least 30 days before scheduling a final hearing. 

If the respondent does not respond, the divorce will be considered a default. In this case, the unresponsive party forfeits their rights, and the court may grant the divorce without their participation.

Step 3: Final hearing

The final hearing usually takes place within two to three months of filing the MTA.

So, how long does it take to get a divorce in Minnesota? In short, it depends! 

An uncontested divorce, where both spouses agree on the terms, can take several weeks to a few months. If the receiving spouse disagrees with any requested terms, they can file a counterpetition, leading to a series of court appearances. This can extend the process to several months or even years.

A divorce lawyer in Minneapolis, MN, can guide you through each step, ensure all legal requirements are met, and help you reach an agreement efficiently. They can also represent your interests in court and provide tailored legal advice, making the divorce process smoother and less stressful.

To file for an uncontested divorce in Minnesota, you and your spouse must meet certain requirements:

• Residency: At least one spouse must have lived in Minnesota for at least 180 days before filing for divorce (Minn. Stat. § 518.07(1)). You must file and serve the Summons and Petition for Dissolution of Marriage with the district court in the county where one of the spouses lives.
• Agreement between parties: Both spouses must agree to all the terms of their separation, including the splitting of marital assets and property and terms for spousal support or maintenance. Child support and child custody must also be agreed upon if the divorce is not a joint petition type of uncontested divorce.
• No minor children: The couple cannot have any minor children from the marriage if filing for a summary dissolution, and the wife cannot be pregnant if the couple is seeking a joint petition for divorce.
• No domestic violence: If seeking an uncontested divorce, there cannot be any domestic violence issues between the parties.

A divorce lawyer will ensure that you meet all requirements according to Minnesota laws, help you draft and file the necessary documents, and provide guidance throughout the process. An attorney can protect your interests and help you achieve a fair resolution.

The costs of an uncontested divorce in Minnesota include court fees, attorney fees, and any other expenses related to the divorce.

These expenses often include: 

• Appraisal fees
• Parenting classes
• Mediation fees

The total cost depends on the following: 

1. The complexity of the case;
2. The number of issues that need to be resolved; and
3. The attorney’s hourly rate

However, an uncontested divorce is usually less expensive than a contested divorce since the parties do not have to go to court to resolve their issues.

In Minnesota, the court filing fee for a divorce is $365. If the parties have children, they may have to pay additional fees for a parenting class and a child support hearing.

You are not required to have an attorney to get an uncontested divorce in Minnesota; you can represent yourself. However, judges cannot provide legal advice to unrepresented parties, and the court will expect you to follow the law and court rules without assistance.

An uncontested divorce can be a quick, affordable, and low-stress way to separate from a spouse in Minnesota if both parties can agree on all the terms of their separation.

The uncontested divorce process in Minnesota is relatively simple and straightforward, and it can take as little as two to three months from filing to final hearing.

Finding the right divorce lawyer is important. At Martine Law in Minneapolis, we have years of experience helping guide and support our clients through family law matters, and we’ll review your case and help you determine whether an uncontested divorce is the right choice for you.

Contact us today at 612) 979-1305 to get started—we’re available 24/7!