When spouses cannot agree on important terms of a divorce—such as how to divide property, custody of children, or financial support—the case becomes a contested divorce. In Minnesota, a contested divorce means the court must intervene to resolve the disputes.
Below is a clear, step-by-step explanation of how contested divorces work in Minnesota and what you should expect if you’re in this position.
How does a contested divorce differ from an uncontested divorce?
- Uncontested divorce: Both spouses agree on all terms—property division, custody, support, and so on—and ask the court to approve their agreement.
- Contested divorce: There is disagreement on one or more major issues, so the court must decide.
Disagreement might be over any combination of: property, debts, spousal maintenance (alimony), child custody or parenting time, child support, or valuation of assets.
In Minnesota, most divorces that are initially contested eventually resolve through settlement or negotiation—full trials occur less often.
Legal basis and initial filings
- Residency and no-fault ground
One spouse must have lived in Minnesota at least 180 days before filing. (Minnesota law requires this for dissolution of marriage) (Minnesota Courts)
Minnesota is a no-fault divorce state: you do not need to allege fault or wrongdoing. The standard ground is that the marriage has an irretrievable breakdown. (Minnesota Courts) - Petition / Summons
The spouse seeking the divorce (the “petitioner”) files a Summons and Petition for Dissolution of Marriage with the district court in the county where either spouse lives. - Service & Response
The other spouse (the “respondent”) must be officially served with the divorce paperwork. They have 30 days (in most counties) to file a response (answer) in writing.
If the respondent does not respond in time, the petitioner may seek a default judgment—but many contested divorces involve a response and real disagreement.
Key stages of a contested divorce
Contested divorces typically move through several phases.
| Phase | What Happens | Purpose / Focus |
| Case Management / Initial Conference | The court may schedule a meeting (sometimes called an Initial Case Management Conference) to set deadlines and encourage settlement. | Organize the case, identify disputed issues, possibly refer to mediation or Alternative Dispute Resolution (ADR). |
| Temporary Orders / Motions | Either spouse may ask the court for temporary orders while the divorce is pending—such as for child custody, child support, spousal support, or who lives in the home. | Provide stability and protection during the divorce process. |
| Discovery | Exchange of information: financial statements, asset inventories, debt records, tax returns, appraisals, communications, etc. | Ensure each side has full transparency to argue for proper legal outcomes. |
| Alternative Dispute Resolution (ADR) / Settlement Efforts | Processes like mediation or Early Neutral Evaluation (ENE) may be used to resolve issues outside of trial. | Try to reach agreement on some or all issues, reducing time and cost. |
| Pre-Trial / Motions | If issues remain unresolved, parties file motions, pre-trial briefs, and possibly attend hearings on specific contested issues. | Narrow the issues, argue disputes, and prepare for trial. |
| Trial | For issues still in dispute, the case is presented before a judge. Both sides offer evidence, witnesses, and arguments. | The judge makes final decisions on contested topics. |
| Judgment & Decree | Once the judge resolves all contested issues, a final Judgment and Decree of Dissolution is issued. It becomes binding and enforceable. | The marriage is legally dissolved, and terms of custody, support, and property are set. |
After the trial, parties often have 60 days to appeal matters if they believe legal errors were made.
Why contested divorces take longer
- Disputes over complex assets or business interests require valuation and forensic accounting.
- Custody or child-related issues tend to be emotionally charged and harder to resolve by negotiation.
- Courts often require mediation or evaluation before trial, which adds steps.
- The court’s schedule, backlog, and delays in discovery can extend the timeline.
- Each motion, hearing, or negotiation adds procedural time.
Typical contested divorces in Minnesota can last several months or more than a year, depending on issues and cooperation.
What issues are commonly contested?
Here are some of the most frequent areas of disagreement in contested Minnesota divorces:
- Division of marital property and retirement assets
- Valuation of businesses, real estate, and debts
- Custody, parenting time, and decision-making for children
- Child support and allocation of child-related expenses
- Spousal maintenance (alimony)
- Which party gets to keep the marital home or who moves out first
- Temporary support or orders during the divorce process
What should you do if your divorce is contested?
- Hire an experienced Minnesota family law attorney—you’ll need representation during negotiations, in court motions, and possibly at trial.
- Organize your financial records early: income, bank statements, asset lists, debts
- Be realistic and open to settlement—full trials are expensive, uncertain, and risk-laden
- Engage in ADR or mediation if offered—resolving issues before trial can save time and costs
- Focus on facts, not emotions—in litigation, courts rely on evidence more than feelings