Introduction
Deciding to file for divorce is never easy. Even if both spouses agree the marriage should end, the process can be emotionally and legally complex. In Minnesota, preparing for divorce involves more than just filling out paperwork. You need to take specific legal and financial steps to protect your interests, your assets, and your children.
At Martine Law, we help individuals across Minnesota navigate divorce from start to finish. This legal checklist outlines what you should do before you file, so you can approach the process with clarity and confidence.
1. Understand the Legal Requirements for Divorce in Minnesota
Before filing, make sure you meet the residency requirements. At least one spouse must have lived in Minnesota for 180 days (6 months) before filing.
Minnesota is a no-fault divorce state, meaning you don’t need to prove wrongdoing or misconduct — only that there has been an irretrievable breakdown of the marriage.
✅ Internal Resource: Learn more on our Family Law page
2. Consult with a Divorce Attorney
Even if your divorce is amicable, speaking with a Minnesota divorce attorney can help you:
- Understand your legal rights and options
- Avoid costly mistakes
- Negotiate fair terms for property, custody, and support
- Protect your assets and future
Early legal guidance often results in a smoother, less stressful process. We recommend scheduling a consultation before making any formal decisions.
3. Gather Financial Documentation
Divorce involves dividing assets, debts, and income. Start organizing financial documents, including:
- Bank and credit card statements
- Pay stubs and tax returns (past 2–3 years)
- Mortgage documents and home equity records
- Investment and retirement accounts
- Loan and debt records
- Health insurance policies
- Business financials (if self-employed or owning a business)
This information will help your attorney develop a strategy and provide required disclosures during the divorce process.
4. Inventory All Marital and Non-Marital Assets
Minnesota follows equitable distribution, which means marital property is divided fairly — not necessarily equally. To ensure fairness, both spouses must fully disclose:
- Marital assets: Property acquired during the marriage
- Non-marital assets: Property acquired before marriage, by inheritance, or as gifts
Make a list of:
- Real estate
- Vehicles
- Jewelry and valuables
- Furniture and electronics
- Business interests
- Inheritances or gifts
Gather supporting documents or appraisals if needed.
5. Review and Protect Credit
Divorce can impact your credit health — especially if you share joint credit cards, loans, or mortgage accounts. Before filing:
- Pull a credit report from all three bureaus (Equifax, Experian, TransUnion)
- Identify all joint accounts
- Freeze or close unnecessary joint accounts
- Consider opening accounts in your name only
If your spouse racks up debt before or during the divorce process, you could be held responsible for part of it. Be proactive to avoid surprises.
6. Plan for Living Arrangements
Will you stay in the marital home or move out? Will both spouses share the home temporarily? Consider:
- Who can afford the mortgage or rent
- Whether children will be affected by relocation
- How moving may affect custody claims
If you have children, courts often consider stability and continuity when determining custody and parenting time. Avoid sudden changes without legal advice.
7. Create a Post-Divorce Budget
Once separated, your financial responsibilities will change. Before filing:
- List all monthly income sources
- Track necessary expenses: housing, food, transportation, childcare, insurance
- Anticipate legal fees and court costs
This budget will guide decisions around spousal support, child support, and living arrangements. You can also discuss options like temporary spousal maintenance with your attorney.
8. Consider Custody and Parenting Time
If children are involved, start thinking about custody preferences. Minnesota courts prioritize the best interests of the child, and custody includes:
- Legal custody: Decision-making rights
- Physical custody: Where the child lives
- Parenting time: Visitation schedule for the non-custodial parent
Be prepared to create a parenting plan that outlines how decisions and time will be shared. Courts expect cooperation, so starting this conversation early can reduce conflict later.
9. Avoid Major Financial or Legal Changes
Unless advised by your attorney, avoid:
- Making large purchases or selling property
- Changing beneficiaries on insurance or retirement accounts
- Quitting your job
- Taking on new debt
- Moving children out of state
Doing so may look suspicious and could impact the outcome of your divorce. Be cautious and strategic.
10. Prioritize Your Emotional and Mental Health
Divorce isn’t just a legal process — it’s a deeply personal transition. Don’t neglect your emotional health. Consider:
- Therapy or counseling
- Support groups for divorcing individuals
- Speaking with trusted friends and family
- Journaling to organize your thoughts and feelings
Your well-being matters, and staying emotionally balanced will help you make smarter decisions.
What Happens After Filing?
Once you file, your spouse will be served with divorce papers. If they respond, the process moves forward with disclosures, negotiation, mediation, or litigation.
At Martine Law, we guide clients from the moment they decide to file until the final decree is issued. If your situation involves complex property, children, or disagreements, we can provide the legal strength and clarity you need.
Trusted Legal Resources
- Minnesota Judicial Branch – Divorce Help
- LawHelpMN – Family Law and Divorce
- Minnesota DHS – Child Support
Schedule a Consultation with Martine Law
Every divorce is different. Whether your separation is peaceful or contentious, getting prepared is your first step toward a fair outcome. Contact us today to schedule a consultation and build a smart, proactive plan for your future.