Divorce in Minnesota
Considering a divorce in Minnesota? You’re not alone. Thousands of Minnesotans file for divorce every year, taking steps toward a new beginning. While divorce can feel stressful and uncertain, Minnesota law provides a clear, fair, and no-fault process designed to help couples end their marriages respectfully and equitably.
Minnesota calls divorce a “Dissolution of Marriage.” The law doesn’t require proving wrongdoing — just that there’s been an irretrievable breakdown of the marriage, meaning there’s no reasonable chance of reconciliation. Whether you and your spouse agree on everything or face disagreements about property, custody, or support, the state’s legal process ensures that both sides have a chance to be heard and treated fairly.
Do I Need My Spouse’s Permission to File?
No. You can file for divorce in Minnesota even if your spouse doesn’t agree or refuses to participate. Once served, they have 30 days to respond — and if they don’t, you can request a default judgment to finalize the divorce without their involvement.
How Long Does a Minnesota Divorce Take?
The timeline depends on your situation. Uncontested divorces where both spouses agree on all terms can be finalized in a few weeks to a few months. Contested cases that involve disputes over finances, custody, or property may take six months to two years.
Minnesota has no mandatory separation period, but at least one spouse must have lived in the state for 180 days (six months) before filing.
I Just Moved to Minnesota. Can I File Right Away?
Not yet. You or your spouse must meet the 180-day residency requirement before filing for divorce in Minnesota. Once that’s met, you can file in the district court of your county of residence.
Legal Process in Minnesota
Step 1: Start the Case
File a Petition for Dissolution of Marriage with the district court and pay the filing fee (about $400).
Step 2: Notify Your Spouse
Serve your spouse with divorce papers through a third party or the sheriff’s office, and file an Affidavit of Service to confirm delivery.
Step 3: Financial Disclosures
Both spouses must provide full financial information — including assets, debts, income, and expenses — to ensure fair property and support decisions.
Step 4: Settle or Go to Court
If you and your spouse agree on all terms, submit a Joint Petition or Stipulation for court approval. If not, the case proceeds through mediation, hearings, or trial for a judge to decide.
Step 5: Finalize the Divorce
Once all issues are resolved, the court issues a Judgment and Decree, officially ending your marriage. This document outlines final orders on property, custody, and support.