By: Jason Kohlmeyer
Divorce is never easy. Minnesota law aims to make dissolving a marriage as straightforward and humane as possible, but there are still technical requirements people must meet when they decide to end a marriage.
This guide compiles some of my older articles from the past 15 years and updates them with the latest 2026 laws. The focus is really the basics here; I won’t go into details about Child Support or Custody, those can be found elsewhere on the site.
This article explains where and how to file, what fees to expect, how long the process can take, and why Minnesota’s no‑fault rules matter. It also covers the risk of “default” divorce when a spouse fails to respond to a petition, and offers practical advice on when to contact a lawyer.
Pre-Divorce: What You Need to Know
Residency and venue requirements. To start a divorce in Minnesota (formally called a dissolution of marriage), at least one spouse must have lived in the state for six months immediately before filing.
If both spouses reside in Minnesota but live in different counties, either spouse can file in the county where they live. The county in which the case is filed generally does not affect the outcome of the case, but it may affect convenience and scheduling.
Metro-area counties such as Hennepin and Ramsey often use family court referees and may have busier dockets, whereas “outstate” counties like Blue Earth and Olmsted may have shorter wait times and judges familiar with local conditions. The spouse who files first typically chooses the venue.
No waiting period after filing. Unlike some states, Minnesota does not impose a waiting or separation period before filing for divorce. As soon as the residency requirement is satisfied, either spouse may file a petition claiming that the marriage has suffered an irretrievable breakdown .
There have been proposals over the years (see the 2012 law would have required a two‑year separation period for divorces involving children) but they usually just come and go and have never passed into law.
Side note: Minnesota is still a No-Fault state, which means that either party can say I’m done with the marraige, no need to prove anything.
Here is some more info on No-Fault divorces and what that means.
Filing for Divorce in Minnesota
1. Prepare the petition and summons
A divorce begins when one spouse (the petitioner) completes and files a Petition for Dissolution of Marriage. The petition states that the marriage is irretrievably broken and identifies issues such as property division, spousal maintenance, custody and parenting time.
If the parties have already reached an agreement on these issues, the petition may be accompanied by a Stipulation and Marital Termination Agreement, which greatly simplifies the case. The Stip or MTA, as we call out lays out the entire agreement on how to dissolve the marriage, including custody and dividing assets.
Responding to a petition. If you don’t have an MTA, you’ll need to respond to the petition. This is 30 days after a petition and summons have been served. Failing to answer can result in a default judgment where the court grants relief requested by the filing spouse, provided those requests are reasonable. Default divorces aren’t good!
Want to know everything you could ever know about a Default Divorce? Here you go!
2. Decide What County To File
- County where either spouse lives. Minnesota law allows a divorce to be filed in the county where either spouse resides (aka lives). If spouses live in different counties, the petitioner’s choice of county often controls. Fighting over venue is rarely worthwhile because it adds cost and delay, and in most cases, it won’t matter if you are in Fillmore County or Dodge County. However, there is one time this matters….
- Metro vs. non‑metro differences. Metropolitan counties (Hennepin, Ramsey, Anoka, Washington, Carver, and Dakota) have busier courts and sometimes use referees instead of judges. These referees and judges are often specific to the Family Law bench, meaning they only do family law cases.
While in Greater Minnesota, judges here hear all types of cases and may be less inclined to award attorneys’ fees. Unless there is a strategic reason, most couples should file in the county most convenient for them.
3. Pay the filing fee
In Minnesota, filing fees are set by each judicialdistrict. As of July 1 2025, Hennepin County has a fee of $402 for divorce (dissolution) with or without children. The Fifth Judicial District (which includes Blue Earth, Brown, Faribault, and surrounding counties) charges $395.
If you cannot afford the filing fee, Minnesota courts offer a process called in forma pauperis. By completing and submitting fee‑waiver forms, you can request that the court waive the filing fee. Usually, this is allowed if you receive public assistance or earn less than 125 % of the federal poverty guidelines.
4. Serve the other spouse
After filing the petition and paying the fee, the petitioner must serve copies on the other spouse. Service may be made in person by a sheriff or process server, or by mail if the spouse signs an acknowledgment of service. Just note, the party to the case can never serve the other party.
The respondent then has 30 days to file an answer. If the respondent does not respond, the petitioner may seek a default divorce, as discussed below.
5. Exchange financial information
Both parties must provide complete financial disclosures, including income, assets, debts, and expenses. Each county has a different rule for this. This disclosure allows the court (or the parties’ attorneys) to determine fair property division, child support, and spousal maintenance.
If the case is uncontested, these disclosures may be included in the marital termination agreement. In contested cases, discovery tools such as interrogatories, requests for production, and depositions may be used to obtain information.
Do you want to learn about what Exert can do to help in your financial case?
6. Attend mediation or Early Neutral Evaluation (ENE)
Many Minnesota counties require couples to participate in mediation or an Early Neutral Evaluation soon after filing.
The short version of what ENE is: a confidential session with a neutral evaluator who identifies issues and proposes possible resolutions. Successfully resolving disputes at ENE can lead to a faster divorce, while failure to reach an agreement leads to the next phase.
7. Finalize the divorce
If the parties reach a complete settlement, the court may approve the agreement without a hearing, when thereare especially when there are no children. This isn’t automatic, but most judges are amenable to skipping a hearing if there are no children involved.
When children are involved or the judge has questions, a brief hearing may be scheduled. It’s nearly always via Zoom in Minnesota since Covid.
If you don’t have an agreement. In contested cases, the court conducts a trial just like on TV and issues a divorce decree pursuant to Minnesota’s equitable division and custody laws.
Filing Fees and Cost Considerations
Divorce can be expensive. Uncontested divorces are relatively inexpensive because the parties agree on all issues. Hence the name “unconsted.” If you’ve done everything and just need a lawyer to do the paperwork and go to court, a typical price near the Blue Earth County Courthouse would be around $2,500 plus the filing fee of roughly $400.
In contrast, a contested divorce can easily cost $10,000-$30,000 due to litigation, discovery, and expert fees.
TIPS TO CONTROL DIVORCE COSTS
- Work toward an agreement early. If you and your spouse can decide on custody, support, and property division, the case can be resolved more quickly. Anything you can settle yourself is one less thing you’ll have to pay a lawyer to argue about.
- Use a form of ADR (mediation or ENE). A neutral evaluator can help parties settle contested issues by helping your lawyer come up with solutions. Don’t be afraid to try to go to mediation (also, most judges will require you to try some form of ADR).
- Avoid fighting over technical issues like Venu. Disputes over which county should hear the case rarely change the outcome but can increase attorneys’ fees.
- Consider fee waivers. If money is truly an issue, file in forma pauperis request right away.
Minnesota’s No‑Fault Divorce Law
Minnesota follows a no‑fault system for divorce. Neither spouse needs to prove wrongdoing, such as adultery or abandonment. Instead, the court must find that the marriage has suffered an “irretrievable breakdown”. One spouse’s testimony that there is no reasonable prospect of reconciliation is usually sufficient for the Judge to grant the divorce.
Under earlier laws, courts could award a larger share of property or spousal maintenance if one spouse was at fault . Today, courts generally do not consider marital misconduct when dividing assets or awarding maintenance .
There are limited exceptions: if a spouse wastes marital assets (e.g., through gambling) or commits misconduct that reduces the other spouse’s earning capacity, the court may account for this.
Otherwise, the court focuses on factors such as the length of marriage, each spouse’s age and health, their occupations and incomes, and contributions to the marriage .
How Long Does a Divorce Take?
As noted above, Minnesota has no mandatory waiting period; however, the process still takes time due to procedural steps and court scheduling. Important time points to factor in include.:
- Residency requirement: At least one spouse must have lived in Minnesota for 180 days before filing .
- Answer deadline: The respondent has 30 days to file an answer.
- Uncontested cases: When spouses agree on all issues, the divorce can be finalized quickly, sometimes within a few months.
- Contested cases: When parties disagree on custody, support, or property division, the timeline is longer. Sometimes a LOT longer. The average divorce takes 6-12 months. Discovery, custody evaluations, mediation, and trial scheduling all add months to the timeline.
Understanding Default Divorce and Its Risks
A default divorce occurs when the respondent fails to file an answer within 30 days or does not participate in court proceedings. In that situation, the court may grant the divorce and adopt the petitioner’s proposed terms, provided they are reasonable.
However, the petitioner must prove that they made reasonable efforts to notify the respondent; failure to provide proper notice may result in dismissal of the case.
To avoid a default judgment against you, respond to the petition within 30 days and participate in the process. Ignoring the paperwork may result in the court granting your spouse everything they request.
When Should You Contact a Divorce Lawyer?
When to call a lawyer? Well, Divorce is a big decision; it impacts everything you own, your job, you pauycheck, and your children. If those things are important, you probably want to hire a lawyer sooner rather than later.
- You’ve been served divorce papers. In Minnesota, you have 30 days to respond. Failing to respond can result in a default judgment, under which the court grants your spouse the relief sought. .
- You’re seriously considering divorce. Even if you have not filed, talking to a lawyer before anyone files can help you understand your rights regarding custody, property division, and support. A good lawyer will not push you to file; they will provide a roadmap so you can make informed decisions.
- You’re experiencing physical abuse, threats, or financial control. If your spouse threatens you, controls money, refuses to let you see the children, or monitors your communications, call a lawyer immediately. An attorney can help obtain emergency protection orders, temporary custody, and financial help.
Other situations where a consultation may be useful include do‑it‑yourself divorce plans, seeking a second opinion, understanding the financial implications of divorce, being separated but unsure whether to formalize it, or suspecting that your spouse is hiding assets . Talking to a lawyer does not mean you have failed; it means you are gathering information and protecting your future .
Frequently Asked Questions (FAQ)
An uncontested divorce occurs when both spouses agree on all issues, such as property division, child support, and custody. These cases can be resolved quickly and at a lower cost.
A contested divorce arises when spouses disagree on one or more issues; it involves discovery, hearings, and possibly a trial, making it more expensive and time‑consuming
Contested divorces in Minnesota typically take six months to two years, depending on the complexity of issues and the court’s schedule.
Generally no. Minnesota’s no‑fault law means courts do not consider marital misconduct when dividing property or awarding maintenance. Courts may consider waste of marital assets or abuse that reduces the other spouse’s earning capacity
You are not legally required to have a lawyer, but an attorney can help you navigate the process, prepare documents, and protect your interests—especially in default or contested cases
If the respondent fails to answer within 30 days, the petitioner can request a default divorce. The court may grant the divorce and adopt the petitioner’s proposed terms if they are reasonable. Proper notice to the respondent is essential; otherwise, the court may dismiss the case.
No. Minnesota does not impose a waiting or separation period before filing or finalizing a divorce . In uncontested cases, divorces may be finalized within weeks,
As of mid‑2025, counties charge around $390–$402 to file a dissolution of marriage . An additional law‑library fee (about $7–$10) may apply. Fee‑waiver forms are available for those with low incomes
Conclusion
Starting a divorce in Minnesota involves more than filling out forms and paying a fee. You must satisfy the residency requirement, decide where to file, understand the costs, and consider whether your case is uncontested or contested.
Minnesota’s no‑fault system simplifies the process by eliminating the need to prove wrongdoing, but it also places a premium on disclosure, cooperation and fairness. By learning about filing fees, venue, timelines and the risk of default, you can enter the divorce process with realistic expectations.
Finally, remember that contacting a lawyer early, whether you have been served, are considering divorce, or are facing threats, is often the best way to protect yourself and your family.
Jason Kohlmeyer has been a divorce lawyer for over 25 years. This isn’t legal advice, just a discussion of the laws of MN divorces.