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Start your divorce online in Minnesota

Our platform streamlines the divorce process, guiding you to a desired outcome with minimal stress.

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Our platform streamlines the divorce process, guiding you to a desired outcome with minimal stress.

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Why Choose Divorce.com?

Benefits of an online divorce

Divorce.com is a very convenient and ideal service for spouses who have chosen an amicable and uncontested divorce. The good thing about this tool is that it sorts divorce papers based on your case's specifics and helps the applicant fill out the necessary forms.

Within just two business days, you will be able to get documents ready for downloading in your personal account. Our service is completely budget-friendly and saves countless hours of your valuable time.

Benefits of an online divorce

All you need to do is fill out a special questionnaire and using your answers, the system will generate the necessary papers. With Divorce.com, you don't have to adjust to the busy schedule of a divorce lawyer and pay them enormous sums.

Benefits of an online divorce

Minnesota Divorce Forms

The list of forms that spouses need to get a divorce in Minnesota depends on the specifics of the particular case, the presence or absence of children, etc. However, there are initial forms that need to be filed with the court including:

  • Summons
  • Petition for Dissolution without Children
  • Admission of Service
  • Notice to County Support & Collections
  • Answer and Counter Petition without Children
  • Notice of Intent to Proceed to Judgment
  • Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree
  • Affidavit of Default
  • Affidavit of Non-Military Status
  • Stipulated Findings of Fact.

If the couple has children in common, they also need to fill out the following papers:

  • Affidavit of Personal Service — Dissolution with Children
  • Answer and Counter Petition with Children
  • Petition for Divorce with Children.

Moreover, a couple with an uncontested divorce must sign an important document — the Settlement Agreement. In it, the spouses prescribe all the critical points of their divorce, such as child support, property division, alimony, child custody, etc.

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Steps to Consider

Filing for Divorce in Minnesota

Residency Requirements

To divorce in Minnesota, the couple must meet the residency requirements.

  • One of the spouses must have resided in this state or be a member of the armed forces stationed in this state for at least 180 days before filing for divorce.
  • One of the spouses must be a domiciliary of this state for not less than 180 days immediately before filing for divorce.
Grounds for Divorce

Minnesota is a no-fault divorce state (in other words, the court does not require one spouse to blame the other for the divorce), but this does not mean that the judge allows a couple to divorce only if they ask. Instead, the spouses must show the court why a divorce is necessary, even if both parties agree to marriage dissolution.

Ex-partners need to prove that the marriage has ended irrevocably and have no chance of reconciliation, if:

  • The spouses lived separately and apart for at least 180 days;
  • There is a severe marital discord that adversely affects the attitude of one (or both) spouses toward marriage;
  • There is no reasonable prospect of reconciliation.
Initial Filing

In Minnesota, spouses can request a divorce package online (at The Judicial Branch of Minnesota site) from the local court or law library.

If the couple has a Settlement Agreement, they can file a "Joint Petition for Dissolution of Marriage" (with or without children). Filing such a petition in Minnesota simplifies the process and saves money on filing fees. Also, there are separate forms for an even more straightforward divorce process called "Summary Dissolution."

Ex-partners can file online through the e-filing system, send papers by mail to the court, come to court in person and file divorce forms, or use the additional services of Divorce.com for filing documents with the court.

Filing Fees

The petitioner needs to pay a fee to file divorce documents. The basic statewide filing fee is $365, but county district courts add small additional fees. Also, Minnesota couples who use dissolution by joint Petition can split a single filing fee. Finally, they can request a fee waiver if they can't afford to pay the filing fee.

Serving the Respondent

The plaintiff must serve the defendant with copies of all documents they filed with the court. In addition, the claimant must have someone over 18 (friend, family member, or sheriff) serve the divorce forms directly to the respondent for personal service.

Waiting Period

Minnesota does not have a waiting period like many other states. So, the couple can immediately receive a final court decree upon finding an irretrievable breakdown in an uncontested divorce. Also, the order can be appealed.

Finalizing a Divorce Case

If the couple filed a joint divorce petition in Minnesota, they might not have to do anything else to finalize the divorce. First, a judge will review the documents, including the Settlement Agreement. Then, the judge will sign the final divorce decree, and the couple will receive a notice in the mail that their divorce is final.

How to Fill Out Divorce Forms in Minnesota

Filling out forms is considered to be the most stressful stage of the divorce process. Therefore, spouses should be as careful as possible when working with documents, since even the most harmless little mistake can lead to the court not accepting the papers, and spouses will have to fill them out again.

So, when filling out the divorce forms, the couple should follow these rules:

  • Learn the basics of Minnesota family law.
  • Pay attention to unfamiliar legal terms and look for their meaning.
  • Check out the paperwork and detailed instructions on how to fill it out.
  • Collect all of the necessary documents, taking into account the specifics of a particular case.
  • Collect all of the required information to fill out the forms.
  • Discuss all the critical terms of the divorce with the other spouse, in advance, to avoid disagreements, and sign the Settlement Agreement in the case of an uncontested divorce.
  • Fill in the required forms by checking the boxes and specifying the answers where necessary.
  • Re-read the completed papers several times, checking them for typos and errors.
  • After completing and verifying the divorce papers, sign them in blue ink.
  • If ex-partners need assistance selecting and filling out forms, they can always turn to Divorce.com for help. The service generates divorce documents based on the answers to a special questionnaire. The platform also helps spouses fill out the paperwork stress-free and provides a detailed guide for filing in every state, including Minnesota.

If ex-partners need assistance selecting and filling out forms, they can always turn to Divorce.com for help. The service generates divorce documents based on the answers to a special questionnaire. The platform also helps spouses fill out the paperwork stress-free and provides a detailed guide for filing in every state, including Minnesota.

Child custody

Getting a Divorce with Children in Divorce.com

Child Custody

There are two types of guardianship in Minnesota — physical and legal.

Physical custody is the daily care and control of the child (bathing, raising, preparing food for the child, etc.). Legal custody is the ability to make crucial decisions for a child. For example, these are issues related to education, religion, and health care.

Child custody

In Minnesota, both parents can have joint physical custody of their children, which does not mean that children have to spend the same amount of time in each home. The only requirement is that the children live in each household for a set period of time.

Minnesota courts consider vital factors in determining what is in the child's best interests when making a parental custody decision. Among them:

  • Wishes of parents
  • Child’s preference
  • Child's primary caretaker
  • Close parent-child relationship
  • Child's relationships with parents, siblings, and other key people
  • Adjusting the child to home, school, and society
  • The life expectancy of a child in a stable, satisfactory environment
  • The permanence of an existing or proposed house of care
  • Mental and physical health of all persons involved
  • The ability of each parent to give the child love and care
  • The impact of domestic violence on a child
  • The child's cultural background
  • The effect of domestic abuse on the child.

Uncontested Divorce in Minnesota

Divorce does not have to be an exhausting and expensive process. Spouses can get an uncontested divorce in Minnesota, if they agree to handle all legal and financial issues related to the dissolution of the marriage.

These issues include the division of joint property and debts, alimony, spousal support, child custody, including where the children will live, medical expenses and insurance, visitation times, etc.

Minnesota offers couples two types of uncontested divorce:

  • Summary dissolution
  • Dissolution by Joint Petition.

Conditions for summary dissolution:

  • The spouses have no minor children born or adopted during the marriage
  • The couple has been married for less than eight years
  • None of the ex-partners own real estate
  • Joint assets are not worth more than $25,000
  • The spouses do not have more than $8,000 of outstanding debts
  • There was no domestic violence in the relationship.

The conditions for dissolution by Joint Petition are to provide detailed information about the finances and other matters of the spouses, including:

  • Property and unpaid debts
  • Health insurance
  • Living expenses with a child
  • Agreements for custody, parental time, and child support.

Child Support

Child support is a monthly payment that a parent pays to cover raising a child. Both parents are financially responsible for the child.

Child custody

Usually, the parent with primary physical custody who takes care of the child most of the time receives child support. The law assumes that the parent already spends money directly on the child. And the parent with less parental time usually pays child support.

In Minnesota, parents must pay child support until the child turns 18, but there are some exceptions. For example, payments stop if the child is married with the parents' consent, entered the military service, etc.

Child Support

FAQ

How long will it take to get divorced in Minnesota?

An uncontested amicable divorce in Minnesota can take four to six weeks to finalize. However, if the spouses cannot agree on critical issues, the process can take longer — from several months to years.

Can I get a free divorce in Minnesota?

A couple needs to pay a fee to file divorce documents. The basic statewide filing fee is $365, but county district courts add small additional fees. Also, the spouses can request a fee waiver if they can't afford to pay the filing fee.

How do I file for divorce in Minnesota?

Spouses in Minnesota can file for divorce in several ways: online through the e-Filing system, by mail, in-person at the courthouse, or by using Divorce.com's additional filing services.

How much does a divorce cost in Minnesota?

The average cost of a contested divorce in Minnesota is about $7,500 but can range from $3,000 to $100,000. If uncontested, the minimum price is $365 (filing fee).