Not all separations are high conflict, and divorces don't have to include skyrocketing lawyer’s bills, tearful arguments, emotionally wounded children, and frequent court appearances. In fact, if you and your spouse are on amicable terms and can work together, you can get an uncontested divorce, which will save you time and money.
This article will explain uncontested divorces in Minnesota. If you still have questions after reading this article, you should consult with an experienced family law attorney.
In most states, uncontested divorce (called “dissolution” in Minnesota) generally means that both spouses agree on all the key terms of the divorce, including:
If you or your spouse disagree about any of these items, your divorce will be considered "contested" and it will have to go to trial.
There are two kinds of uncontested divorce in Minnesota.
The first kind, “summary dissolution,” is a streamlined process for very simple cases without children or lots of property. You just prepare and file divorce papers, and a judge signs off on your divorce without you having to set foot in a courtroom. However, you can only get a summary dissolution if all of the following statements are true:
The second kind of uncontested divorce is “dissolution by joint petition.” This is an expedited way to streamline more complicated divorce cases where the spouses have real estate, children, or significant assets, but they agree about everything.
There are separate procedures and forms for joint petitions when spouses have children and when they don’t. Both spouses are considered petitioners. The key is that the spouses must reach a global agreement about all issues in the case before they begin, and then write the petition and other joint paperwork together.
There are two preliminary rules that apply to all divorces in Minnesota. Make sure you’re in compliance with these before you do anything else.
First, you or your spouse must have been a resident of the state for at least 180 days before filing for divorce. However, there‘s a limited exception to this rule that’s meant to protect spouses in same-sex marriages: in those cases, if neither spouse is currently a resident of Minnesota but the marriage was performed in Minnesota and the spouses are currently living in a state that won’t recognize a same-sex marriage, the divorce can still be filed in Minnesota.
Second, you have to give the court a "ground," or legal reason, for the divorce. Irretrievable breakdown of the marriage is the only ground recognized in Minnesota, and it means that the marriage has broken down so badly that it can't be repaired. There's no need to argue about intimate details of your marriage or who’s at fault for what.
You’re responsible for understanding Minnesota’s court system and knowing where to file your papers. If you file in the wrong place, your case could be tossed out or transferred and you might have to start over. The Minnesota Judicial Branch has a website you can use to identify all the judicial districts and the counties they serve.
The entry-level trial courts in Minnesota are the district courts. Family law cases, including divorces, start in the district court. There are 289 district courts in Minnesota, and they are broken up into 10 judicial districts. You should file your case in the district court of the county where you or your spouse are currently living.
The first thing that you’ll need to do for either of the two types of contested divorce is locate the correct forms and complete them.
There’s only one form set you need for summary dissolutions. If you’re pursuing a summary dissolution, you and your spouse have to prepare a joint petition for summary dissolution together. Before you start, read this handbook, because you’re going to have to sign a statement later that says you’ve read it and you understand it.
When it comes to dissolution by joint petition, the Minnesota Judicial Branch offers different packets for people with children and for people without children. Although this article can only hit the highlights, each packet contains detailed instructions that you must follow exactly. Additionally, if you're filing a joint petition, you can use the I-CAN! web-based, electronic forms tool at no cost.
The joint petition provides a lot of information about you and your marriage, and it includes a request for the court to issue an order for divorce that reflects your wishes. You and your spouse have to go together to a notary public to sign the joint petition. Don’t sign unless and until you’re in the presence of a notary.
Feel free to talk to the court clerks who work in the courthouse about your forms, but keep in mind that they can’t give you any legal advice. You may be able to find helpful information through the Minnesota State Law Library: Divorce Topics, Minnesota Judicial Branch: Self-Help Center (Divorce), and Law Help Minnesota (legal aid and free divorce information).
If you still have specific questions about your forms or your case, you should consult with a family law attorney in your area.
Next, you’ll take the joint petition to your courthouse and file it. There will be a filing fee, but if you can’t pay, ask the clerk for a fee waiver form, which you’ll fill out and use to provide the court with financial information. If you meet the income guidelines, a judge will sign an order eliminating all fees for the duration of the case.
The clerk will take the papers, assign a case number, and file them. After about 30 days, you’ll get a Notice of Entry of a Decree of Dissolution in the mail. That means your divorce is official and you’re no longer married.
After the judge signs, a court clerk will send you a notice that says your divorce is final. But if the judge has any questions or concerns about the legality or fairness of the agreement, the court may schedule a brief hearing so you and your spouse can come in and explain.