How to File for Divorce in Minnesota

One spouse must have lived in Minnesota (or been stationed in Minnesota with the armed services), or been domiciled in Minnesota, for at least 180 days immediately before the case is filed. A limited exception allows a couple who married in Minnesota, and who live where they cannot get a divorce because of the sex or sexual orientation of the spouses, to divorce in Minnesota.

By statute, the court filing fee in a marriage dissolution case is $340 for the petitioner, and $340 for the respondent when they first file a paper in the case. A court may waive fees for a person who cannot afford them.

Minnesota has a summary dissolution process for couples with no minor children together, no pregnancy, a marriage of fewer than 8 years, no real estate, marital debts of no more than $8,000 (not counting car loans), marital assets worth no more than $25,000, nonmarital assets of no more than $25,000 for each spouse, and no domestic abuse. They file a notarized joint declaration, and the decree is entered 30 days later. Other agreed cases can be approved without a final hearing: with no minor children, if the spouses sign a written stipulation (or the respondent defaults); with minor children, only if both spouses sign a stipulation and are represented by lawyers.

The statutes reviewed set no general waiting period after filing. In the summary dissolution process, the court administrator enters the decree 30 days after the joint declaration is filed. If one spouse contests that the marriage is broken, the court needs evidence of 180 days of living apart before filing or serious marital discord.