Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Minnesota Divorce Law
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Minnesota attorney for advice specific to your situation.
Answer: How Long Does Divorce Take in Minnesota?
How long does divorce take in Minnesota? An uncontested divorce where both spouses agree on all terms can be finalized in as few as 30 to 90 days. A summary dissolution under Minn. Stat. section 518.195 may be completed in approximately 30 days after filing. Contested divorces involving disputes over custody, property, or support typically take 6 to 18 months or longer depending on case complexity and court schedules.
Minnesota Divorce at a Glance
Minnesota refers to divorce as a "dissolution of marriage" in its statutes. Under Minn. Stat. section 518.002, the word "divorce" carries the same legal meaning as "dissolution" or "dissolution of marriage." The entire process is governed by Minnesota Statutes Chapter 518, which covers everything from filing requirements to property division and spousal maintenance.
Minnesota is a purely no-fault divorce state. A judge can grant a dissolution if there has been an "irretrievable breakdown" of the marriage, meaning the relationship cannot be saved. Unlike many other states, there are no fault-based grounds for divorce in Minnesota (Minn. Stat. section 518.06).
Residency Requirements
Before you can file for divorce in Minnesota, you must satisfy the state's residency requirement. Under Minn. Stat. section 518.07(1), at least one spouse must have lived in Minnesota, or been a member of the armed forces stationed in Minnesota, for a minimum of 180 days (approximately six months) immediately before filing the petition.
Key points about residency:
- Only one spouse needs to meet the 180-day residency threshold, not both.
- Military members who maintained Minnesota residency may file even if stationed elsewhere due to active duty.
- The petition must be filed in the district court of the county where at least one spouse resides (Minn. Stat. section 518.09).
- If residency is not established, the court will not accept the petition or will eventually dismiss the case.
There is a limited exception: non-resident parties may file in Minnesota if the civil marriage took place in-state and their current state of residence does not recognize the marriage because of the sex or sexual orientation of the spouses (Minn. Stat. section 518.07, subd. 2).
Minnesota Divorce Waiting Period
One frequently misunderstood aspect of the divorce timeline in Minnesota is the waiting period. Minnesota has no mandatory waiting period or separation period before a spouse may seek a divorce. Once the petition and summons are filed and served, the court can begin processing the case. This is a significant advantage for couples seeking the fastest divorce possible in the state.
However, there are procedural timelines that set a minimum floor:
- The respondent (non-filing spouse) has 30 days to file an answer after being served with the summons and petition (Minn. Stat. section 518.12).
- In a summary dissolution, the court administrator enters the decree 30 days after the joint declaration is filed (Minn. Stat. section 518.195).
- In cases with minor children, the court will typically schedule a hearing to review whether any agreement is in the children's best interests.
These procedural steps mean that even the fastest divorce in Minnesota will take at least 30 days from the date of filing.
Divorce Timeline by Type
Summary Dissolution (Fastest Divorce in Minnesota)
Summary dissolution is a streamlined process available to couples who meet strict eligibility criteria under Minn. Stat. section 518.195. If you qualify, this is the quickest path to a final decree.
Eligibility requirements include:
- No minor children of the marriage, and the wife is not pregnant
- The marriage lasted eight years or fewer
- No real property (real estate) is owned jointly
- Total marital assets are worth $25,000 or less
- Neither party carries more than $8,000 in debt (excluding automobile loans)
- No domestic violence between the parties
- Both spouses agree to all terms
Timeline: Approximately 30 days from filing. The court administrator will enter the decree of dissolution 30 days after the filing of the joint declaration, assuming all statutory requirements are met. No hearing before a judge is required.
Uncontested Divorce (Joint Petition)
If both spouses agree on all issues but do not qualify for summary dissolution (for example, because they have children or assets exceeding the summary dissolution threshold), they may file a joint petition for dissolution.
Timeline: Typically 60 to 90 days from filing to final decree. After signing a Marital Termination Agreement (MTA) and filing it with the court, couples must wait at least 30 days before scheduling a final hearing. If minor children are involved, a judge will review the parenting plan at a hearing.
Contested Divorce
When spouses cannot agree on key issues such as property division, child custody, child support, or spousal maintenance, the case becomes contested. The divorce duration for contested cases is significantly longer.
Timeline: Typically 6 to 18 months or more. Cases involving complex financial assets, business valuations, custody evaluations, or high conflict can extend well beyond 18 months.
Factors that extend a contested divorce timeline include:
- Disputes over custody or parenting time that require a custody evaluation or guardian ad litem appointment (Minn. Stat. section 518.165)
- Mandatory alternative dispute resolution (ADR), such as mediation or early neutral evaluation, required by most counties before trial
- Discovery and financial disclosure involving complex assets, pensions, or business interests
- Motion practice for temporary orders, including temporary custody, support, or restraining orders (Minn. Stat. section 518.131)
- Court scheduling backlogs, which vary by county
Default Divorce
If the respondent fails to answer the petition within the 30-day window after being served, the court may proceed with the divorce as a default matter (Minn. Stat. section 518.13). In default cases without minor children, the divorce may be finalized relatively quickly once the default period has passed.
Timeline: Approximately 2 to 4 months from filing, depending on the county.
Step-by-Step Divorce Process in Minnesota
- Meet the residency requirement: At least one spouse must have resided in Minnesota for 180 days immediately preceding the filing (Minn. Stat. section 518.07).
- Prepare the petition: File a Summons and Petition for Dissolution of Marriage with the district court in the county where at least one spouse lives.
- Pay the filing fee: The base filing fee for a dissolution of marriage (with or without children) is $390.00, which includes a $340 base fee plus a $50 surcharge authorized under Minn. Stat. sections 357.021 and 518.005, subd. 6. Individual counties may add a law library fee of approximately $7 to $12, bringing the total to roughly $390 to $402 depending on the county. As of February 2026. Verify with your local clerk.
- Serve the other spouse: The petitioner must personally serve the respondent with the summons and petition, unless a joint petition is filed. Service by publication is available when the respondent cannot be located (Minn. Stat. section 518.11).
- Wait for a response: The respondent has 30 days to file an answer to the petition.
- Complete mandatory parent education (if children are involved): Under Minn. Stat. section 518.157, in a contested proceeding involving custody or parenting time of a minor child, both parties must begin a parent education program within 30 days of the first filing.
- Attempt alternative dispute resolution: Most Minnesota counties require the parties to attempt mediation or another form of ADR before proceeding to trial.
- Negotiate and finalize agreements: If the parties reach an agreement, they execute a Marital Termination Agreement.
- Attend a final hearing: A judge reviews the agreement and, if satisfied it is fair and in the best interests of any children, issues the Judgment and Decree of Dissolution.
- Receive the final decree: The marriage is officially dissolved upon entry of the Judgment and Decree.
Filing Fees and Court Costs
The following fee information is sourced from the Minnesota Judicial Branch (mncourts.gov):
- Dissolution of Marriage (Divorce), with or without children: $390.00 base (varies by county with additional law library fees of approximately $7-$12)
- Hennepin County (Minneapolis): $402.00
- Filing a motion or response to a motion: $100.00
- Service of process: $40 to $100, depending on the method
- Forms packets (dissolution with or without children): $10.00
As of February 2026. Verify with your local clerk. Fee waivers are available through the In Forma Pauperis (IFP) process for individuals who cannot afford to pay court fees. If you cannot afford to pay a court fee, you can ask to have the fee reduced or waived.
For the most current fee schedules, visit https://mncourts.gov/help-topics/court-fees/district-court-fees.
2024 Law Changes: Spousal Maintenance Reform
Effective August 1, 2024, Minnesota enacted significant changes to its spousal maintenance laws under H.F. 3204, amending Minn. Stat. section 518.552. These changes may affect the overall divorce timeline when maintenance is at issue because they provide more structured guidelines and may reduce litigation time on this topic.
Key changes include:
- New terminology: "Temporary" maintenance is now called "transitional" maintenance, and "permanent" maintenance is now called "indefinite" maintenance.
- Duration presumptions based on marriage length:
- Marriages under 5 years: Rebuttable presumption that no maintenance should be awarded.
- Marriages of 5 to 20 years: Rebuttable presumption that transitional maintenance should be awarded for a period no longer than one-half the length of the marriage.
- Marriages of 20 years or more: Rebuttable presumption that indefinite maintenance should be awarded.
- Retirement considerations: The law now specifically allows a modification of maintenance when a party retires, considering factors such as whether the retirement is in good faith, the party's Social Security full retirement age, and both parties' financial resources.
- Debt-funded lifestyle: Courts must now consider the extent to which the marital standard of living was funded by debt when analyzing maintenance needs.
These presumptions are "rebuttable," meaning a party may present evidence to convince the judge to deviate from the default guidelines based on the unique circumstances of the case.
Property Division in Minnesota
Minnesota is an equitable distribution state, not a community property state. This means marital property is divided fairly, but not necessarily equally. Under Minn. Stat. section 518.58, the court considers factors including:
- The length of the marriage
- The age, health, and earning capacity of each spouse
- The contribution of each spouse to the acquisition and preservation of marital property
- Any prior obligations from a previous marriage
All property acquired during the marriage is presumed to be marital property regardless of whose name is on the title (Minn. Stat. section 518.003). Non-marital property, including assets acquired before the marriage or by gift or inheritance during the marriage, is generally not subject to division.
Complex property disputes, particularly those involving business valuations, pension benefits (Minn. Stat. section 518.582), or real estate, can significantly extend the divorce duration.
How Long Does Divorce Take in Minnesota: Key Factors
Several factors influence how long does divorce take in Minnesota in any particular case:
- Level of agreement between spouses: The single largest factor. Couples who agree on all terms can finalize within weeks.
- Presence of minor children: Cases involving custody, parenting time, and child support take longer due to mandatory parent education, potential custody evaluations, and the court's obligation to protect children's best interests.
- Complexity of assets and debts: High-value estates, business interests, retirement accounts, and real property require appraisals and expert analysis.
- County caseload: Some counties have heavier dockets than others, which can delay hearing dates.
- Need for temporary orders: If a party needs immediate relief (temporary custody, support, or restraining orders), the motion process adds time.
- ADR participation: While mediation and early neutral evaluations can ultimately shorten the process, they require scheduling and participation time.
H2 FAQs: Frequently Asked Questions About Minnesota Divorce Timelines
FAQ 1: How long does divorce take in Minnesota if both spouses agree on everything?
An uncontested divorce in Minnesota where both spouses agree on all issues typically takes 30 to 90 days. If you qualify for summary dissolution under Minn. Stat. section 518.195, the decree may be entered just 30 days after filing. For a joint petition with children, expect approximately 60 to 90 days to allow for the filing of the Marital Termination Agreement, any required hearing, and entry of the decree.
FAQ 2: Is there a mandatory waiting period for divorce in Minnesota?
No. Minnesota does not impose a mandatory waiting period or separation requirement before filing for divorce. However, the respondent is allowed 30 days to file an answer after being served, and in summary dissolution cases the court administrator enters the decree 30 days after filing. These procedural timelines create a practical minimum of about 30 days.
FAQ 3: How much does it cost to file for divorce in Minnesota?
The base filing fee for a dissolution of marriage in Minnesota is $390.00. Some counties, such as Hennepin County, charge up to $402.00 due to additional law library fees. Filing a motion costs $100.00. Service of process typically costs $40 to $100. Fee waivers are available for those who qualify based on income. As of February 2026. Verify with your local clerk.
FAQ 4: Can I get a divorce in Minnesota if my spouse does not respond?
Yes. If the respondent does not file an answer within 30 days after being served, the court may proceed with the divorce as a default matter under Minn. Stat. section 518.13. In a default divorce without minor children, the petitioner can typically move forward once the answer deadline has passed and at least 20 additional days have elapsed.
FAQ 5: What is the fastest divorce option in Minnesota?
The fastest divorce in Minnesota is a summary dissolution under Minn. Stat. section 518.195. If both spouses meet the strict eligibility requirements (no children, married eight years or fewer, limited assets and debts, no domestic violence), the decree can be entered 30 days after filing the joint declaration. No court hearing is required.
FAQ 6: Do I need a lawyer to get divorced in Minnesota?
No. Minnesota allows self-representation (pro se) in divorce cases. The Minnesota Judicial Branch provides forms and a "Guide and File" online tool to help self-represented litigants prepare and file documents. However, consulting with a licensed attorney is strongly recommended, particularly when children, significant assets, or spousal maintenance are involved.
FAQ 7: What changed about spousal maintenance (alimony) in Minnesota in 2024?
Effective August 1, 2024, Minnesota significantly reformed its spousal maintenance laws under Minn. Stat. section 518.552. The law now uses the terms "transitional" and "indefinite" maintenance instead of "temporary" and "permanent." It establishes rebuttable presumptions for maintenance duration based on the length of the marriage: no maintenance for marriages under 5 years; transitional maintenance for up to half the marriage length for marriages of 5 to 20 years; and indefinite maintenance for marriages of 20 years or more. The law also addresses retirement as a basis for modification.
FAQ 8: Is mediation required in Minnesota divorce cases?
While Minnesota law does not universally mandate mediation in all divorce cases, most counties, including Hennepin County, require parties to attempt alternative dispute resolution (ADR) before proceeding to trial in family law matters. ADR options include mediation, early neutral evaluation (ENE), and other processes as set forth in the district court rules. Victims of domestic abuse are exempt from mandatory mediation requirements.
FAQ 9: How does child custody affect the divorce timeline in Minnesota?
Child custody disputes can significantly extend the divorce timeline. Under Minn. Stat. section 518.157, both parents must begin a parent education program within 30 days of the first filing in a contested custody case. Custody evaluations, guardian ad litem appointments, and hearings on parenting plans all add time. A contested custody divorce may take 12 to 18 months or longer.
FAQ 10: Where do I file for divorce in Minnesota?
You must file the Summons and Petition for Dissolution of Marriage with the district court in the county where at least one spouse resides (Minn. Stat. section 518.09). All Minnesota counties accept electronic filing. You can also file in person at the county courthouse. For more information and self-help resources, visit the Minnesota Judicial Branch at https://mncourts.gov/help-topics/divorce.
Conclusion
Understanding how long does divorce take in Minnesota depends on your specific circumstances. An uncontested case with full agreement can wrap up in as little as 30 days through summary dissolution, while a high-conflict contested case may stretch beyond a year. Minnesota's lack of a mandatory waiting period and its streamlined summary dissolution process make it possible to achieve a relatively fast divorce when both parties cooperate. The 2024 spousal maintenance reforms under Minn. Stat. section 518.552 add greater predictability to one of the most frequently litigated divorce issues, potentially reducing the divorce duration for many couples.
Regardless of your situation, working with a qualified Minnesota family law attorney can help you navigate the process efficiently, protect your rights, and minimize unnecessary delays.
For official court forms, self-help resources, and county-specific information, visit the Minnesota Judicial Branch at https://mncourts.gov/help-topics/divorce.