Divorce Checklist for Minnesota

Minnesota requires at least one spouse to have been domiciled in the state for a minimum of 180 consecutive days immediately preceding the filing of the dissolution petition, as mandated by Minnesota Statutes Section 518.07. This six-month residency threshold is a jurisdictional prerequisite, meaning a Minnesota district court cannot proceed with your case unless this requirement is satisfied. Active-duty military members who have maintained Minnesota residency also qualify, even if stationed elsewhere. You must file in the district court of the county where either spouse currently resides, per Minnesota Statutes Section 518.09. Gather documentation proving your Minnesota residency, such as a valid Minnesota driver's license, utility bills, lease or mortgage statements, voter registration, or employment records showing a Minnesota address. If your residency status is disputed, the court may require additional evidence at the initial hearing. Establishing clear domicile before filing prevents jurisdictional challenges that could delay your case by months.

Minnesota offers four distinct dissolution pathways, each with its own form packet available at mncourts.gov/getforms/divorce-dissolution. If both spouses agree on all terms and have minor children, use the Joint Petition with Children packet (DIV800 series). If both agree but have no minor children, use the Joint Petition without Children packet (DIV300 series, starting with Form DIV302). If only one spouse is filing and there are children, use the Petition for Divorce with Children packet (DIV800 series, starting with Form DIV802). If filing unilaterally without children, use the Petition for Divorce without Children packet (DIV400 series). Couples meeting strict eligibility criteria under Minnesota Statutes Section 518.195 may qualify for Summary Dissolution using Form DIV302, which requires no domestic abuse history and full agreement on all issues. The Minnesota Guide & File online interview at mncourts.gov can help you determine which pathway applies and auto-generate the correct forms for your situation.

Before filing, gather all documents needed for your petition and the mandatory Financial Affidavit (Form FAM102). Minnesota General Rules of Practice Rule 305.01 requires each party to complete and file a Parenting/Financial Disclosure Statement at least 7 days before the pretrial conference. Starting early prevents delays. Collect your certified marriage certificate, which you can obtain from the Minnesota Department of Health or the county where you married. Gather three years of federal and state tax returns, current pay stubs covering at least the last 60 days, bank statements for all accounts, retirement account statements, real estate deeds, vehicle titles, and all debt documentation including credit card statements, mortgage statements, and loan agreements. If children are involved, collect school enrollment records, medical insurance information, and any existing parenting agreements. Compile monthly expense records including housing, utilities, insurance premiums, childcare costs, and healthcare expenses to accurately complete the Financial Affidavit.

If you are experiencing domestic abuse, take protective steps before filing. Contact Violence Free Minnesota's statewide hotline at 866-223-1111 or visit vfmn.org/get-help to locate shelters and safety resources. Under Minnesota Statutes Section 518B.01, you can petition for an Order for Protection (OFP) separately from your dissolution action, and the court can grant emergency ex parte relief within 24 hours. Minnesota General Rules of Practice Rule 310 explicitly exempts domestic abuse cases from mandatory ADR and mediation requirements — the court cannot force you into joint mediation sessions with your abuser. Under Minnesota Statutes Section 518.157, if domestic abuse is alleged, the court must ensure parties do not attend the same parent education sessions and must issue an order setting forth safe participation procedures. Secure important documents, establish a separate bank account, and document incidents of abuse with dates and photographs. A domestic abuse advocate can help you develop a comprehensive safety plan tailored to your circumstances.

File your Petition for Dissolution with the district court in the county where either spouse resides, per Minnesota Statutes Section 518.09. For divorces with children, complete Form DIV802 (Petition for Divorce with Children), which requires you to state the grounds for dissolution as irretrievable breakdown of the marriage under Minnesota Statutes Section 518.06 — Minnesota is a pure no-fault state. Include each spouse's full legal name, date and place of marriage, names and birthdates of all minor children, and your requested relief regarding custody, parenting time, child support, spousal maintenance, and property division. File the Petition along with Form DIV803 (Combined Summons), Form CON111 (Confidential Information Form 11.1), Form CON112 (Cover Sheet for Non-Public Documents), and Form CIV102 (Certificate of Representation and Parties). The filing fee is $390 ($340 base plus $50 additional fee), though individual counties may add law library surcharges of $7 to $15. Hennepin County's total is approximately $402.

Complete Form FAM102 (Financial Affidavit) with detailed financial information as required by Minnesota family court rules. The accompanying instructions are in Form FAM101. This sworn document requires disclosure of all income sources including wages, self-employment income, rental income, investment returns, Social Security benefits, and any other earnings. List all assets including real property, bank accounts, retirement accounts, vehicles, business interests, and personal property of significant value. Disclose all debts including mortgages, vehicle loans, student loans, credit card balances, and tax obligations. Document monthly living expenses covering housing, utilities, food, transportation, insurance, healthcare, childcare, and education costs. Per Form FAM101 instructions, the Financial Affidavit and proof of income must be filed with court administration when you file your other court papers. You sign this document under penalty of perjury — intentionally providing false information constitutes a criminal offense and can result in sanctions including contempt of court.

Complete and file Form DIV808 (Affidavit of Non-Military Status) to comply with the federal Servicemembers Civil Relief Act (SCRA), 50 U.S.C. Sections 3901-4043. This federal law protects active-duty military members from default judgments by requiring the filing party to affirmatively state whether the opposing party is in military service. You must verify your spouse's military status through the Department of Defense Manpower Data Center at scra.dmdc.osd.mil, which provides free status verification certificates. If your spouse is on active duty, the court cannot enter a default judgment without first appointing an attorney to represent the servicemember's interests, and the case may be stayed for the duration of military service plus 60 days. Even if you believe your spouse is not in the military, you must still file this affidavit as part of Minnesota's default proceedings requirements under General Rules of Practice Rule 306.01. Filing a false affidavit regarding military status is a federal offense punishable by fine or imprisonment.

After filing, you must serve your spouse with copies of the Summons and Petition according to Minnesota Rules of Civil Procedure. Minnesota law permits several service methods: personal service by a sheriff or licensed private process server, who will hand-deliver the documents directly to your spouse (typically costing $50 to $100); acceptance of service, where your spouse voluntarily signs Form CIV022B (Waiver of Service of Summons) acknowledging receipt; or service by first-class mail using Form CIV022A (Notice of Lawsuit and Request for Waiver of Service of Summons). You cannot serve the papers yourself — a disinterested person over age 18 must perform service. After service is completed, the server must complete Form DIV814 (Affidavit of Service) or Form DIV903 (Affidavit of Personal Service) for in-person delivery, or Form DIV904 (Affidavit of Service by Mail) for mail service. File the completed Affidavit of Service with the court promptly, as the 30-day response period under Minnesota Statutes Section 518.12 begins upon service.

Under Minnesota Statutes Section 518.12, your spouse has exactly 30 calendar days from the date of service to file a written Answer with the court. The 30-day period includes weekends and court holidays, but if the last day falls on a day the court is closed, the deadline extends to the next business day. Your spouse may file Form DIV902 (Answer and Counter Petition) if they disagree with any requests in your Petition and wish to present their own terms regarding custody, property division, support, or other issues. Per Minnesota court rules, no answer is required to a counter-petition — the original petitioner is deemed to have denied all claims in the counter-petition. If your spouse does not file an Answer within 30 days, you may proceed toward a default judgment by filing Form DIV812 (Notice of Intent to Proceed to Judgment) along with Form DIV815 (Affidavit of Default). Under Rule 306.01(b), you must provide the defaulting party at least 14 days written notice before the final default hearing.

Minnesota Statutes Section 518.157 requires both parents to complete a minimum eight-hour parent education program in any dissolution proceeding where custody or parenting time is contested. The program covers the impact of divorce on children, methods for preventing parenting time conflicts, and dispute resolution options. Under the statute, participation must begin within 30 days after the first filing with the court, or as soon as practicable based on program availability. The Combined Summons (Form DIV803) includes mandatory notice of this requirement. Both in-person and online court-approved programs are available, though some counties may restrict online completion — verify with your county court administrator. Program fees vary by provider and typically range from $40 to $75 per parent. Parents who qualify for fee waivers under Minnesota Statutes Section 563.01 are exempt from paying the parent education program fee. If domestic abuse is alleged, the court must ensure that parties do not attend the same sessions and will issue an order establishing safe participation procedures.

Minnesota General Rules of Practice Rule 114 and Family Court Rule 310 require parties in all family law cases to attempt resolution through Alternative Dispute Resolution before the court will schedule a trial. The most common ADR method is mediation, where a Rule 114 Qualified Neutral facilitates settlement discussions. Other available processes include Financial Early Neutral Evaluation (FENE) for property and support disputes, Social Early Neutral Evaluation (SENE) for custody and parenting time issues, and Parenting Time Expediting for specific parenting time conflicts. Under Minnesota Statutes Section 518.619, the court may order mediation of contested custody or parenting time issues at any stage of the proceeding. Mediation proceedings are confidential — all records are private and cannot be used as evidence in the dissolution proceeding. Mediators must meet minimum qualifications including 40 hours of certified mediation training and knowledge of child development and custody research. Important exception: under Rule 310, courts cannot require ADR where one party alleges domestic abuse under Chapter 518B.

Minnesota General Rules of Practice Rule 305.01 requires each party to complete and file a Parenting/Financial Disclosure Statement at least 7 days prior to the pretrial conference date. This statement, developed by the state court administrator per Rule 311, includes updated financial information reflecting any changes since your initial Financial Affidavit filing. Both parties must disclose current income, all assets and their fair market values, all debts and obligations, monthly expenses, and proposed division of marital property. Attach supporting documentation including your most recent pay stubs, tax returns, bank statements, retirement account statements, and real estate appraisals. You have a continuing duty to supplement your financial disclosures if circumstances change — if you change jobs, receive a bonus, sell an asset, or discover an error, you must promptly update your disclosures and notify the opposing party. Failure to file the disclosure statement may result in the court setting child support or spousal maintenance based solely on evidence presented by the other party, per Minnesota court procedures.

The pretrial conference, governed by Minnesota General Rules of Practice Rule 305, requires both parties and their attorneys (if represented) to appear before the judge to discuss settlement, identify contested issues, and establish a trial schedule if needed. The judge reviews financial disclosures, proposed parenting plans, and any ADR results. If parties reach agreement on all issues, they execute a Stipulated Findings of Fact, Conclusions of Law, Order for Judgment, Judgment and Decree (Form DIV806), which the judge reviews and signs. Under Minnesota Statutes Section 518.13, if no minor children are involved and the parties have a written stipulation, or if the respondent has defaulted and 20 days have elapsed since the answer deadline expired, the court may proceed without a formal hearing. If contested issues remain, the court issues an order scheduling remaining discovery, contemplated motions, and trial dates per Rule 305. The judge identifies contested issues and sets deadlines for exchanging witness lists and exhibits to be offered at trial. Contested cases typically proceed to a bench trial before a judge — jury trials are not available in Minnesota dissolution proceedings.

Once all issues are resolved — whether by stipulation, default, or trial — the court enters the final Judgment and Decree of Dissolution. For stipulated cases, submit Form DIV806 (Stipulated Findings of Fact, Conclusions of Law, Order for Judgment, Judgment and Decree) signed by both parties. For contested cases decided by the judge, the court issues Form DIV807 with its own findings. You must also file Form DIV103 (Certificate of Dissolution), which the court sends to the Minnesota Department of Health for vital records. If children are involved, file Form DIV813 (Notice to Public Authority) and the corresponding Form DIV816 (Affidavit of Service to Public Authority) to notify the county child support agency. File Form DIV810 (Felony Notification Affidavit) if either party has a felony conviction. After the Judgment and Decree is signed by the judge and filed with the court administrator, the dissolution is final. There is no mandatory post-decree waiting period in Minnesota — the marriage is dissolved as of the date the judge signs the decree.