Divorce Resources in Minnesota: Court Forms, Legal Aid & Filing Guide

To file for divorce in Minnesota, you must meet the residency requirement under Minn. Stat. § 518.07: at least one spouse must have lived in the state for a minimum of 180 days immediately before filing. Minnesota is a no-fault divorce state, so you only need to show that there has been an irretrievable breakdown of the marriage relationship under Minn. Stat. § 518.06. File your Petition for Dissolution (Form DIV802 with children or DIV402 without children) along with the Combined Summons at the district court in the county where either spouse resides. The filing fee is $390 ($340 base plus $50 surcharge), with additional county law library fees of $7 to $15 depending on the county. Hennepin County's total is approximately $402.

After filing, you must serve your spouse with copies of the Petition and Summons. Personal service by a process server or sheriff is the standard method under Minn. R. Civ. P. 4.03. Your spouse then has 30 days to file an Answer. If your spouse does not respond within 30 days, you may file an Affidavit of Default (Form DIV815 with children or DIV410 without children) and proceed by default under Minn. Stat. § 518.13. When minor children are involved, you must also file the Notice to Public Authority (Form DIV813) and serve it on the county child support agency. Both parties must complete and exchange Financial Affidavits (Form FAM102) as required by Minn. Stat. § 518A.28.

If you and your spouse agree on all terms, you may file a Joint Petition (Form DIV302 without children or DIV1702 with children), which eliminates the need for formal service. For qualifying short marriages with no children and limited assets, Minnesota offers a Summary Dissolution process under Minn. Stat. § 518.195 using Form DIV202. When custody or parenting time is contested, the court may order mediation under Minn. Stat. § 518.619, and both parents must attend a minimum 8-hour parent education program under Minn. Stat. § 518.157. The Confidential Information Form (CON111) must accompany every filing to protect Social Security numbers and financial account numbers from the public record.

Minnesota imposes automatic temporary restraining orders upon service of the Summons, prohibiting both parties from disposing of marital assets, changing insurance beneficiaries, or removing minor children from the state without court approval or written consent under Minn. Stat. § 518.091. To finalize the divorce, one party must submit proposed Findings of Fact, Conclusions of Law, and Judgment and Decree (Form DIV806 if agreed, DIV807 if contested or by default) for the court's signature. You must also file a Certificate of Dissolution (Form DIV103) for vital statistics reporting. If you cannot afford the filing fee, you may apply for a fee waiver through the in forma pauperis process; eligibility includes recipients of public assistance or individuals earning less than 125% of the federal poverty guidelines.

Minnesota requires parent education in contested custody cases under Minn. Stat. § 518.157. When parties have not agreed on custody or a parenting time schedule, the court shall order both parents to attend a minimum of 8 hours of orientation and education through a program approved by the Minnesota Supreme Court. Participation must begin within 30 days of the first filing and before the Initial Case Management Conference. In uncontested cases, the court may still order parent education at its discretion. If domestic abuse is alleged, the parties shall not attend the same session, and the court must enter an order ensuring safe participation. Parties who qualify for in forma pauperis (fee waiver) are exempt from the program fee. Only courses listed on the Minnesota Judicial Branch website at mncourts.gov/help-topics/parent-education are approved. Failure to complete the program may result in court-imposed sanctions.

Minnesota courts may order mediation in contested custody and parenting time cases under Minn. Stat. § 518.619. If it appears from the petition that custody or parenting time is disputed, the court may set the matter for mediation before, during, or after other proceedings. The mediator must have knowledge of the court system, community resources, child development, and the effects of dissolution on children, along with a minimum of 40 hours of certified mediation training. All mediation proceedings are confidential and not available as evidence in dissolution proceedings. Any agreement reached must be reviewed by each party's attorney before being presented to the court. The critical exception: if the court finds probable cause that a party or child has been physically or sexually abused by the other party, the court shall not require mediation under Minn. Stat. § 518.619, subd. 2. More information is available at mncourts.gov/help-topics/alternativedisputeresolution.

Minnesota requires mandatory financial disclosure in all dissolution cases involving minor children under Minn. Stat. § 518A.28. Both parties must serve and file a Financial Affidavit (Form FAM102) with their initial pleadings or motion documents. Required supporting documentation includes pay stubs for the most recent 3 months, employer statements, self-employment receipts and expenses, the most recent federal tax returns, W-2 forms, 1099 forms, unemployment benefit statements, and workers' compensation statements. Initial disclosure must occur within 30 days of filing. The affidavit is signed under penalty of perjury. If a parent fails to file the Financial Affidavit, the court shall set income based on credible evidence or impute income under Minn. Stat. § 518A.32. Property division follows equitable distribution principles under Minn. Stat. § 518.58. Pension and retirement benefits are valued under Minn. Stat. § 518.582. Spousal maintenance factors are governed by Minn. Stat. § 518.552.