Before you get divorced in Minnesota, you should check out all your options ...

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  • How does divorce work in MN?

  • How much will it cost?

  • Do we need attorneys?

  • Can we just file ourselves?

  • Who determines who gets what?

  • What happens with our children?

  • What if our relationship is nasty?

  • Do we have to go to court?

  • What is divorce mediation?

  • What if our house is underwater?

  • How do we determine child support?

  • What happens if things change?

"We started our divorce with an estimate of it costing about $150,000, EACH. Divorce mediation cost us $4,500, total."

Divorce In Minnesota

"Regardless of how you file for divorce in Minnesota, it is the only contract you will ever enter into that must be approved by a judge or hearing officer to make it valid."
Minnesota Capital

How Do You File For Divorce In Minnesota?

There are many choices for a divorce in Minnesota. Here are three of the more popular options:

  1. You can hire an attorney who prepares a summons and petition for divorce in Minnesota and has it served upon your spouse. This formally commences the action. Then the other spouse has 90 days to respond, at which time they often hire their own attorney and you’re off to the races!
  2. You can download the Divorce/Dissolution Forms at mncourts.gov and fill out all the forms yourselves and file them with your county.
  3. You can use a mediator to guide you through the process and file an uncontested divorce in Minnesota. This means you file a joint petition – without having to serve the other side – along with many other settlement documents that are required by the court.

What Is A "No Fault" Divorce?


Exactly what it says.

All 50 states do not consider fault to be a factor in granting a divorce, nor is fault a factor for influencing property division or support. Historically, one had to prove “grounds for divorce” in order for one to be granted. Now the laws simply state “there has been an irretrievable breakdown of the marriage relationship.”

Also, it used to be – for example – if you could prove your spouse cheated, then he or she didn’t get as much property or didn’t get spousal support.

Today, most marital assets are divided equitably no matter who earned what during the marriage and regardless of whose behavior contributed more to the breakdown of the marriage.

Can You Do A “DIY" Divorce In Minnesota?


Yes, everyone has a constitutional right to represent themselves in any matter before the court.

You can download the Divorce/Dissolution Forms and fill out all the forms yourselves and file them with your county. In fact, an estimated 70% of all litigants navigate the family court system without attorneys.

Many counties have established self help desks, where you can find help in filling out the forms and figuring out what is needed.

However, it can be a challenge. The court supplied forms are not user-friendly and are filled with warnings that you should really have an attorney help you file a Minnesota divorce.

What Is A Legal Separation?


It is basically a divorce except the bonds of matrimony are not dissolved.  Property, support and parenting are decided as if there were a divorce in Minnesota, but the parties remain legally married.  If one spouse wants a legal separation and the other wants a divorce, the spouse wanting a divorce in Minnesota prevails.

Is There A Waiting Period For A Divorce In Minnesota?


No. Some states require a period of living apart before the Court will finalize a divorce. Minnesota has no waiting period.  However, because MN divorce process requires you to commence a lawsuit against the other person, it can take several weeks after filing the paperwork to get your divorce in Minnesota.

Step 1

  • Marriage Counseling?

Step 2

  • Due Diligence

Step 3

  • Litigate or Mediate?

Step 4

  • Execute

When it comes down to whether or not you and your spouse want to get divorced in Minnesota, there are 4 basic steps to take. Step 1 is to determine if marriage counseling might be worth a try, based on if the two of you think there might be chance of reconciliation. Step 2 is to do your "due diligence," which is basically do your homework. You should learn as much as you can about divorce including costs, who are the best divorce lawyers and divorce mediators, how much time it will take, options for children involved, etc. Step 3 is to make a decision. And finally, Step 4 is you need to execute (not your spouse!) ... don't put it off, unless there's a chance of reconciliation. Just get the divorce in Minnesota.

Divorce In Minnesota Tuesday Sessions

Our Presenters Include Minnesota Divorce Lawyers, Mediators, And Counselors
Steve Erickson Mediation Institute
Steve Erickson
JD & Mediator
Marilyn McKnight Erickson Mediation Institute
Marilyn S. McKnight
MA & Mediator
Solveig Erickson Mayer Erickson Mediation Institute
Solveig Erickson Mayer
MSW, COO, CFO
Alex S. Glassmann JD & Mediator at Erickson Mediation
Alex S. Glassmann
JD & Mediator

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