Minnesota Divorce Laws and Forms (2026)

Where and how to file in Minnesota

Who can file (residency): You or your spouse must have lived in Minnesota (or been stationed there in the military) for 180 days before filing.
Waiting period: Minnesota has no set waiting period. An agreed case can be finished as soon as the court signs your papers. If your spouse denies the marriage is broken, you'll need to show 180 days living apart or serious marital discord.
Court: District Court in the county where you or your spouse live
Official forms: Divorce forms (Minnesota courts)
Court self-help: Divorce self-help (Minnesota courts)
Filing fee: $340 for the first filing by each spouse in a marriage dissolution (Minn. Stat. 357.021, subd. 2); most counties also add a small law library fee.
If you can't afford the fee: Ask the court to waive fees with an In Forma Pauperis (IFP) application, using the Minnesota Judicial Branch fee waiver forms.
Simpler process for agreed cases: Summary dissolution: married fewer than 8 years, no children together and no pregnancy, no real estate, debts of $8,000 or less (not counting car loans), marital assets of $25,000 or less, nonmarital assets of $25,000 or less each, and no domestic abuse. You file a notarized joint declaration (Minn. Stat. 518.195). Couples who agree can also file a joint petition with a stipulated agreement.
E-filing: Yes. Self-represented people can e-file through the Minnesota eFile and eServe (eFS) system.
Law: Minn. Stat. 518.07 · Minn. Stat. 518.06, 518.13

Divorce in Minnesota, step by step

Check that you can file in Minnesota
You or your spouse must have lived in Minnesota (or been stationed there in the military) for 180 days before filing.
Get the official forms
Use the court's official divorce forms: Divorce forms (Minnesota courts) Summary dissolution: married fewer than 8 years, no children together and no pregnancy, no real estate, debts of $8,000 or less (not counting car loans), marital assets of $25,000 or less, nonmarital assets of $25,000 or less each, and no domestic abuse.
File the papers and pay the fee, or ask for a waiver
File with the District Court in the county where you or your spouse live. Filing fee: $340 for the first filing by each spouse in a marriage dissolution (Minn. Stat. 357.021, subd. Can't afford it? Ask the court to waive fees with an In Forma Pauperis (IFP) application, using the Minnesota Judicial Branch fee waiver forms.
Serve your spouse
Your spouse must be personally served with the summons and petition by someone 18+ who is not a party (often the sheriff), or can sign an Admission of Service.
Your spouse responds
30 days after service to answer the petition (after the publication period ends, if served by publication) (Minn. Stat. 518.12). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
Minnesota has no set waiting period.
Agree, or go to mediation or a hearing
Common. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. If you ask, the court must change your name in the final decree to the name you request (not limited to a former name), unless it finds an intent to defraud.

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Divorce timeline estimator for Minnesota

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Grounds for divorce in Minnesota

No-fault ground: irretrievable breakdown of the marriage relationship
Fault grounds: Not available: no-fault only
Law: Minn. Stat. 518.06

Property and debts in Minnesota

System: Equitable distribution
The rule: The court makes a just and equitable division of marital property without regard to marital misconduct. Nonmarital property (owned before marriage, gifts, inheritances) usually stays with its owner.
Law: Minn. Stat. 518.58

Alimony (spousal support) in Minnesota

Called spousal maintenance; it can be transitional or indefinite. Since August 1, 2024, there are presumptions based on length of marriage: under 5 years, no maintenance; 5 to under 20 years, transitional maintenance for no longer than half the length of the marriage; 20+ years, indefinite maintenance - if the need factors are met. Misconduct isn't considered. Minn. Stat. 518.552.

Children: custody and support in Minnesota

What Minnesota calls custody: legal and physical custody and parenting time
Parenting class: Yes, if parents haven't agreed on custody or a parenting time schedule: the court must order at least 8 hours of parent education (in person or online); otherwise the court may order it (Minn. Stat. 518.157).
Child support calculator: Official child support calculator or guidelines
Child support agency: Minnesota Child Support Division (DCYF)

Serving your spouse in Minnesota

How your spouse gets the papers: Your spouse must be personally served with the summons and petition by someone 18+ who is not a party (often the sheriff), or can sign an Admission of Service. Joint petitions need no service.
Time to respond: 30 days after service to answer the petition (after the publication period ends, if served by publication) (Minn. Stat. 518.12).
Law: Minn. Stat. 518.12; Minn. Gen. R. Prac. 302-303

Going back to a former name in Minnesota

Yes. If you ask, the court must change your name in the final decree to the name you request (not limited to a former name), unless it finds an intent to defraud. Special rules apply to some people with criminal records (Minn. Stat. 518.27, 259.13).

Mediation in Minnesota

Common. Most contested family cases must try alternative dispute resolution, such as mediation or early neutral evaluation, unless there's domestic abuse (Minn. Gen. R. Prac. 310).

Free help in Minnesota

Good to know in Minnesota

Since Aug. 1, 2024, Minnesota presumes no spousal maintenance for marriages under 5 years and limits most awards for 5-20 year marriages to half the marriage length (Minn. Stat. 518.552, 2024 c. 101).
Minnesota's summary dissolution lets short, simple marriages end by a notarized joint declaration (Minn. Stat. 518.195).

Changes in 2024–2026

2024 Minn. Laws c. 101, art. 2 rewrote spousal maintenance (518.552) effective Aug. 1, 2024: temporary/permanent became transitional/indefinite, with length-of-marriage presumptions and new rules on death, remarriage and cohabitation. Filing fees in 357.021 were amended in 2025.

Divorce checklist for Minnesota

Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.

Questions about divorce in Minnesota

How long do you have to live in Minnesota to file for divorce?

You or your spouse must have lived in Minnesota (or been stationed there in the military) for 180 days before filing.

How long does a divorce take in Minnesota?

Minnesota has no set waiting period. An agreed case can be finished as soon as the court signs your papers. If your spouse denies the marriage is broken, you'll need to show 180 days living apart or serious marital discord.

What are the grounds for divorce in Minnesota?

Minnesota's no-fault ground is irretrievable breakdown of the marriage relationship. Minnesota has no fault grounds.

Is Minnesota a community property state?

No. Minnesota uses equitable distribution. The court makes a just and equitable division of marital property without regard to marital misconduct. Nonmarital property (owned before marriage, gifts, inheritances) usually stays with its owner.

How much does it cost to file for divorce in Minnesota?

$340 for the first filing by each spouse in a marriage dissolution (Minn. Stat. 357.021, subd. 2); most counties also add a small law library fee.

Can I get the divorce filing fee waived in Minnesota?

Ask the court to waive fees with an In Forma Pauperis (IFP) application, using the Minnesota Judicial Branch fee waiver forms.

Is there a simpler divorce process in Minnesota?

Summary dissolution: married fewer than 8 years, no children together and no pregnancy, no real estate, debts of $8,000 or less (not counting car loans), marital assets of $25,000 or less, nonmarital assets of $25,000 or less each, and no domestic abuse. You file a notarized joint declaration (Minn. Stat. 518.195). Couples who agree can also file a joint petition with a stipulated agreement.

How long does my spouse have to respond in Minnesota?

30 days after service to answer the petition (after the publication period ends, if served by publication) (Minn. Stat. 518.12).

Can I change my name back in a divorce in Minnesota?

Yes. If you ask, the court must change your name in the final decree to the name you request (not limited to a former name), unless it finds an intent to defraud. Special rules apply to some people with criminal records (Minn. Stat. 518.27, 259.13).

Is mediation required in a divorce in Minnesota?

Common. Most contested family cases must try alternative dispute resolution, such as mediation or early neutral evaluation, unless there's domestic abuse (Minn. Gen. R. Prac. 310).

Do divorcing parents have to take a class in Minnesota?

Yes, if parents haven't agreed on custody or a parenting time schedule: the court must order at least 8 hours of parent education (in person or online); otherwise the court may order it (Minn. Stat. 518.157).

How does alimony work in Minnesota?

Called spousal maintenance; it can be transitional or indefinite. Since August 1, 2024, there are presumptions based on length of marriage: under 5 years, no maintenance; 5 to under 20 years, transitional maintenance for no longer than half the length of the marriage; 20+ years, indefinite maintenance - if the need factors are met. Misconduct isn't considered. Minn. Stat. 518.552.

Sources

Last checked: Oct 24, 2026.

Minnesota divorce laws

Where and how to file in Minnesota

Divorce in Minnesota, step by step

Check that you can file in Minnesota

Get the official forms

File the papers and pay the fee, or ask for a waiver

Serve your spouse

Your spouse responds

Wait out the waiting period

Agree, or go to mediation or a hearing

Get the final decree