Minnesota Divorce: What You Need to Know

Divorce is the official way to end a marriage between two individuals in Minnesota. The Minnesota District Courts handle divorce cases throughout the state. Those interested in filing a divorce petition can do so in the District Court in the county where either spouse resides.

However they need to know how divorce operates in Minnesota, residency requirements, waiting times, different types of divorce, the court procedures, details on filing at the county level, and how to find divorce records.

How Does Divorce Work in Minnesota?

Before you can file for divorce in Minnesota, you need to meet specific residency requirements. At least one spouse must have lived in Minnesota for a minimum of 180 days (which is six months) before they can file. However, if one of the spouses is in the military and has Minnesota residency, these requirements might be waived. The divorce case is filed in the District Court of the county where either spouse lives.

Minnesota follows a no-fault divorce policy. The only reason you need to file is that the marriage has gone through an "irretrievable breakdown." This means that there is no real chance for reconciliation. Although parties do not have to prove any wrongdoing, like cheating or abuse, judges may consider incidents of adultery, rape, and abuse when making decisions about custody or finances in some situations.

There is nomandatory waiting period after you file for divorce in the state. The duration of the entire process depends on whether the divorce is uncontested or contested. If both spouses agree on things like custody, support, and how to divide property, an uncontested divorce can be wrapped up in just a few months. On the other hand, a contested divorce may take a year or more as a result of mediation, hearings, and possibly a trial.

Types of Divorce in Minnesota

Minnesota law provides several different types of divorce:

• Uncontested divorce: Uncontested divorce means spouses agree on all terms. These cases are resolved more quickly and are less expensive.
• Contested divorce: Contested divorce means there are disagreements over property, custody, or support. These cases take longer and involve more court intervention.
• No-fault divorce: This means that a marriage can be dissolved based solely on the irretrievable breakdown of the marriage.
• Summary dissolution: Summary dissolution is a simplified process for getting a divorce in Minnesota. A couple may qualify for summary dissolution if they have no minor children living with them, have been married for fewer than eight years, have limited property, and have no disputes.
• Collaborative divorce: This approach enables couples and their attorneys to negotiate outside of court to resolve issues without resorting to trial.
• Legal separation: Legal separation does not end the marriage but establishes court-approved terms for custody, support, and property division while spouses live apart.

Minnesota Divorce Court Process and Forms

Divorces in Minnesota are filed in the District Court of the county where either spouse resides. The process begins when one spouse files a Summons and Petition for Dissolution of Marriage.

Other required documents may include:

• Financial disclosure statement
• Petition for divorce with children
• Affidavit of Personal Service
• Financial affidavit

The divorce petition must be served on the other spouse. The other spouse is known as the respondent. Service can be completed by a sheriff, a process server, or by having the respondent sign an Admission of Service. The respondent has 30 days to file an answer.

Both spouses are required to provide financial disclosures to the court. This contains information about their income, debts, assets, and expenses. If there are children involved, both parents must go to a Parent Education Program before the custody and parenting time orders can be finalized. In contested cases, judges may order mediation to help settle without going to trial. If an agreement is not reached, hearings and possibly a trial will be arranged.

The divorce is considered final when the judge signs a Judgment and Decree. This officially ends the marriage and sets the court's orders regarding custody, child support, property division, and spousal maintenance.

City- and County-Level Filing Details

Divorces in Minnesota are filed at the county level in District Courts. Here are details for some of the state’s largest counties:

• Hennepin County (Minneapolis):
  • Courthouse: Hennepin County Family Justice Center. 110 S. 4th Street, Minneapolis, MN 55401.
  • Services: Hennepin County District Court provides downloadable forms and case records online. The court also orders a mandatory parenting class for custody cases.
• Ramsey County (St. Paul):
  • Courthouse: Ramsey County Family Court. 15 W. Kellogg Boulevard, St. Paul, MN 55102.
  • Services: Ramsey County District Court offers self-help centers to streamline the filing process.
• Dakota County (Hastings):
  • Courthouse: Dakota County Judicial Center. 1560 Highway 55, Hastings, MN 55033.
  • Services: This court orders parenting education if children are involved.
• Anoka County (Anoka):
  • Courthouse: Anoka County Courthouse. 2100 3rd Avenue, Anoka, MN 55303.
  • Services: Anoka County District Court provides online divorce forms. It also encourages mediation in custody and property disputes.
• Washington County (Stillwater):
  • Courthouse: Washington County Government Center, 14949 62nd Street North, Stillwater, MN 55082.
  • Services: The court clerk provides filing instructions to interested parties.

How to Search for Divorce Records in Minnesota

Divorce records in Minnesota are public records. However, access to sensitive information, such as Social Security numbers, financial accounts, and information about minor children, is restricted. The Court Administrator's Office maintains records in the county where the divorce was finalized.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files can be requested from the county court administrator for a fee.
• Online:The Minnesota Trial Court Public Access (MPA Remote)system allows users to search for case information statewide by name or case number. Full documents must still be obtained from the courthouse.
• Vital Records: The Minnesota Department of Health, Office of Vital Records, provides divorce certificates (summaries only) for divorces granted since 1970.
• Third-party services: Some private sites offer searches, but certified copies must come from the court or Vital Records.

Divorce records usually contain the names of the spouses, the date and county of divorce, the case number, and the judge's orders regarding custody, property, support, and alimony. The Judgment and Decree is the official proof that the marriage has legally ended.

Key Points

• Divorce in Minnesota is filed in the District Court of the county where either spouse resides.
• Residency requires six months in the state before filing.
• Minnesota is a no-fault divorce state, requiring proof of irretrievable breakdown only.
• A simplified summary dissolution process is available for couples meeting certain requirements.
• Parents must complete a parenting education program, and mediation is common in contested cases.
• Divorce records are public and available from county court administrators, with online searches through MPA Remote and certificates from the Minnesota Department of Health.