Family Law Resources

Residency Requirements

Either you or your spouse must have lived in Minnesota for at least 180 days (6 months) before filing. If you have minor children, the children must have lived in Minnesota for 180 days for Minnesota courts to have jurisdiction over custody.

Grounds for Divorce

Minnesota is a "no-fault" divorce state. The only ground is "irretrievable breakdown of the marriage." You do not need to prove wrongdoing.

Step-by-Step Process

Step 1: Gather Documents - Collect financial records, property documents, and information about debts and assets. You'll need these for required financial disclosures.

Step 2: Complete the Forms - File a "Petition for Dissolution of Marriage" (Form DIV101). If you have children, you'll also need a proposed parenting plan.

Step 3: File with the Court - Submit forms to the District Court in your county. Filing fee is approximately $400 (fee waivers available for low-income filers).

Step 4: Serve Your Spouse - Your spouse must be formally served with the divorce papers. They have 30 days to respond.

Step 5: Financial Disclosures - Both parties must exchange financial information within 30 days of the response.

Step 6: Attend Required Programs - If you have minor children, both parents must complete an approved Parent Education Program.

Step 7: Negotiate or Litigate - Resolve issues through negotiation, mediation, Early Neutral Evaluation (ENE), or trial if necessary.

Step 8: Finalize - Once all issues are resolved, submit a Judgment and Decree for the judge's signature.

Timeline Expectations

Uncontested divorce: 30-90 days after the response is filed, depending on court schedules.

Contested divorce: 6-18 months, sometimes longer for complex cases.

Note: Minnesota has no mandatory waiting period between filing and finalization, unlike many other states. However, the court's schedule and complexity of issues determine the timeline.

Minnesota's 10 Judicial Districts

Minnesota has 87 counties organized into 10 judicial districts. Family court cases are heard in District Court.

Major County Courts

Hennepin County (Minneapolis)

Hennepin County Government Center

300 South 6th Street, Minneapolis, MN 55487

Family Court: (612) 348-5139

Ramsey County (St. Paul)

Ramsey County Courthouse

15 West Kellogg Boulevard, St. Paul, MN 55102

Family Court: (651) 266-8266

Dakota County

Dakota County Judicial Center

1560 Highway 55, Hastings, MN 55033

Family Court: (651) 438-4325

Anoka County

Anoka County Courthouse

2100 3rd Avenue, Anoka, MN 55303

Family Court: (763) 422-7300

Washington County

Washington County Government Center

14949 62nd Street N, Stillwater, MN 55082

Family Court: (651) 430-6300

Find Your Court: Visit mncourts.gov/Find-Courts to locate your county's court.

E-Filing System

Minnesota requires electronic filing (eFS) for attorneys and allows it for self-represented parties. Register at: minnesota.tylerhost.net

Self-Help Centers

Most Minnesota courthouses have Self-Help Centers where staff can help you with forms and procedures (but cannot give legal advice). Services are free.

Statewide Self-Help Line: (651) 435-6535 or visit mncourts.gov/selfhelp

Court Filing Fees (2025)

Fee Waivers (In Forma Pauperis - IFP)

If you cannot afford filing fees, you may qualify for a fee waiver. Income guidelines: generally below 125% of federal poverty line. Apply using IFP Affidavit form. If approved, you do not pay filing fees.

Service of Process

Mandatory Parent Education

Required for all divorces with children. Cost: $50-75 per parent. Must be completed within 30 days of filing. Both parents must attend separately.

Child Custody Evaluation

If judge orders a custody evaluation (contested cases), cost is typically $1,500-$3,000 split between both parents. Evaluation by county social services or private evaluator.

Attorney Fees (Minnesota Averages)

Other Potential Costs

Legal Aid Organizations (Income-Qualified)

Volunteer Lawyers Network

Volunteer Lawyers Network (VLN) provides pro bono legal services and free legal clinics throughout Minnesota. Phone: (612) 752-6677. Legal advice clinics held monthly at various locations.

Self-Help Centers

Every Minnesota courthouse has a Self-Help Center where trained staff can help you complete forms, explain court procedures, and direct you to resources. Staff cannot give legal advice. Services are FREE.

Law School Clinics

Limited Scope (Unbundled) Representation

Some attorneys offer 'limited scope' services where they help with specific tasks (reviewing documents, coaching you for hearings, drafting motions) rather than full representation. Typically $500-2,500 depending on task. Minnesota State Bar Association Lawyer Referral: (612) 333-1183 for $75 initial consultation.

Online Resources

Response Deadlines

30 days - After being served with divorce papers, the respondent has 30 days to file an Answer.

Failure to respond: If no answer is filed, the petitioner may request a default judgment.

Mandatory Waiting Periods

No mandatory waiting period: Unlike many states, Minnesota does NOT require a waiting period between filing and finalizing a divorce. An uncontested divorce can theoretically be finalized as soon as the court can schedule it.

Exception: Some counties have local rules requiring a minimum time before scheduling hearings.

Required Timeframes

Financial disclosures: Must be exchanged within 30 days of the Answer being filed.

Parent Education Program: Must be completed before the divorce is finalized. Most programs are 4-8 hours.

Discovery period: Typically 6 months in contested cases, but can be extended by the court.

Mediation/ENE: If ordered, must be completed before trial can be scheduled.

Modification Restrictions

Child custody/parenting time: Cannot be modified for 1 year after the original order unless there's endangerment to the child. After 1 year, must show a "substantial change in circumstances."

Child support: Can be modified anytime there's a substantial change in circumstances (job loss, income change of 20% or more, change in parenting time).

Spousal maintenance: Can be modified unless the decree specifically states it's non-modifiable.

Appeal Deadlines

60 days: You have 60 days from entry of the Judgment and Decree to file a Notice of Appeal with the Minnesota Court of Appeals.

Motion for amended findings: Must be filed within 15 days of the court's decision if you want the trial court to reconsider.

Motion for new trial: Must be filed within 15 days of the verdict or decision.

Early Neutral Evaluation (ENE) - Unique to Minnesota

Hennepin and Ramsey counties REQUIRE Early Neutral Evaluation for contested custody cases. This is Minnesota's alternative dispute resolution process.

Mandatory Parent Education (Statewide)

Minnesota requires ALL divorcing parents with minor children to complete a 4-hour parent education class. This is NON-NEGOTIABLE.

Joint Legal Custody Presumption

Minnesota law presumes joint legal custody (shared decision-making) is in the child's best interest unless domestic abuse is present or one parent is clearly unable to participate. Court must state specific findings to deny joint legal custody.

45% Parenting Time Threshold

Minnesota's child support calculation changes dramatically at 45% parenting time. Below 45%: traditional support formula. Above 45%: different calculation recognizing both parents contribute directly to child expenses.

Social Services Custody Study

When custody is contested, Minnesota courts often order a custody study by county social services (rather than private evaluators in other states). Social services investigation includes home visits, interviews with children, background checks. Cost: $1,500-3,000 split between parents.

No Separation Period Required

Unlike some states, Minnesota does NOT require a legal separation before divorce. You can file for divorce immediately. The 180-day residency requirement is the only waiting period.

Terminology: 'Dissolution' not 'Divorce'

Minnesota officially uses 'dissolution of marriage' instead of 'divorce' in statutes and forms. Same thing, different label.

Grandparent Rights

Minnesota allows grandparents to petition for visitation rights only if: (1) parent-child relationship has been unreasonably denied, (2) grandparent-grandchild relationship was established, AND (3) visitation is in child's best interest. Cannot file during intact marriage unless parents lived separately for 180+ days.