Minnesota Divorce Filing Checklist 2025

Filing for divorce in Minnesota doesn't have to be overwhelming. Understanding the residency requirements, choosing the right filing type, and knowing which forms to use can simplify the process significantly. This Minnesota divorce filing checklist walks you through every essential step to start your dissolution of marriage in 2025.

Minnesota Residency Requirements

Before filing for divorce in Minnesota, you must meet the state's residency requirement. At least one spouse must have lived in Minnesota for 180 days (approximately six months) immediately before starting the case. This requirement also applies if you've been stationed in Minnesota on active military duty for 180 days.

You'll file in the Minnesota District Court for any county where either spouse currently resides. If neither spouse lives in Minnesota but jurisdiction rests on domicile or military stationing, venue follows those locations. Minnesota also allows certain nonresidents who married in Minnesota to file if their current state won't allow a divorce due to the couple's sex or sexual orientation, as stated in Minn. Stat. § 518.07.

Choosing Your Filing Type

Minnesota offers three main filing pathways, each designed for different situations:

Summary Dissolution provides a streamlined process if you meet strict criteria: married under eight years, no living minor children, neither spouse pregnant, no real estate owned, marital debts ≤ $8,000 (excluding car loans), total marital assets ≤ $25,000, nonmarital assets for either spouse ≤ $25,000, and no domestic abuse. The court administrator enters your decree automatically 30 days after filing.

Joint Petition works when you and your spouse agree on all divorce issues. You can file together without a summons. If you have no minor children, your stipulated decree can often be approved without a final hearing. With minor children, a hearing may be waived only if both parties have legal representation.

Contested Dissolution begins when one spouse files a Summons and Petition, and the other may Answer and optionally Counterpetition. These cases typically involve motion practice, discovery, parent education, and alternative dispute resolution (ADR).

Required Forms and Documents

The specific forms you need depend on your filing type. For Summary Dissolution, you'll complete form DIV202. Joint petitions without children require DIV302, while those with children use DIV1702 along with DIV1701 instructions and form DIV103S.

Contested cases without children start with DIV402 (Petition) and DIV403 (Summons). With children, you'll use DIV802 and DIV803. All filers must handle restricted identifiers using Confidential Information Form CON111 and Cover Sheet CON112 for financial documents. You can access all forms through the Minnesota Courts website.

Filing Fees in Minnesota

Minnesota divorce filing fees vary by county due to law library add-ons, typically ranging from $380 to $405 as of mid-2025. Ramsey County charges $380 (base $315 + fees), Hennepin County $402, and Rice County $405. There's also an optional $5 eFile and eServe processing fee for electronic submissions.

If you cannot afford the filing fee, you can request a fee waiver using form FEE102 (Affidavit to Request Fee Waiver). Fee waivers are generally available if your income is at or below 125% of the poverty level, you receive public assistance, or you can otherwise demonstrate inability to pay under Minn. Stat. ch. 563.

Step-by-Step Filing Process

1. Confirm Eligibility: Verify you meet the 180-day residency requirement and have grounds for divorce (irretrievable breakdown of the marriage relationship).
2. Prepare Your Forms: Complete the appropriate forms for your filing type, ensuring all restricted identifiers are properly handled on confidential forms.
3. File with the District Court: Submit your forms to the county district court where either spouse resides. Attorneys must eFile through the eFS system; self-represented parties may eFile or file paper documents at the courthouse.
4. Serve Your Spouse (if contested): Arrange for personal service by a non-party adult age 18 or older. Service must be completed unless you're filing jointly (no summons required).
5. Wait for Response: Your spouse has 30 days to serve an Answer after receiving the Petition and Summons. If they don't respond, you may proceed by default.
6. Complete Parent Education (if applicable): Parents in custody or parenting-time cases must complete at least eight hours of approved parent education, beginning within 30 days of filing.

What Happens After Filing

Upon service of the Summons, automatic temporary restraints activate, preventing both parties from disposing of assets (except for necessities), harassing each other, or changing insurance coverage or beneficiaries. These restraints remain in effect until modified or the case is dismissed.

Many Minnesota counties schedule an Initial Case Management Conference (ICMC) within about 30 days of filing. The court discusses ADR options, discovery limits, and next steps. Counties widely use Early Neutral Evaluation (ENE) to provide confidential feedback and facilitate settlement.

Get Help Understanding Your Minnesota Divorce Costs

Filing for divorce in Minnesota involves multiple fees and considerations beyond just the initial filing cost. For detailed guidance on the entire process from start to finish, see our comprehensive guide to understanding the divorce process. Our divorce cost calculator helps you estimate your total expenses based on your specific situation, including filing fees, service costs, parent education expenses, and potential attorney fees.