Planning to file for divorce in Minnesota? The path you take depends on whether you and your spouse agree on all major issues. Minnesota offers several options for ending your marriage, from streamlined summary dissolution and joint petitions (uncontested) to traditional contested divorce proceedings. Understanding these differences helps you budget, plan, and choose whether to pursue mediation or litigation.
Minnesota is a pure no-fault state, meaning you only need to show an irretrievable breakdown of the marriage. Unlike many states, Minnesota has no mandatory waiting period before your divorce can be finalized, which means uncontested cases can move quickly once paperwork is complete.
Quick Comparison: Uncontested vs Contested
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement | Both parties agree on all issues | One or more issues disputed |
| Timeline | 2-3 months typical | 6-12+ months |
| Total Cost | $400-$5,000 | $15,000-$40,000+ |
| Court Hearings | Often none required | Multiple hearings, possible trial |
| Attorney Needed? | Optional (DIY possible) | Highly recommended |
What is an Uncontested Divorce in Minnesota?
An uncontested divorce means you and your spouse agree on all major issues. Minnesota offers two primary uncontested paths:
Summary Dissolution
This streamlined option under Minn. Stat. § 518.195 is available only if you meet strict requirements: married under 8 years, no minor children, no real estate, marital debts under $8,000, total marital assets under $25,000, and no domestic abuse. You file a joint declaration, and the court administrator enters your decree 30 days later.
Joint Petition (Standard Uncontested)
If you don't qualify for summary dissolution but still agree on everything, you can file a joint petition (DIV302 without children or DIV1702 with children). For cases without minor children, courts typically approve stipulated decrees without a hearing. With children, a brief prove-up hearing may be required unless both parties have attorneys.
What is a Contested Divorce?
A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parenting time, property division, or spousal maintenance. One spouse files a Petition and Summons, and the other has 30 days to respond.
Contested cases typically involve an Initial Case Management Conference (ICMC), discovery, and often Early Neutral Evaluation (ENE) to facilitate settlement. If children are involved, parents must complete an 8-hour parent education program. Cases that don't settle proceed to trial.
Cost Comparison
Uncontested Divorce Costs
- Filing fee: $380-$405 (varies by county)
- eFile processing fee: $5 (optional for self-represented)
- Service of process: $0 for joint petition
- Attorney review (optional): $500-$2,000
- Total typical range: $400-$5,000
Contested Divorce Costs
- Filing fees: $380-$405 plus $100 per motion
- Attorney fees: $200-$400/hour; $5,000-$15,000+ retainer
- Parent education: Required for custody cases
- Experts: Custody evaluators, appraisers, forensic accountants
- Total average: $15,000-$40,000+ depending on complexity
Calculate Your Estimated Divorce Costs
Use our free calculator to estimate your total Minnesota divorce costs based on whether your case is uncontested or contested.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Timeline Comparison
Uncontested: Minnesota has no mandatory waiting period. Summary dissolution finalizes 30 days after filing. Standard joint petitions typically complete in 6-10 weeks depending on court processing times. For more details, see our Minnesota divorce timeline guide.
Contested: Expect 6-12 months or longer. Cases involving custody disputes, complex assets, or trial can extend to 18+ months. Court scheduling and discovery timelines are the primary factors.
Frequently Asked Questions
What residency requirements apply?
At least one spouse must have lived in Minnesota for 180 days before filing. You can file in any county where either spouse resides.
Can a contested divorce become uncontested?
Yes. Many contested cases settle through mediation or ENE. Once you reach full agreement, you submit a stipulated judgment and proceed as uncontested, saving significant time and money.
Do I need a lawyer for an uncontested divorce?
No. Minnesota Courts provide comprehensive self-help resources and forms. However, attorney review is recommended to ensure your agreement protects your interests.
Make the Right Choice
The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and finish in weeks rather than months. Even if your case starts contested, pursuing settlement dramatically improves outcomes. For step-by-step guidance on starting your case, see our Minnesota divorce filing checklist. Additionally, exploring online divorce services versus traditional attorney representation can help you determine the best approach for your situation.
Ready to Navigate Your Divorce Journey?
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This article is for informational purposes only and does not constitute legal advice. Minnesota divorce laws are complex and fact-specific. For guidance tailored to your situation, consult a licensed Minnesota family law attorney. Costs and timelines may vary by county. Always verify current requirements with your local Minnesota District Court or the Minnesota Judicial Branch self-help resources.
