Uncontested vs Contested Divorce in Minnesota: Choosing the Right Track

When filing for divorce in Minnesota, your choice between an uncontested or contested path significantly impacts your timeline, costs, and stress level. Understanding these two tracks helps you set realistic expectations and make informed decisions about your case. For general strategies on reducing divorce expenses, see our guide on how to save money on divorce.

What Makes a Divorce Uncontested vs Contested in Minnesota?

An uncontested divorce occurs when both spouses agree on all major issues: property division, spousal maintenance, and if applicable, child custody, parenting time, and child support. Minnesota calls divorce a "dissolution of marriage," and the state offers several streamlined options for couples who can reach full agreement.

A contested divorce means at least one significant issue remains unresolved and requires court intervention. Even disagreement on a single matter—such as how to divide retirement accounts or structure a parenting schedule—makes your divorce contested and requires additional procedural steps.

Minnesota is a pure no-fault state. Under Minn. Stat. § 518.06, the only ground for divorce is "irretrievable breakdown of the marriage relationship," meaning no reasonable prospect of reconciliation exists.

How Long Does Each Type Take? Timeline Comparison

Unlike many states, Minnesota has no mandatory waiting period for standard divorces. Your case can finalize as quickly as the court processes your paperwork, making uncontested divorces especially fast.

Uncontested Divorce Timeline

An uncontested divorce in Minnesota typically takes 2 to 6 weeks for straightforward cases, or 6 to 10 weeks when children are involved. The timeline depends on which track you use:

• Summary dissolution (DIV202): If you meet strict eligibility requirements, the court administrator must enter your decree exactly 30 days after filing
• Joint petition without children (DIV302): Courts typically approve within 4-6 weeks without requiring a hearing
• Joint petition with children (DIV1702): May require a brief prove-up hearing; typically 6-10 weeks total

For a detailed breakdown of all procedural steps, see our comprehensive Minnesota divorce timeline guide.

Contested Divorce Timeline

Contested divorces in Minnesota typically take 6 to 12+ months, though complex cases can extend to 18-24 months. Additional procedural requirements include:

• Service and response: Respondent has 30 days to file an Answer after being served
• Initial Case Management Conference (ICMC): Scheduled within 30 days of filing to set deadlines
• Parent education: If custody is disputed, both parents must complete 8 hours of approved coursework within 30 days and before ICMC
• Early Neutral Evaluation (ENE): Many counties use this ADR process for custody and financial issues
• Discovery: Exchange of financial documents and information (months 2-5)
• Trial: Permanent orders hearing if settlement fails

The Financial Difference: Cost Breakdown

The cost difference between uncontested and contested divorce in Minnesota is substantial—often tenfold or more.

Court Filing Fees

Minnesota filing fees vary by county (base fee plus local law library fee). As of 2025:

• Hennepin County: $402
• Ramsey County: $380
• Rice County: $405
• eFile processing fee: $5 (optional for self-represented parties)
• Motion fee: ~$100 per motion

Fee waivers are available under Minn. Stat. ch. 563 if your income is at or below 125% of poverty level or you receive public assistance.

Total Uncontested Divorce Costs

Uncontested divorces in Minnesota typically cost $500 to $3,000 when handled without attorneys, or $3,000 to $8,000 with limited attorney assistance:

• Court filing fees ($380-$405)
• Document preparation help ($500-$1,500 if using online services)
• Parent education class ($25-$100 if children involved, waived if IFP granted)
• Notary and copying ($50-$100)

Total Contested Divorce Costs

Contested divorces in Minnesota average $10,000 to $35,000+ per person. Additional costs include:

• Attorney fees: $250-$450 per hour; full representation often requires 40-100+ hours
• Mediation: $200-$300 per hour; total mediation often $2,000-$6,000
• Early Neutral Evaluation (ENE): Varies by county program
• Custody evaluations: $3,000-$8,000 for comprehensive assessment
• Expert witnesses: Business valuations $3,000-$10,000+

Cost-Saving Tip: Minnesota courts encourage Early Neutral Evaluation (ENE), which provides confidential, neutral feedback on custody and financial issues at a fraction of trial costs. Learn more about cost comparisons in our divorce battle or mediation cost guide.

Need a Detailed Cost Comparison?

Our planning tool itemizes every Minnesota divorce expense side-by-side—uncontested vs. contested filing fees, ENE costs, custody evaluations, attorney retainers, and mediation—so you can see exactly where the $500–$3,000 vs. $10,000–$35,000+ gap comes from. Get your detailed comparison free →

Summary Dissolution: Minnesota's Fastest Option

Minnesota offers a streamlined "summary dissolution" under Minn. Stat. § 518.195 for couples meeting strict criteria:

• Married under 8 years
• No living minor children and neither spouse pregnant
• No real estate ownership
• Total marital assets ≤$25,000 (including net auto equity)
• Marital debts ≤$8,000 (excluding car loans)
• Neither spouse has nonmarital assets exceeding $25,000
• No domestic abuse by either spouse

If you qualify, file form DIV202 and the court administrator must enter your decree exactly 30 days later—the fastest divorce option in Minnesota.

Which Path Is Right for Your Situation?

When Uncontested Makes Sense

• Both spouses agree on property division, support, and parenting
• You have straightforward finances without complex assets
• Both parties disclose all financial information honestly
• You want to minimize costs and emotional stress
• You can communicate well enough to complete paperwork together

When Contested Is Unavoidable

• Safety concerns: Domestic violence makes negotiation dangerous
• Financial dishonesty: You suspect hidden assets or undisclosed income
• Custody disputes: Serious disagreements about parenting decisions
• Complex assets: Businesses or investments requiring expert valuation
• Fundamental disagreement: One spouse refuses reasonable negotiation

Note: Minnesota courts must not require mediation when there is probable cause of domestic abuse. The divorce summons explicitly states that domestic violence survivors are not required to attempt mediation under Minn. Stat. § 518.619.

Making Your Decision

The choice between uncontested and contested divorce in Minnesota dramatically affects your timeline (2-6 weeks vs. 6-12+ months), costs ($500-$3,000 vs. $10,000-$35,000+), and emotional experience. Whenever possible, uncontested divorce offers significant advantages.

However, don't sacrifice your financial security or children's wellbeing to avoid a contested process. If genuine disagreements exist or you suspect dishonesty, proper legal representation may be essential to protecting your interests.

For complete filing instructions, see our Minnesota divorce filing checklist.