The short answer: an uncontested divorce typically takes about 4 to 8 weeks to finalize, while a contested divorce can take 6 months to 2 years to finalize.
To determine a realistic timeline for a divorce in Minnesota, you’ll need to take into account how much you and your spouse agree on the terms of your divorce. You will have to resolve issues such as how property should be divided, who should be responsible for debt, what the custody arrangements should be, how much should be paid in child support, and more.
If you and your spouse agree on the terms of the divorce (or if you signed a prenuptial agreement), the process will be faster. But if your case goes to a court trial, it will take longer.
What factors determine the length of a divorce in Minnesota?
The length of a divorce depends on how much you and your spouse agree on. Issues that will need to be resolved include:
- Child custody and visitation: Disputes over parenting time significantly extend proceedings
- Child support & alimony: Financial disagreements often require mediation
- Asset division: Dividing high-value assets or property, uncovering hidden assets
- Debt allocation: Assigning responsibility for shared liabilities
If you and your spouse can reach an agreement on all of the points listed above by yourselves, your divorce is considered uncontested.
If you can't agree on one or all of the above points, your divorce will be contested. And because you will either need to go into mediation or take your case to trial, the process will take longer.
Sometimes, divorces can be slowed down by factors outside your control — for example, court availability can vary, affecting how quickly your case can be heard.
How can you speed up the divorce process?
There are two ways to speed up the divorce process:
- Be willing to compromise — the more you're willing to bend, the faster your divorce is likely to be
- Hire a mediator or an attorney who can facilitate an agreement
The first option might allow you to solve your dispute outside of trial. However, it might also mean that you end up with an arrangement that isn't equitable.
Working with a mediator or an attorney is the best way to ensure your divorce is equitable and fair.
What are my options for an uncontested divorce in Minnesota?
If your divorce is uncontested, you and your spouse have two options: a summary dissolution or a dissolution by joint petition.
A summary dissolution allows you to get a divorce in 30 days. The process is simple, accelerated, and doesn’t require you to set foot in a courtroom. However, you must meet strict requirements to be eligible:
- Marriage length: Less than 8 years
- No children: No minor children born/adopted during the marriage; neither party is pregnant
- Asset limits: Marital assets must be worth less than $25,000
- Debt limits: Unpaid debts (excluding car loans) must be under $8,000
- Real estate: Neither spouse can own real estate
- Abuse: There must be no history of domestic abuse
A dissolution by joint petition is the best option for spouses who agree on all the issues in their divorce, but don’t meet the stringent requirements to get a summary dissolution. You and your spouse must:
- Complete and sign all the relevant paperwork together
- Outline the details about your finances, property, debts, and expenses
- Wait for a judge to issue the final divorce decree
If you do not have minor children, or if you and your spouse are both represented by an attorney, you may not have to attend a hearing.
Frequently Asked Questions (FAQs)
Does Minnesota have a mandatory waiting period or require separation before divorce?
No. While some states mandate waiting periods for divorcing couples or require couples to legally separate before divorcing, there is no waiting period or mandated separation period required before you can file for divorce in Minnesota.
What requirements do you need to meet before you can get a divorce?
You must have resided in Minnesota for at least 180 days to file for a divorce in the state, unless one spouse is a military member and has kept their Minnesota residency.
Do you have to prove a spouse did something wrong to get a divorce?
No, you don't have to prove your spouse did anything wrong or get your partner's consent before you can file for divorce. "No fault" divorce is legal in all 50 states, so no matter where you live, it is sufficient to simply allege that there has been an “irretrievable or irremediable breakdown of the marital relationship.” By law, there need be no further basis for a divorce.
How is a divorce finalized in Minnesota?
A divorce can be finalized once both parties come to an agreement on the terms of the divorce. Then, a divorce agreement can be drafted. Once a judge approves this, it becomes a Decree of Dissolution of Marriage, or "divorce decree".
Can one attorney represent both spouses?
No, an attorney cannot represent both parties in divorce cases. To do so would represent a conflict of interest. Nonetheless, if a divorcing couple has reached a comprehensive agreement, it is possible for one spouse to hire an attorney to prepare the paperwork. In such cases, the attorney only represents one spouse and is unable to provide legal advice to the other spouse. The unrepresented spouse must sign a Waiver of Independent Legal Counsel to acknowledge the waived right to counsel.
How much does a divorce cost in Minnesota?
You will have to pay a filing fee when submitting your divorce forms. If you can’t afford the filing fee, you can request a fee waiver. If you have a contested divorce, you will also need to pay for help from a mediator and/or an attorney. The longer your divorce takes, the more costly it will be.
For these reasons, many people are intent on getting a divorce finalized as quickly as possible to keep costs low. However, for divorces involving children, high-value assets, or any other high-stakes issues, you shouldn’t make unnecessary sacrifices or concessions in a rush to reach a resolution. Once a divorce is finalized, it is extremely difficult to make changes to the divorce decree.
Taking the time upfront to ensure you reach an equitable arrangement is well worth the time and money in the long run, especially if it means the difference between having joint custody of your children, having sufficient alimony, or having an equitable division of your assets.
Working with a lawyer ensures that your rights are being considered during your divorce process and that both parties receive what is fair. A lawyer can even be hired just to review your settlement agreement to make sure it protects your rights and interests.
If you have questions about how a lawyer can help you with your Minnesota divorce process, send us a message here. We’ll schedule a free, confidential consultation with you to answer any questions you may have so you can determine if working with an attorney is right for you.
About the author
This article is provided by DeAnne Dulas, a family law attorney who has spent the past 20 years focused exclusively on divorce, custody, and related family law matters. Recognized as a Rising Star by Minnesota Law and Politics in her early years of practice, she has exceeded that expectation.
DeAnne’s unwavering loyalty to her clients and tireless commitment to their success has earned her the highest level of respect among lawyers and judges alike.
