Uncontested Divorce in Minnesota
If the couple fails to find common ground regarding divorce-related issues, such as spousal support, child custody, and division of marital property, they can end their marriage as a contested divorce.
Couples that manage to reach a mutual agreement on terms of the dissolution of marriage have the opportunity to terminate their relationships legally through an uncontested divorce. According to Minnesota laws, there are two types of uncontested divorce available in the state.
- Summary dissolution
- Dissolution by joint petition
Summary dissolution is the simplest way to end a marriage, as the divorce can be granted within 30 days after the person files a divorce petition. The couple should meet some requirements to be eligible for this type of divorce, including:
- no minor children are involved
- marriage has lasted for less than eight years
- the cost of marital assets is no more than $25,000
If spouses fail to meet at least one requirement, they can still apply for an uncontested divorce through dissolution by joint petition.
Get Your Divorce Forms Completed Online
DivorceOnline is one of the best Internet tools for helping people prepare appropriate divorce forms that comply with local laws. For as little as $139, we guide our clients through the entire process of selecting and filling out divorce paperwork. Besides, each person using our online divorce service receives written instructions on how to file.
All you have to do is complete a simple questionnaire to provide information about the marriage, spouses, divorce conditions, and any dependents under 18. In a matter of two business days, our clients can download ready-to-sign divorce forms.
We are ready to help you with all the necessary divorce forms, including:
- Summons
- Petition for the Dissolution of Marriage
- Marital Termination Agreement
- Parenting Plan
- Certification of Representation and Parties
- Scheduling Information Statement
- Application for Temporary Relief
- Default Scheduling Request
- Certificate of Dissolution
Keep in mind that we do not provide legal advice. However, we navigate our customers throughout the whole process of divorce papers preparation. In other words, even people with poor knowledge of family law can easily generate appropriate divorce documents.
Getting a Divorce With Children
Under Minnesota law, there are two types of child custody allowed in the state: legal and physical custody. Legal custody is the right to make important decisions for the child, and physical custody means providing a home for and taking care of the child on a day-to-day basis.
Additionally, Minnesota accepts sole and joint custody. In terms of joint custody, both parents have maximum involvement in the lives of their children. Sole custody means that main decisions can only be made by one parent. In some cases, a judge may grant a mix of sole and joint custody. Unless either parent’s parental rights have been terminated, all kinds of custody can be reviewed at the court.
If the spouses resolve child-related issues independently, they must include their agreements in Parenting Plan and submit this document to the court. Otherwise, the judge will make the final decision based on the following factors:
- child's age
- preferences of the child
- the child's attachment to the home, school, and community
- parents' wishes
- physical and mental health of both parents
- financial status of both parents
- the child’s relationships with other family members
- history of abuse or domestic violence
When making an order related to child custody, Minnesota courts follow the child's best interests. In other words, to get both residential responsibility and decision-making responsibility over the lives of minor children in Minesota, parents should be a perfect fit for the majority of terms listed above.
As for child support, Minnesota Child Support Guidelines apply in almost all cases, barring exceptional circumstances. Following these guidelines, child support is "based on the combined gross income of both parents and is allocated based on each parent's proportionate share of the combined parental income for child support." Besides, the number of children, the children's portion of the cost of medical and dental insurance, and each parent's percentage of parenting time must also be considered.
Filing for Divorce in Minnesota Without a Lawyer
If a person needs legal advice, they can always hire a qualified attorney. However, people going through an amicable route have the opportunity to end their marriage without the involvement of legal representatives. For example, the full set of divorce papers can be prepared with the help of online divorce providers. Moreover, even if the spouses have some disputes but are willing to negotiate, they can still avoid the stress of court by participating in divorce mediation. Mediation allows couples to reach a mutual agreement about property or child-related issues and pursue an uncontested divorce.
Do-It-Yourself Divorce in Minnesota
- People representing themselves in court are called "self-represented litigants" in the state. A DIY dissolution of marriage can significantly save money and time otherwise spent scheduling multiple meetings with attorneys and discussing the divorce terms.
- Even though the court's mandatory filing fee typically can't be avoided, DIY divorce can help save around $5,000-10,000 (the average cost of divorce with the assistance of an attorney in Minnesota).
- As an alternative, residents of Minnesota can hire an online divorce company, such as DivorceOnline, to help prepare appropriate documents for an affordable price. This option helps save time, too, as attorneys usually ask for at least one week. While, with DivorceOnline, people can download completed forms in 2 business days.
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Frequently Asked Questions:
An uncontested divorce can take as little as four to six weeks to finalize. People failing to find a mutual agreement regarding their divorce usually need to wait much longer (from six months to over a year).
Apart from filing fees (approximately $400.00), residents of this state are not required to release any other payments. However, if the person prepares divorce papers online with DivorceOnline, it will cost an additional $139. People using attorney's services will have to pay over $5,000 for getting assistance during the filing process.
If a person is at or below 125% of the Federal poverty level, they can apply for a waiver. In addition to the waiver form, it is essential to provide proof of financial hardship. The judge will review these documents and decide whether a specific person qualifies for this option in the state.
Each divorce case is unique, which is why required forms may differ from couple to couple. Currently, the most commonly filed papers in the state are Summons, Petition for the Dissolution of Marriage, and Marital Settlement Agreement.
At the same time, people living in Minnesota should be prepared to submit:
- Parenting Plan
- Admission of Service
- Affidavit of Non-Military Status
- Stipulated Findings of Fact
- The Certification of Dissolution
- The Certificate of Representation (even if people are representing themselves)