UNCONTESTED DIVORCE IN MINNESOTA

What Is an Uncontested Divorce?

An uncontested divorce is one that is either unopposed to on all matters or one involving little to no disagreements, which means that both spouses have reached a mutual agreement on most, if not all, all key issues, including:

Division of property and assets – How marital assets, debts, and real estate are split.
Child custody and parenting time – Where children will live and how parenting responsibilities are shared.
Child support – Determining financial support for children, following Minnesota state guidelines.
Spousal maintenance (alimony) – Whether one spouse will provide financial support to the other.
Debt division – Assigning responsibility for shared debts, including loans and credit cards.

Unlike a contested divorce, where spouses disagree on one or more issues and require court intervention, an uncontested divorce includes cooparative parties desiring equitable resolution without need for trial. Typically, the process for uncontested divorce matters includes negotiation, mediation, and agreement. The purpose is to avoid lengthy drawn-out legal battles while finding peaceful resolution that reduces stress and costs for both parties.

Uncontested Divorce Process in Minnesota

Step 1: Filing the Divorce Petition

One spouse (the petitioner) files a Petition for Dissolution of Marriage with the court situated in the proper county in which a party resides in Minnesota.

Step 2: Drafting a Settlement Agreement

A Stipulated Finding of Facts, Conclusion of Law, Judgment and Judgment and Decree outlines how property, custody, child support, and spousal maintenance will be handled. Both spouses must sign the stipulation before submitting it to the Minnesota Court. 

Step 3: Court Review and Approval

In most cases, a judge will review the settlement agreement and issue a final divorce decree without requiring a court hearing. However, some judges may require a short court appearance to confirm both parties’ understanding of the agreements so reached and determine whether the agreements are fair or equitable under the circumstances.

Do You Need a Lawyer for an Uncontested Divorce?

Even if you and your spouse agree on everything, hiring a Minnesota family law attorney ensures:

  • Your legal documents are correctly drafted and filed to avoid delays.
    You fully understand your rights before signing an agreement.

  • Your settlement agreement is enforceable, reducing the risk of future disputes.
    Hidden assets or inequitable and unfair terms are identified before finalizing the divorce.

Many individuals attempting a Do-It-Yourself divorce can make serious mistakes that are extremely costly to correct or lead to unanticipated future legal nightmares for both parties involved. Working with a lawyer helps ensure your rights are considered, properly explained, enforceable, and equitable throughout the divorce process.

If this does not apply to you, please review our other services or additional resources pertaining to divorce.

For a full list of our services pertaining to divorce (dissolution of marriage), see below: