UNCONTESTED DIVORCE IN MINNESOTA

What Is an Uncontested Divorce?

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

  • Division of marital property – How marital assets (retirement accounts, bank accounts, investment accounts, collectibles), debts (credit cards, personal loans, promissory notes), and real estate (homestead, land, vacant land, cabins) are split.

  • Child custody and parenting time – Where children will live and how parenting responsibilities are shared.

  • Child support – Determining financial support for the children including basic support, medical support, and child care, following Minnesota state guidelines.

  • Spousal maintenance (alimony) – Whether one spouse will provide financial support to the other.


Unlike a contested divorce, where spouses disagree on one or more issues requiring court intervention, an uncontested divorce includes cooperative parties desiring equitable resolution without need for trial. Typically, the process for uncontested divorce matters includes a collaborative divorce, which involves direct negotiation between the parties individually or help through alternative dispute resolution methods such as mediation. The purpose is to avoid lengthy drawn-out legal battles while finding peaceful resolution that reduces stress and costs for both parties and their family.

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 has resided in for more than 180 days in Minnesota. Sometimes the spouse may choose to draft and serve the Petition for Dissolution of Marriage and not file it with the court to provide time for negotiating instead before requesting court involvement.

Step 2: Drafting a Settlement Agreement

A Stipulated Finding of Facts, Conclusion of Law, Judgment and Judgment and Decree is drafted outlining how property, child 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, the court will review the settlement agreement and issue a final divorce decree. The court may issue the final divorce without requiring a court hearing. However, some courts may require a short court appearance to confirm both parties’ understanding of the agreements and determine whether the agreements are fair or equitable under the circumstances as required by Minnesota Law.

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 that may arise.

  • Hidden assets or inequitable and unfair terms are identified before finalizing the divorce preventing you from unnecessary litigation in the future.

Many individuals attempting a Do-It-Yourself Divorce can result in serious mistakes that are extremely expensive to correct or lead to unanticipated future legal nightmares for both parties involved. Additionally, if you are working with a coercive spouse, it may be impossible for you to determine your rights independent of your spouse. This also makes it difficult for you to properly fight for equitable resolutions without input from an attorney. Working with an experienced family law attorney ensures 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: