How to File for Uncontested Divorce in Minnesota
Uncontested Divorce In Minnesota is often thought of as a way to streamline the divorce process. However, there are actually several different types of simplified divorce procedures in the state, and uncontested divorce in Minnesota could be used to describe any of them. Carefully decide which process is best for you.
Minnesota Summary Dissolution Procedures
This is perhaps the most streamlined type of uncontested divorce in Minnesota, but several conditions have to be met for you to qualify for it. Those conditions are:
• No minor child has resulted or will result from the marriage, unless the child in question was fathered by a man other than the spouse;
• The two spouses have been married for less than eight years at the date of the filing;
• Neither spouse was the victim of domestic abuse;
• The total value of property owned by both spouses must be no more than $25,000;
• Individual non-marital property possessed by each spouse must be worth less than $25,000;
• There is less than $8,000 worth of debt owed by both parties;
• No real estate is owned by either spouse.
There are only two forms required for this uncontested divorce in Minnesota procedure. They are:
• Summary Dissolution Form—A 13 page document requiring financial and identification information from both spouses, as well as their plans for the distribution of joint property. You can access and print it here:
• Confidential Information Form—This short document just requests additional information about the parties for the court’s records. Print it here:
You must sign the Summary Dissolution form in front of the deputy court administrator, and then, after making copies of both documents, file them with the Court Administrator. After this, there is a 30 day waiting period, after which you should receive your Decree of Dissolution by mail, and only then will your Minnesota uncontested divorce by Summary Dissolution be final.
True Uncontested Divorce in Minnesota
An uncontested divorce in Minnesota is available to couples who do not qualify for Summary Dissolution, probably because they’ve either had children together or they have assets worth too much.
Only one party in the marriage will file for the uncontested divorce in Minnesota. They will need to file a Petition for the Dissolution of Marriage which identifies themselves and states the facts regarding their dissolved marriage, as well as a Summons for the other party, called the Respondent, to reply to their Complaint. The response can be done with an Answer that confirms all the terms in the Complaint are true.
They will also have to sign an Admission of Service, without which the uncontested divorce in Minnesota could not continue. A “pure” is the term for when no response is gotten from the Respondent. In this case, all of the claims of the Petitioner will be accepted by the Judge.
A hearing will be schedule and held when the judge will read over the relevant documents and either approve or disapprove them, after which time the uncontested divorce in Minnesota will be finalized.