Q: Do you agree with your spouse’s requests in the Petition?
IMPORTANT! Talk to an attorney
- If you agree with what your spouse is requesting in the Petition, even if some of your information may not be complete, you can work together to finish your divorce. You will need to work with your spouse to complete any missing or incorrect information and then sign the Stipulated Findings of Fact and Decree to finalize your divorce.
- If you do not agree with the requests in the Petition and you want to present your side of the case to a judge, you must complete and serve an Answer and Counterpetition on your spouse. Click the link in the table below to download and print the Answer forms packet.
- Later in the process, if you can reach an agreement with your spouse, together you can sign and file a Stipulation (agreement) form to finish the case.
about your legal rights and how an agreement will affect you before you sign anything. If you have been physically or emotionally abused by your spouse, be careful when trying to reach an agreement on the divorce. Your safety is most important.
Mediation resources are available at Settle Out of Court (ADR)
Q: Do you have minor children with your spouse?
- Use the “With Children” court forms if:
- You and your spouse have minor children together (under age 18 or 18 but still in high school). This includes biological and adopted children; or
- One spouse is pregnant; or
- A child was born during the marriage from another relationship. MN law presumes that a husband is the father of a child conceived or born during the marriage to the wife.
EXCEPTION: If paternity was established either by court order or by signing a Recognition of Parentage AND Spouse’s Non-Paternity Statement you may file for a divorce without children if no other joint children or spouse is not pregnant.
If you are not sure, you should talk with an attorney for legal advice.
- Use the “without children” forms if:
- You and your spouse do not have a minor child together (biological or adopted);
- Neither spouse is pregnant; and
- Neither spouse gave birth during the marriage to a child from another relationship
Click a link in the table below to create your divorce forms: