Freqently Asked Questions - Divorce/Dissolution

Yes. Generally, personal service is required to start a divorce. This means having a third party, who is over the age of 18, hand deliver a copy of the paperwork to start a divorce to your spouse.

However, if you do not know where your spouse is or how to contact them, you can ask the judge for permission to have your spouse served some other way. This is called “Service by Alternate Means.” Please note that you must file paperwork with the court to ask for service by alternate means. See the packet of forms and instructions for Service by Alternate Means for more information.

The first step is deciding which forms are right for your situation. Which set of forms you use depends on two questions:

Do you and your spouse have an agreement and are working together to ask for a divorce?
Do you have minor children together or is either spouse pregnant or gave birth to a child from another relationship during the marriage?

You can use Minnesota Guide & File to create the forms you need to Start a Divorce in MN. This online interview helps you decide what type of divorce to file based on your answers and creates all of the forms needed to start a divorce case. This includes a Divorce with Children, Divorce without Children, Joint Divorce with Children, or Joint Divorce without Children.

If you are not interested in using the online Guide & File interview, you can instead use the forms available on the Minnesota Judicial Branch website to start your divorce. Either option includes the forms you need and step-by-step instructions. Go to the “Forms” tab for more information.

Real estate means land and buildings or other improvements that are permanently attached to the land. Real estate can include:

A house, condo, or land owned by either one or both spouses, or with other people bought or inherited before or after the marriage.
A timeshare;
Investment property, like rental apartments;
Land and buildings owned by a business which is owned by one or both spouses;
Property being purchased or sold on a contract for deed;
"Remainder interest" in property (for example, in an estate plan, a parent could leave her house to her children, reserving a "life estate" for herself. The parent has the right to live in the house during her lifetime, and the children have a "remainder interest" during her lifetime. The remainder interest must be included in the divorce papers); or
Any other real estate that either spouse has an ownership interest in, no matter when it was purchased or received.

Yes. In your divorce forms, you must list all real estate owned by:

You;
Your spouse;
You and your spouse together; or
You and your spouse with other people (like a friend or relative).

This includes real estate in Minnesota and outside of Minnesota.

If you and/or your spouse have an interest in real estate, you are strongly encouraged to talk to an attorney before signing divorce forms. Real estate is often the most valuable asset to be divided in a divorce. If you or your spouse own real estate, it is critical that you talk to an attorney before you sign paperwork related to how the real estate will be divided.

A legal description of property is a formal, detailed description used to identify pieces of real estate in a very specific format. This is different than your address. You need to use the exact legal description from your deed. You should not use a description from your property tax documents. If you are unsure if you have the correct legal description, call the County Recorder/Examiner of Titles office in the county where your property is located.

Possibly; it depends on your situation. Real estate forms are not published by the Minnesota Judicial Branch. However, you can find most real estate forms on the Minnesota Dept. of Commerce website (also called Uniform Conveyancing Blanks), including (but not limited to):

Summary Real Estate Disposition Judgment (Minnesota Judicial Branch instructions describe how to use this form);
Quit Claim Deed;
Liens; and
Contract for Deed.

You are strongly encouraged to talk to an attorney if you have questions on whether you need other real estate forms or how to fill them out.

What financial documents you may need depends on whether you are filing for a divorce with or without children.

With Children: If you are filing for divorce and have minor children with your spouse, or if you are requesting spousal maintenance, you are required to attach financial documentation to show your income. This is true even if you and your spouse agree on everything in the divorce.

What you decide to attach is up to you. Common documents people attach are pay stubs or recent tax returns. When you attach financial documents, you need to file Form 11.2 Confidential Financial Source Documents to keep your financial documents confidential from the public.

Without Children: If you are filing for divorce without children and you are not requesting spousal maintenance, you are not required to attach financial documentation.

Yes. Even when parties agree that child support should be reserved (to not exchange child support at this time), or that there should be no child support ordered, the court still needs to see proof of income and may still order one party to pay child support. According to Minnesota law, a child has the right to be supported by both parents, and the court has to consider what is in the best interest of the joint child(ren).

Most courts give parties the opportunity to work with independent evaluators soon after the case is filed to see if they can reach an agreement about any contested issues in the case. These issues could include custody, parenting time, and the division of money and property.

There are two types of ENEs. Financial ENE (FENE) helps the parties settle financial disputes, and Social ENE (SENE) helps the parties settle custody and parenting time issues involving their children. To learn more about this process, read the ENE Fact Sheet or visit the ENE Help Topic page.

A divorce can get complicated if the parties have property (real estate, automobiles, vacation property, pensions, jewelry, etc.) or minor children. Usually, the divorce can be done more quickly if the spouses agree on how to divide the property and handle custody and parenting time with the children. Many cases start with a lot of disputes, but then the parties are able to reach an agreement. Parties often reach agreement after using Early Neutral Evaluation (ENE) or alternative dispute resolution (ADR) services outside of court.

For more information, visit the Settle Out of Court Help Topic page.

NOTE: If you feel threatened by or unsafe with the other party, you may want to get legal advice or help from an advocate before using ADR.

A QDRO is used when the parties in a divorce need to split a retirement plan (such as a 401(k), 403(b), or pension plan) as part of a property settlement. It is a court order that gives the retirement plan administrator the authority to give money from the account to someone other than the named owner.

The MN Judicial Branch does not publish a QDRO form because the language needed to split a retirement account is unique to each plan. If you need a QDRO, you can start by reaching out to the plan administrator to ask whether they have sample language or forms they can send you that will work for your plan. If they do not, you can get help from an attorney with drafting a QDRO.

Divorce/Dissolution

Frequently Asked Questions

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Divorce/Dissolution

Frequently Asked Questions

Can I file for divorce in Minnesota?

Do I have to be a U.S. citizen to file for divorce in MN?

How long does the divorce process take?

Do I have to have an attorney to get divorced?

Can I get divorced if I don’t know where my spouse is located?

How do I start my divorce?

Do I have to file for a divorce with children if I have a child from a relationship before my marriage?

If my spouse and I are in agreement on all issues and we do not own anything jointly, do we have to fill out the asset and liability attachments?

What is real estate?

Do I have to list real estate on the forms if I owned it before the marriage?

What is a legal description of property and where can I get it?

Are there other forms needed if there is real estate involved?

What financial documentation do I have to include with my paperwork?

Do I have to include financial documentation if my spouse and I have agreed to waive child support?

Can I electronically sign my divorce forms?

Do the forms have to be notarized?

How can I file my forms?

Do both spouses have to come to the courthouse to file the paperwork?

How much does it cost to get divorced?

When do I have to pay the filing fee?

What forms of payment are accepted by the court?

How many court hearings will there be?

What is Early Neutral Evaluation (ENE)?

What if my spouse and I want to settle?

Can I legally change my name through a divorce?

Am I required to take a parenting education class as part of the divorce?

What is a Qualified Domestic Relations Order (QDRO)?

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