An uncontested divorce in Minnesota is one in which the couple has reached an agreement on all issues, including custody of the children, parenting time schedules, child support and the division of assets and debts. The couple has no unresolved issues because they have discussed and resolved how they want to divorce, perhaps as part of mediation. Even with an uncontested divorce, it’s a good idea to consult with a Minnesota divorce attorney to review the full settlement to ensure the agreement is fair and equitable and that no items are missing, potentially causing problems later.
Approximately 10 forms, totaling 60 to 70 pages of documentation, are necessary to complete a divorce in Minnesota.
COMMON QUESTIONS ABOUT UNCONTESTED DIVORCE
Can an uncontested divorce be a do-it-yourself divorce?
Yes. A DIY divorce typically involves two elements:
- Both parties must be amicable. This means you and your spouse get along and are willing to work together to determine custody and parenting time, where everyone is going to live, finances and more.
- One or both of the parties completes the necessary documents to start and complete the divorce process from the Minnesota Judicial Branch at https://www.mncourts.gov/GetForms.aspx?c=15.
Many people are overwhelmed at this stage trying to negotiate an agreement on all the issues in a divorce and completing the paperwork to finalize a Minnesota divorce. This is where the DIYdivorce video applies – it provides the guidance necessary to understand how to get divorced in Minnesota.
How can I get an uncontested divorce?
An uncontested divorce requires each person to be willing to settle outside of court. It requires the parties to be civil and work together or through attorneys, if any, to reach an agreement to prevent a judge from having to make important decisions which you may not like and agree with the outcome.
Consider purchasing the DIYdivorce video to determine if your divorce can be handled as uncontested and what time and costs would be involved.
How long does an uncontested divorce take?
Minnesota court rules require that if the parties have minor children and one or neither of the parties has an attorney, one court appearance is required for the judge to discuss the divorce agreement with them. The judge must determine whether the division of debts and assets is fair and equitable and their agreement is in the best interests of the children. An uncontested divorce with children can be completed in about two to four months depending on how busy the court calendar is for the county where the divorce is to be held.
If the couple has no minor children and wants to proceed to an uncontested divorce, no court hearing is required. The judge signs the paperwork to finalize the divorce which is mailed or emailed to each of the parties showing the divorce is granted. An uncontested divorce with no minor children can be completed in one to three months depending on how busy the court calendar is for the county where the divorce is to be held.
In both cases, the parties are wise to have a family law attorney review the uncontested paperwork to ensure that it is completed correctly and to identify any unaddressed legal issues. This reduces the possibility of having to return the court in the future to fix problems.
How is an uncontested divorce filed?
An uncontested divorce is filed when divorce paper documents are delivered to the Court Administration Office in the Minnesota county where the divorce is taking place. Minnesota courts provide the necessary forms for parties to complete. Once the forms are complete, one or both parties can either mail, hand-deliver or electrically file the documents with the Minnesota Court Administration Office in the county where the divorce is being held.
How much does an uncontested divorce cost?
The least expensive divorce in Minnesota is the result of doing as much of the work yourself. The Minnesota court system generally charges $375 for the parties to file an uncontested divorce. However, some counties may add additional fees. Parties using mediation to help them finalize an uncontested divorce will pay $500 to $2,000 for this service.
Retaining an attorney to draft all the documents to complete a divorce may cost $2,000 to $3,000.
The DIYdivorce video is a powerful tool in any uncontested divorce. One or both of the
parties may consider consulting with a family law attorney to discuss the uncontested divorce process, Minnesota divorce laws and how a potential settlement affects their rights to avoid returning to court to fix divorce inconsistencies or problems.
Are uncontested divorces the fastest way to get divorced?
Yes. You and your partner working amicably on your divorce together eliminates waiting for a judge to schedule your case for Trial. But a quick divorce does not always mean a correctly done divorce. Legal issues can be missed and mistakes in the paperwork can occur possibly causing the divorce to be reopened. It is best to not rush the process.