Whether your relationship ended quickly or slowly, or you are just beginning to discern whether ending your relationship is the right thing to do at all, divorce is a difficult process. It requires you to face a tremendous life transition while also adjusting your schedule, finances, future expectations, and many other things. It is normal to feel anxious, angry, sad, afraid, hopeful, or a mixture of many emotions.

It is possible to go through the divorce process with minimal stress, anxiety, and tension. Having an attorney you can turn to can make the process easier. There are many ways to reach your goals and MinneLaw strives to provide clarity and help find the best solutions for you and your family in difficult times. One of the most effective ways to minimize stress and anxiety about your divorce is to use the Collaborative process. You can learn more about the Collaborative process on the Collaborative Law page.

Divorces are often labeled with or without children. This is because Minnesota law has special procedures when the divorcing couple has minor children. The major differences are outlined below.

Divorce with Children. If you and your spouse have minor children, you will likely be required to make at least one court appearance. Judges often heavily scrutinize divorce cases with children. So, even if you and your spouse agree on all issues related to your child, a judge may still reject the agreement. Additionally, if you or your child are receiving public assistance, you will need to submit your agreement to the county attorney for their review and approval prior to sending the agreement to the judge.

Divorce without Children. If you and your spouse do not have minor children and you agree on all issues, Minnesota law allows you to be divorced without a court appearance. Generally, divorces without minor children present fewer issues and are easier and quicker to settle.

Can I schedule a divorce consultation if I’m not sure I’m ready for a divorce?

Yes, absolutely. MinneLaw can help you make informed decisions and develop a plan of action, whether divorce is on or off the table.

How much will a divorce cost?

This common question is difficult to answer. The good news is, it’s almost entirely up to the couple getting divorced. That is because more amicable divorces make the process quicker and cheaper. Some divorces may even be done for a flat fee, plus court filing fees. Court filing fees for marital dissolutions are approximately $400. See here for current pricing. You may qualify for a waiver or reduction of court fees if you are at or below 125% of the federal poverty level or are on certain forms of public assistance.

I’ve heard Minnesota is a no-fault divorce state. What does that mean?

Traditionally, you needed an officially-recognized reason to be divorced, such as adultery, abandonment, insanity, etc. This requirement often caused needless conflict and finger-pointing. Beginning in the 1970s, states began to adopt “no-fault” divorce laws, which removed these contentious requirements. Instead, Minnesota now only requires that there has been an irretrievable breakdown of the marriage relationship for the parties to get divorced.

My spouse doesn’t live in Minnesota. Can I still get a divorce here?

Yes. Minnesota does not require both spouses be Minnesota residents or live in Minnesota to file for divorce. However, the filing spouse must have been living in Minnesota for 180 days prior to filing for divorce.