UNCONTESTED DIVORCE IN MINNESOTA

Two business professionals, a man and a woman, smiling and giving each other a high five in an office setting with a brick wall and large window in the background.

What Is an Uncontested Divorce?

An uncontested divorce involves mutual agreement of all terms of the divorce including:

  • Division of marital property – How marital assets (retirement accounts, bank accounts, investment accounts, collectibles), debts (credit cards, personal loans, promissory notes), and real estate (homestead, land, vacant land, cabins) are split.

  • Child custody and parenting time – Where children will live and how parenting responsibilities are shared.

  • Child support – Determining financial support for the children including basic support, medical support, and child care, following Minnesota state guidelines.

  • Spousal maintenance (alimony) – Whether one spouse will provide financial support to the other in the form of transitional support or indefinite support.


Unlike a contested divorce, an uncontested divorce involves a collaborative approach in reaching equitable resolution without need for trial. The collaborative process involves direct negotiation between the parties or through alternative dispute resolution methods such as mediation. The purpose is to avoid lengthy drawn-out legal battles.

Uncontested Divorce Process in Minnesota

Step 1: Filing the Divorce Petition

One spouse files a Petition for Dissolution of Marriage with the court in the proper county. Sometimes a spouse may choose to draft and serve the Petition for Dissolution of Marriage without filing with the court, which permits time to resolve all matters without court involvement until a complete agreement is reached.

Step 2: Drafting a Settlement Agreement

A Stipulated Finding of Facts, Conclusion of Law, Judgment and Judgment and Decree is drafted outlining the terms of the agreements reached. Both spouses must sign the stipulation before submission to a Minnesota Court.  

Step 3: Court Review and Approval

In most cases, the court may review the settlement agreement and issue a final divorce decree without a court hearing. Sometimes a court may require a hearing to confirm both parties’ understanding of the agreements, clarify terms of the agreement, or determine whether the agreement is fair and equitable as required by Minnesota Law.

Do You Need a Lawyer for an Uncontested Divorce?

Even if agreements are reached, hiring a Minnesota family law attorney ensures:

  • All legal documents are correctly drafted and filed to avoid delays.

  • Rights and obligations are fully understood prior to signing an agreement.

  • Settlement is enforceable, reducing the risk of future disputes that may arise.

  • Hidden assets or inequitable and unfair terms are identified preventing unnecessary litigation in the future.

As a cautionary point: Do-It-Yourself Divorce can result in serious costly mistakes. Corrections necessary may require unanticipated future litigation for both parties. A DIY Divorce may expose a party to coercive tactics of the other spouse. Working with an experienced family law attorney ensures your rights are considered, properly explained, enforceable, and equitable throughout the divorce process.