To file for divorce in Minnesota you must file a Summons and a Petition for Dissolution of Marriage with the Clerk’s Office of the county court. Although the exact filing fee will depend on the county in which you file, Minnesota has some of the highest in the nation with the average around $400. Whether or not you are representing yourself, you must also file a Certificate of Representation.
“ A thousand kudos to you and your professional staff and excellent service. Without your help I would have spent thousands of dollars for no good reason. The documents were prepared without flaw, and my divorce was granted on the terms that were agreed upon without any problems whatsoever. The time frame from initial filing to final decree was less than a month. ”
It is understandable that when people reach agreements together based upon what they think is right and fair, their agreements are much more sustainable going forward than court orders that tell the parties what they must do or not do, pay or give to the other party. In fact, a great advantage of mediating your divorce settlement is that you will make all the decisions together about what is best for you both and for your children as you go forward.
This booklet explains your rights in a Minnesota divorce and includes information on custody, parenting time, child support, maintenance, abuse, and division of property.  This booklet does NOT tell you how to get a divorce without the help of an attorney.  Divorce law is complicated and changes often.  Each case must be handled differently.  Unless your divorce is very simple, it is usually a good idea to have an attorney.
Remember that even though your children may be small today, as they grow up your roles as parents will change. You may have to consult with each other on important life decisions such as medical needs, or see each other at milestones like graduations, weddings, and the birth of your grandchildren. Learning to effectively co-parent early on will help you years down the road.

If you or your children have been hurt or threatened by your spouse, the court cannot make you mediate.  In this circumstance, the court knows that mediation wouldn't be safe or fair. For example, you might just "agree" because you're afraid of what would happen to you or your children if you didn't.  Make sure to tell your lawyer, the court or the mediator, if you have been hurt or threatened by your spouse.
SUPERIOR SERVICE: All mediators are not created equal! Although mediators are not decision makers, they do have a significant impact on your divorce process. Mediators set the tone and guide you through the rough patches. Therefore, it is wise to interview mediators and select one who respects your sense of fairness, recognizes the importance of self-determination, helps generate creative solutions and facilitates workable agreements.
1. If custody or parenting time is in issue, don’t move out without first getting an enforceable written stipulation addressing custody and parenting time after the move-out. The key is to have in place at least an interim parenting time schedule which affords you at least as much parenting time as you hope to obtain through the court. Otherwise, the longer you acquiesce to a pattern of parenting time that is less than you desire, the more of an argument the other party will make of it against you. Often arguments like the following are heard:
Having said that, children naturally wonder and ask questions to resolve their own anxiety at a time when their parents have split up, and their family unit and daily routines have dramatically changed. Simply proceed with sensitivity, and be careful not to place the children in the middle of any disputes. Say nothing that would burden them with any guilt, or put them in the position of having to take sides.

With respect to financial issues, this same rule applies, as modified by the additional consideration of attorney’s fees. For example, it might be very likely that the court would award you $10,000 more in assets than your spouse is proposing, but if it will cost you $20,000 in attorney’s fees to litigate over it, it doesn’t make much sense from a purely practical, financial standpoint to do so.
More recently, however, I have noted a shift to where, in my opinion, the evaluators make assessments of how the case will most likely settle, and tailor their recommendations to that assessment. This results in more settlements overall, but at the cost of many which are not in the best interests of the children. In light of this, it is very important not to give the impression that you are willing to settle for something that is contrary to the children’s best interests. In your pitch to the evaluators, tell them what you consider to be the arrangement that is in the children’s best interests, and why — not just what you would be willing to settle for; because if that’s your approach, that’s very likely what they'll treat as your starting point, and your children will be the ones to suffer for it, by having to live with an arrangement that is not in their best interests.
Disclaimer: This is a quality non-lawyer self-help divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3 Step Solutions, LLC does not practice law and does not give out legal advice. This software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more.
In any case where parties cannot agree about custody or parenting time of the children, the court will require the parties to attend an orientation and education program. Some courts have programs for children to attend. The program covers the impact that divorce and the restructuring of families and legal proceedings have upon children and families. It will also cover methods for preventing parenting time conflicts and options for resolving disputes. 
Courts do not usually deny requests to dissolve a marriage, even if that request is only coming from one spouse. Nevertheless, if your spouse wants a divorce but you don’t, you can argue that the marriage is not “irretrievably broken” at the evidentiary hearing. The district judge will make the determination; however, most divorce attorneys will tell you not to be optimistic about your chances of stopping the divorce by making this argument, assuming one spouse still wants the divorce.

Another common complaint is that the system is too soft on child support obligors. Truth be told, there are some self-employed parents that are doing well financially, but whose "inaccurate" tax returns show little income after they’ve written off business expenses (e.g., cars, travel and entertainment). Sometimes, these parents are able to fool the system and pay a lower amount of support.
Once your negotiations are finished and you have found a solution, either the mediator or one of your attorneys will write an agreement and, in many cases, a parenting schedule or parenting plan. These documents will be incorporated with the rest of your divorce paperwork and become part of your divorce judgment, which means that a court could enforce them if one of you doesn't do what the agreements say you'll do.

A legal annulment should not be confused with a religious annulment.  For example, a Catholic may not be permitted to remarry in the church if the church has not determined that the first marriage is null and void.  This type of annulment is granted by the church, and has no legal effect according to Minnesota law.  Likewise, a legal annulment or divorce may not affect how the church looks upon the marriage.
×