Minnesota Marital Settlement (Divorce) Agreement Form [PDF]

A Minnesota marital settlement agreement form is a legal document that helps married couples record the agreements they have made on matters related to divorce, such as child support, parenting plans, and alimony, to name a few.

Spouses can obtain a marital settlement agreement template and fill it out by themselves, or they can seek legal assistance to make sure everything is fair and there are no misunderstandings.

This document serves as proof that spouses reached an agreement on all divorce matters and that they are now eligible for the uncontested divorce process.

Divorce Forms

The petitioner must file the divorce forms with the district court in the county where they reside. They are required to pay a filing fee, which varies depending on the county but is usually around $280. There is a minimum of a 30-day waiting period before the divorce is formalized.

Divorce Laws and Legal Requirements in Minnesota

Divorce laws and legal requirements in Minnesota provide guidelines for married couples who wish to end their marriage.

Divorce Laws and Legal Requirements

Alimony: According to Section 518.552 of the Minnesota Statutes, a court may order either spouse to receive financial assistance or maintenance if the spouse requesting it is unable to support themselves through their current job or does not have enough money and property to meet their needs.
Child Support: A method for determining a basic child support amount is provided in Section 518A.35 of the Minnesota Statutes, and it depends on the parent’s income and the number of children they have.
Division of property: Minnesota is an equitable distribution state; therefore, marital property is distributed fairly and not always equally, as specified by Section 518.58 of the Minnesota Statutes. The court will make its decisions based on factors like marriage length, each spouse’s contribution to marriage property, or their income potential.
Grounds for divorce: Couples just need to provide proof that their marriage has irretrievably broken down in order to file for divorce, according to Section 518.06 of the Minnesota Statutes.
Interim support: As stated in Sections 518.62 and 518.131 of the Minnesota Statutes, a court may, if necessary, award temporary financial support to one spouse, which the other spouse is required to pay. This interim support will continue until the divorce is finalized.
Residency: Section 518.07 of the Minnesota Statutes states that one spouse must reside in the state or serve as military personnel stationed in the state for at least 180 days before starting the divorce process.

How to File for a Divorce in Minnesota in 5 Steps

Filing for divorce in Minnesota is a simple process that can be completed in the following five easy steps.

#1. Fill Out and File a Joint Petition for Dissolution of Marriage

A couple can file for an uncontested divorce by filling out and submitting the Joint Petition, Agreement, and Judgment and Decree for Marriage Dissolution Form Without Children or With Children if they meet residency requirements and reach agreements on the divorce terms.

Even though the petition addresses matters related to divorce, the spouses can include the divorce settlement agreement to further specify the terms and obligations.

However, if spouses cannot agree on all matters, then they will start a contested divorce process where the court will make decisions instead. Additional documents that spouses must file along with the petition are a Confidential Information Form and a Cover Sheet for Non-Public Documents with confidential financial source documents.

#2. Serve a Notice of Public Authority

According to Section 518A.44, it is a legal requirement to inform the relevant public authorities of the ongoing divorce process if either party currently receives public assistance or plans to apply for one. This can be done by serving them with a Notice to Public Authority.

Once they are served, either in person or by mail, the petitioner should complete an Affidavit of Service to a Public Authority and submit it to the court clerk. This notice makes sure that the public authorities are well aware of new developments that may require their assistance.

#3. Obtain a Decree and Certificate of Dissolution

When all documents are gathered and filed, the court has a minimum of 30 days to review the divorce complaint along with all additional documents and make a decision. If everything is in order, the judge will sign the Certificate of Dissolution.

After that, both spouses will receive the “Notice of Entry of a Decree of Dissolution” by mail and be considered legally divorced. For a certain fee, either party can also acquire the Certificate of Dissolution from the court.

#4. Fill Out a Summary Real Estate Disposition Judgment

After the divorce, the parties who own real estate must fill out a Summary Real Estate Disposition Judgment Form to update the county records. Detailed instructions on how to fill out these forms are provided on the Minnesota Judicial Branch website.

When parties complete the real estate form, the court should file it. Now, the real estate owner must request a certified copy of the summary and pay a fee to the court for issuing the copy.

Finally, they should file a certified copy with the county recorder, who will update official records regarding real estate.

#5. Change Your Name

The spouse is required to get a certified copy of the decree and Certificate of Dissolution when the divorce is finalized if they wish to change their name. This document provides the necessary legal proof when updating personal records and documents.

Spouses should update their names on all identification documents, such as a driver’s license, passport, or ID card. It is also necessary to update names on public records, such as contracts, bank records, and utility bills. Naturally, they should also inform friends and family of the name change.