UPDATED: June 10th 2026
By Jason Kohlmeyer, Family Law Attorney
Most divorcing couples want to end their marriage as amicably and efficiently as possible. While divorce is never easy, it does not have to turn into a nasty dispute or a fierce battle. Under Minnesota Law, a married couple has the option to seek an uncontested divorce.
An uncontested divorce is one in which the parties to the case have reached their own out-of-court settlement on all material issues. Here, our Mankato divorce attorneys highlight the benefits of an uncontested divorce and explain how a lawyer can help.
NOTE: People often use the phrase “uncontested divorce,” but technically, that’s not accurate, as a contested divorce really means you’re contesting the ability to end the marriage. Now that every state in the union has no-fault, it’s not really a thing. Just be aware that if you read some generic or older blog posts, you might see a contested and uncontested divorce talking about the ability to get divorced.
When thinking about divorce, many people raise the same concerns. They are worried about the time, the cost, the fighting, and that they may be forced to air their “dirty laundry” in public. An uncontested divorce can help relieve these stresses. In fact, many of the worst-case scenarios can be avoided. Here are four advantages of uncontested divorce in Minnesota:
OK, hold on. I know what you’re thinking. Jason, aren’t you actually a Minnesota divorce attorney? Why, yes, I am. I’ve been doing this for over 25 years. But I can tell you simply hiring a divorce attorney does not mean you’re going to World War III or that it is even a contested divorce. Divorce attorneys absolutely do uncontested, simple divorces throughout Minnesota on a daily basis.
Even if you and your spouse are separating on the best of terms, getting through the divorce process can still be hard. You can benefit from hiring an experienced Minnesota family law attorney. Before a couple can get an uncontested divorce in our state, they must resolve all of the issues related to their marriage. Among other things, key issues include:
Do not rush into an uncontested divorce agreement that fails to protect your best interests. Negotiating a divorce settlement takes focus, attention, and skills. An attorney can help you come to a fair, comprehensive, uncontested divorce settlement that effectively protects your rights, limits conflict, and keeps your family out of litigation.
No. You do not need two lawyers, and many uncontested Minnesota divorces are handled by a single attorney.
Here is the part people get wrong, so I want to be precise. One attorney cannot represent both of you. Your interests are legally adverse, even when you are friendly, so the lawyer represents one spouse and prepares the documents. The other spouse is unrepresented and signs as a self-represented party.
That arrangement is common and perfectly proper. The represented spouse gets advice and drafting. The unrepresented spouse should read everything carefully and, ideally, have an independent attorney review the final agreement before signing. A one-hour review is cheap compared to living with terms you did not understand. An attorney can absolutely run an uncontested divorce from start to finish. What an attorney cannot do is sit on both sides of the table at once.
Okay, I know you’re thinking, Jason, you’ve sold me on an uncontested divorce. How do I get one? First, let’s take a look at what has to be done. Minnesota calls divorce a dissolution of marriage, governed by Minnesota Statutes Chapter 518. To file here, at least one spouse must have lived in Minnesota for 180 days before filing. The case is filed in the district court of the county where one of you lives.
For a case where you already agree, the path is straightforward:
I will say, as a divorce lawyer, I don’t see a lot of summary dissolutions. However, it does exist. Minnesota offers an even faster track called summary dissolution under Minnesota Statutes Section 518.195, but the eligibility rules are narrow. You can use it only if you have no minor children together, neither spouse is pregnant, and you have been married for fewer than eight years.
You also cannot own any real estate. Your unpaid marital debts cannot exceed $8,000, not counting car loans, and your total marital assets cannot exceed $25,000, including car equity. Neither spouse can hold more than $25,000 in nonmarital assets, and there can have been no domestic abuse between you.
If you fit all of that, the court administrator enters the decree 30 days after you file a notarized joint declaration. For most couples with a house, a longer marriage, or children, summary dissolution is off the table, and the standard joint petition is the route.
About the author: Jason Kohlmeyer is a Minnesota family law attorney with over 25 years of experience and a partner at Kohlmeyer Hagen Law Office in Mankato and Rochester. He has practiced family law exclusively since 2010 and has handled hundreds of Family Law cases across southern Minnesota. He is the author of The Divorce Survival Guide: Getting Divorced in Minnesota and has spoken on family law topics for the American Bar Association, Minn. State Bar associations and American Trial Lawyers Association. He is a member of the Minnesota State Bar Association and has been recognized by Super Lawyers and Best Lawyers of America for many years.
