Minnesota Uncontested Dissolution of Marriage — Petition and Decree Filing Packet

MINNESOTA UNCONTESTED DISSOLUTION OF MARRIAGE — PETITION AND DECREE FILING PACKET

PART 1 — TRACK SELECTION & JURISDICTIONAL CHECKLIST

A. Residency — Minn. Stat. § 518.07

☐ At least one spouse has resided in Minnesota for 180 days immediately preceding commencement, OR has been a member of the armed forces stationed in Minnesota for that period.

☐ Resident spouse: [____________________________] Date residency established: [__/__/____]

B. Venue — Minn. Stat. § 518.09

☐ Filing in District Court for [____________________________] County (county where either party resides).

C. Ground — Minn. Stat. § 518.06

☐ Irretrievable breakdown of the marriage relationship (sole ground; no fault).

D. Track Selection

TRACK 1 — SUMMARY DISSOLUTION (Minn. Stat. § 518.195). Check ALL boxes to qualify:

☐ Marriage less than 8 years as of filing date.
☐ No living minor children of the parties (born or adopted) and wife not currently pregnant.
☐ Neither party owns real estate.
☐ Total marital debts ≤ $8,000 (excluding car loans).
☐ Total fair market value of marital assets ≤ $25,000 (including net auto equity).
☐ Nonmarital assets of either party ≤ $25,000.
☐ Neither party has been a victim of domestic abuse by the other spouse.

If ALL boxes checked → use Form DIV202 Joint Declaration; decree enters 30 days after filing without hearing.

TRACK 2 — JOINT PETITION (Minn. Gen. R. Prac. 302.01(a)(5), (c)(1)). Spouses agree on all terms but do not qualify for Summary Dissolution.

☐ No Summons required. ☐ No personal service required. ☐ Both spouses sign verified Joint Petition.

TRACK 3 — ONE-FILER UNCONTESTED. Petitioner files alone; Respondent personally served and either (a) signs stipulated decree, or (b) defaults.

E. Mandatory Forms — Minnesota Judicial Branch

PART 2 — PETITION FOR DISSOLUTION OF MARRIAGE

STATE OF MINNESOTA — DISTRICT COURT
County of [____________________________] Judicial District: [____] Court File No.: [______________]
Case Type: Dissolution with/without Children

PETITION FOR DISSOLUTION OF MARRIAGE

Pursuant to Minn. Stat. ch. 518, the Petitioner(s) state:

1. Identification.

2. Residency. [Petitioner / Co-Petitioner] has resided in Minnesota continuously for at least 180 days immediately preceding commencement of this action, satisfying Minn. Stat. § 518.07.

3. Marriage. The parties were lawfully married on [__/__/____] at [______________________, ____________]. Certified copy of the marriage certificate is ☐ attached / ☐ on file.

4. Ground. There has been an irretrievable breakdown of the marriage relationship. Minn. Stat. § 518.06.

5. Children.

☐ There are no minor children of the marriage, and Petitioner [is / is not] pregnant.
☐ There are [____] minor or dependent children:

6. Public Assistance / IV-D. ☐ Neither party / a minor child has received public assistance. ☐ Has received; Notice to Public Authority is served and filed. Minn. Stat. § 518A.44.

7. Property. A list of marital and nonmarital real and personal property, debts, retirement accounts, and business interests is incorporated in the attached Marital Termination Agreement. Minn. Stat. §§ 518.10, 518.58.

8. Spousal Maintenance. ☐ Neither party requests maintenance. ☐ Addressed in the Marital Termination Agreement, Minn. Stat. § 518.552.

9. Name Change. ☐ Petitioner requests restoration of the prior name [____________________________]. Minn. Stat. § 518.27.

10. Other Pending Actions. ☐ None. ☐ The following actions involving the parties or children are pending: [____________________].

PRAYER FOR RELIEF

WHEREFORE, the Petitioner(s) respectfully request that this Court enter Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree:

a. Dissolving the marriage;
b. Approving and incorporating the Marital Termination Agreement (and Parenting Plan / Custody and Support provisions, if applicable);
c. Dividing marital property and debts;
d. Ordering child support per the guidelines and any spousal maintenance as agreed;
e. Restoring any requested former name; and
f. Granting such other and further relief as is just and equitable.

VERIFICATION. I declare under penalty of perjury under the laws of the State of Minnesota that the foregoing is true and correct.

Date: [__/__/____]
Petitioner: [____________________________]
Co-Petitioner (Joint): [____________________________]

PART 3 — SUMMONS (ONE-FILER ONLY)

To Respondent: [____________________________]

You are summoned and required to serve upon Petitioner an Answer to the attached Petition within 30 days of service, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you. Minn. Stat. § 518.12.

Statutory Restraining Provisions (Minn. Stat. § 518.091)

Under Minnesota law, upon service of the Summons, both parties are restrained from:

1. Disposing of marital assets, except for necessities of life or in the usual course of business, or for the necessary generation of income or preservation of assets;
2. Harassing the other party;
3. Removing minor children from Minnesota except for short-term trips, without the consent of the other party or court order;
4. Modifying or cancelling any insurance policy covering either party or any minor child without consent or court order.

Notices

☐ Notice of Parent Education Requirements (if minor children).
☐ Notice of Alternative Dispute Resolution (Minn. Gen. R. Prac. 114).
☐ Legal description of real property: [________________________________________________]

Dated: [__/__/____] Petitioner / Attorney: [____________________________]

PART 4 — WAIVER OF SERVICE / ANSWER & WAIVER

I, [____________________________], Respondent in the above-captioned action, acknowledge receipt of the Summons and Petition, waive personal service, and consent to entry of judgment based on the Marital Termination Agreement.

Date: [__/__/____] Signature: [____________________________]
Notarized: ☐ Yes Notary: [____________________________]

PART 5 — CONFIDENTIAL INFORMATION FORM (Minn. Gen. R. Prac. 11.1)

Minor children (full DOB, SSN): [________________________________________________]

PART 6 — MARITAL TERMINATION AGREEMENT (STIPULATION)

This Marital Termination Agreement (MTA) is entered into pursuant to Minn. Stat. § 518.58 between [PETITIONER] and [RESPONDENT/CO-PETITIONER].

A. Real Property

☐ Marital homestead at [______________________________________] awarded to: ☐ Petitioner ☐ Respondent ☐ Sold (proceeds split [____]% / [____]%).
☐ Refinance / quit claim deed within [____] days.
☐ Non-homestead real property: [________________________].

B. Personal Property

☐ Each party retains personal property in their possession except as listed in Schedule B.

C. Vehicles

D. Financial Accounts, Retirement, and Investments

☐ Bank/credit union accounts: [________________________].
☐ Retirement (401(k), IRA, pension, PERA, TSP) — QDRO/DRO required if divided: [________________________].
☐ Investment / brokerage: [________________________].

E. Debts

Each party shall be solely responsible for the debts listed beside their name in Schedule E and shall indemnify and hold the other harmless.

F. Spousal Maintenance (Minn. Stat. § 518.552)

☐ Both parties waive spousal maintenance, present and future. The Karon waiver applies — court divested of jurisdiction over maintenance.
☐ Maintenance of $[________] per month, [temporary / permanent], from [__/__/____] for [____] months.

G. Tax

☐ Filing status for [____] tax year: [____________]. Refund/liability allocation: [____________].

I have read this MTA, understand its terms, and enter into it freely.

Petitioner: [____________________________] Date: [__/__/____]
Respondent: [____________________________] Date: [__/__/____]
☐ Notarized.

PART 7 — CUSTODY, PARENTING TIME & CHILD SUPPORT — IF MINOR CHILDREN

A. Legal Custody (Minn. Stat. § 518.17)

☐ Joint legal custody. ☐ Sole legal to [______________].

B. Physical Custody / Parenting Time

☐ Joint physical custody. ☐ Sole physical to [______________].
Schedule: [________________________________________________]
Holidays / vacation: [________________________________________________]

C. Child Support (Minn. Stat. § 518A.35)

Calculation per Minnesota Child Support Guidelines Calculator:

☐ Wage withholding ordered (Minn. Stat. § 518A.53).
☐ Health/dental insurance to be provided by: [______________].
☐ Uninsured medical/dental allocation: [____]% Petitioner / [____]% Respondent.

PART 8 — FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT, AND JUDGMENT AND DECREE

STATE OF MINNESOTA — DISTRICT COURT County of [______________] File No.: [______________]

FINDINGS OF FACT

1. [Petitioner / Co-Petitioner] has resided in Minnesota continuously for at least 180 days preceding commencement. Minn. Stat. § 518.07.
2. The parties were married on [__/__/____] at [______________].
3. There has been an irretrievable breakdown of the marriage relationship. Minn. Stat. § 518.06.
4. ☐ No minor children / ☐ [____] minor children, listed above.
5. The parties have entered a written Marital Termination Agreement, the terms of which are fair and equitable. Minn. Stat. § 518.58.
6. Each party submitted financial disclosures sufficient for the Court to evaluate the Agreement.

CONCLUSIONS OF LAW

a. The Court has subject matter and personal jurisdiction.
b. The marriage shall be dissolved.
c. The Marital Termination Agreement is approved and incorporated.
d. Child support, parenting time, and custody are ordered as set forth above (if applicable).

ORDER FOR JUDGMENT AND DECREE

IT IS ORDERED AND ADJUDGED:

A. The marriage of [PETITIONER] and [RESPONDENT/CO-PETITIONER] is hereby DISSOLVED.
B. The Marital Termination Agreement dated [__/__/____] is incorporated as Court Order.
C. ☐ Custody / parenting time / child support orders entered as above.
D. ☐ Spousal maintenance: [____________].
E. ☐ Name restored: [____________________________].
F. The Court retains continuing jurisdiction as permitted by Minn. Stat. ch. 518.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: [__/__/____] ____________________________ Judge of District Court

JUDGMENT entered on [__/__/____]. Court Administrator: [____________________________]

PART 9 — FILING PROCEDURE CHECKLIST

☐ Confirm 180-day Minnesota residency.
☐ Determine track: Summary Dissolution / Joint Petition / One-Filer.
☐ Prepare Petition, Summons (if applicable), Certificate of Representation, Confidential Information Form (Rule 11.1).
☐ E-File via Minnesota eFile/eService Tyler portal (mandatory for attorneys; available pro se).
☐ Pay filing fee (varies by county; fee waiver via Affidavit to Request Fee Waiver).
☐ One-filer: personally serve Respondent (no service required for Joint or Summary). Minn. Stat. § 518.11; Minn. R. Gen. Prac. 302.
☐ File Affidavit of Personal Service (one-filer only).
☐ Submit Marital Termination Agreement (or DIV202 for Summary).
☐ Submit proposed Findings, Conclusions, Order for Judgment, and Decree.
☐ Summary Dissolution: decree enters 30 days after filing (no hearing).
☐ Joint/Uncontested: many counties enter Stipulated Decree without hearing; check local practice.
☐ Obtain certified copies of Judgment and Decree.

PART 10 — SOURCES AND REFERENCES

• Minnesota Judicial Branch Family Court Forms: https://www.mncourts.gov/GetForms.aspx?c=15
• Minn. Stat. ch. 518 (Marriage Dissolution), 518A (Child Support), 518B, 518C, 518D (UCCJEA), 518E (UIFSA).
• Minn. Gen. R. Prac. for District Courts, Title IV (Family Court Procedure).
• Minnesota Child Support Online Calculator (Department of Human Services).
• Minn. Stat. § 518.195 (Summary Dissolution requirements).