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.

When the decree orders support, maintenance, custody, or parenting time: Include this § 518.68 notice as part of the decree.

IMPORTANT NOTICE

1. PAYMENTS TO PUBLIC AGENCY

According to Minnesota Statutes, section 518A.50, payments ordered for maintenance and support must be paid to the public agency responsible for child support enforcement as long as the person entitled to receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection services. MAIL PAYMENTS TO:

Public agency payment address, if applicable: [______________________________]

2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY

A person may be charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the child's parent (or person with custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy of that section is available from any district court clerk.

3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES

A person who fails to pay court-ordered child support or maintenance may be charged with a crime, which may include misdemeanor, gross misdemeanor, or felony charges, according to Minnesota Statutes, section 609.375. A copy of that section is available from any district court clerk.

4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME

(a) Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

(b) Payment of support must be made as it becomes due, and failure to secure or denial of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.

(c) Nonpayment of support is not grounds to deny parenting time. The party entitled to receive support may apply for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota Statutes, section 548.091.

(d) The payment of support or spousal maintenance takes priority over payment of debts and other obligations.

(e) A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation under this proceeding.

(f) Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that payments are made throughout the year as ordered.

(g) Reasonable parenting time guidelines are contained in Appendix B, which is available from the court administrator.

(h) The nonpayment of support may be enforced through the denial of student grants; interception of state and federal tax refunds; suspension of driver's, recreational, and occupational licenses; referral to the department of revenue or private collection agencies; seizure of assets, including bank accounts and other assets held by financial institutions; reporting to credit bureaus; income withholding and contempt proceedings; and other enforcement methods allowed by law.

(i) The public authority may suspend or resume collection of the amount allocated for child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision 4, are met.

(j) The public authority may remove or resume a medical support offset if the conditions of Minnesota Statutes, section 518A.41, subdivision 16, are met.

5. MODIFYING CHILD SUPPORT

If either the obligor or obligee is laid off from employment or receives a pay reduction, child support may be modified, increased, or decreased. Any modification will only take effect when it is ordered by the court, and will only relate back to the time that a motion is filed. Either the obligor or obligee may file a motion to modify child support, and may request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY.

6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3

Unless otherwise provided by the Court:

(a) Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children. Each party has the right of access to information regarding health or dental insurance available to the minor children. Presentation of a copy of this order to the custodian of a record or other information about the minor children constitutes sufficient authorization for the release of the record or information to the requesting party.

(b) Each party shall keep the other informed as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent teacher conferences. The school is not required to hold a separate conference for each party.

(c) In case of an accident or serious illness of a minor child, each party shall notify the other party of the accident or illness, and the name of the health care provider and the place of treatment.

(d) Each party has the right of reasonable access and telephone contact with the minor children.

7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE

Child support and/or spousal maintenance may be withheld from income, with or without notice to the person obligated to pay, when the conditions of Minnesota Statutes, section 518A.53 have been met. A copy of those sections is available from any district court clerk.

8. CHANGE OF ADDRESS OR RESIDENCE

Unless otherwise ordered, each party shall notify the other party, the court, and the public authority responsible for collection, if applicable, of the following information within ten days of any change: the residential and mailing address, telephone number, driver's license number, Social Security number, and name, address, and telephone number of the employer.

9. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE

Basic support and/or spousal maintenance may be adjusted every two years based upon a change in the cost of living (using Department of Labor Consumer Price Index .........., unless otherwise specified in this order) when the conditions of Minnesota Statutes, section 518A.75, are met. Cost of living increases are compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to request or contest a cost of living increase are available from any district court clerk.

10. JUDGMENTS FOR UNPAID SUPPORT

If a person fails to make a child support payment, the payment owed becomes a judgment against the person responsible to make the payment by operation of law on or after the date the payment is due, and the person entitled to receive the payment or the public agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the person responsible to make the payment under Minnesota Statutes, section 548.091.

11. JUDGMENTS FOR UNPAID MAINTENANCE

(a) A judgment for unpaid spousal maintenance may be entered when the conditions of Minnesota Statutes, section 548.091, are met. A copy of that section is available from any district court clerk.

(b) The public authority is not responsible for calculating interest on any judgment for unpaid spousal maintenance. When providing services in IV-D cases, as defined in Minnesota Statutes, section 518A.26, subdivision 10, the public authority will only collect interest on spousal maintenance if spousal maintenance is reduced to a sum certain judgment.

12. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT

A judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the person responsible to pay support when the conditions of Minnesota Statutes, section 518A.735, are met. A copy of Minnesota Statutes, sections 518.14 and 518A.735 and forms necessary to request or contest these attorney fees and collection costs are available from any district court clerk.

13. PARENTING TIME EXPEDITOR PROCESS

On request of either party or on its own motion, the court may appoint a parenting time expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. A copy of that section and a description of the expeditor process is available from any district court clerk.

14. PARENTING TIME REMEDIES AND PENALTIES

Remedies and penalties for the wrongful denial of parenting time are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms for requesting relief are available from any district court clerk.

For a decree ordering custody or parenting time: Include the following notices as part of the decree; omit this block when neither is ordered.

Statutory notices included in this proposed order

The following notices accompany this custody and parenting-time order under Minn. Stat. §§ 518.17, subds. 3(b), 3a, and 518.175, subd. 6(j)-(k). The court may address any statutory welfare or no-contact exception in its findings and delivery directions.

Custody-order rights notice (Minn. Stat. § 518.17, subd. 3a):

NOTICE EACH PARTY IS GRANTED THE FOLLOWING RIGHTS:

(1) right of access to, and to receive copies of, school, medical, dental, religious training,
police reports, and other important records and information about the minor children;

(2) right of access to information regarding health or dental insurance available to the minor
children;

(3) right to be informed by the other party as to the name and address of the school of
attendance of the minor children;

(4) right to be informed by school officials about the children's welfare, educational
progress and status, and to attend school and parent-teacher conferences. The school is not
required to hold a separate conference for each party, unless attending the same conference
would result in violation of a court order prohibiting contact with a party;

(5) right to be notified by the other party of an accident or serious illness of a minor
child, including the name of the health care provider and the place of treatment;

(6) right to be notified by the other party if the minor child is the victim of an alleged
crime, including the name of the investigating law enforcement officer or agency. There is no
duty to notify if the party to be notified is the alleged perpetrator; and

(7) right to reasonable access and telephone or other electronic contact with the minor
children.

Parenting-time compliance notice (Minn. Stat. § 518.175, subd. 6(k)):

NOTICE REGARDING COMPLIANCE WITH PARENTING TIME ORDER: The parties are expected to fully
comply with the court's order unless the parties mutually agree otherwise in writing as
defined by Minnesota Statutes, section 645.44, subdivision 14. Pursuant to Minnesota Statutes,
section 518.175, subdivision 6, and Minnesota Statutes, section 518.131, subdivision 11, the
parties are hereby notified that:

(1) The court shall award compensatory parenting time to a parent who has been prevented from
exercising parenting time.

(2) Deprivation of parental rights is a FELONY crime pursuant to Minnesota Statutes, section
609.26 .

(3) If the court finds that one parent has repeatedly and intentionally denied or interfered
with another parent's parenting time, then the court shall award attorney fees to the parent
who has been denied parenting time and require the parent who has been denying or interfering
with parenting time to pay the other parent for costs incurred as a result of enforcing the
decision.

(4) If the court finds that one parent has repeatedly and intentionally denied or interfered
with parenting time, then the court may also:

(i) transfer custody of the child to the other parent;

(ii) impose a sanction of up to $500 on the parent who repeatedly and intentionally denied or
interfered with parenting time; or

(iii) award other relief as determined to be in the best interests of the children involved.

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 (UIFSA), 518D (UCCJEA), 518E (Uniform Deployed Parents Custody and Visitation Act).
• 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).