Uncontested vs. Contested Divorce in Minnesota: Simplified Procedures and Mandatory Steps

By the FigureMyTax Editorial Team · How we calculate

In Minnesota an uncontested and a contested divorce share the 180-day residence rule and the 30-day answer period. An agreed case can be approved without a final hearing, and the court can order support and restraints while the case is pending.

What is the same in an uncontested and a contested Minnesota divorce?

The residence rule and the grounds (Minn. Stat. 518.07; 518.06). The Minnesota divorce timeline calculator gives the same earliest filing date for both.

Item	Agreed (uncontested)	Disputed (contested)
Residence	180 days before the proceeding	180 days before the proceeding
Answer	Respondent signs a stipulation or does not appear	Respondent has 30 days to answer and may deny the breakdown
Hearing	Approval without a final hearing is possible	Hearing in open court or before a referee
Children	A stipulation with counsel for all parties is needed to skip the hearing	Best interests decide custody and parenting time
Property	Stipulation	Just and equitable division of marital property

When can a divorce be approved without a hearing in Minnesota?

Proposed findings, conclusions, order for judgment and the judgment and decree are submitted for approval and filing without a final hearing if there are no minor children and the parties have a written stipulation, or the respondent has not appeared after service and at least 20 days have passed since the answer time expired; or if there are minor children, the parties signed and acknowledged a stipulation and all parties have counsel (518.13, subd. 5). The court still schedules a hearing if the proposed judgment does not appear to be in the children’s best interests or is contrary to the interests of justice.

What if the respondent does not appear in Minnesota?

The court may hear and determine the proceeding as a default matter (518.13, subd. 1).

What if one spouse denies the marriage is broken in Minnesota?

The court considers all relevant factors, including the circumstances that gave rise to the proceeding and the prospect of reconciliation, and makes a finding; the finding must be supported by evidence that the parties lived apart for at least 180 days before the proceeding or that there is serious marital discord affecting one or both spouses’ attitude toward the marriage (518.13, subd. 2). If both state under oath that the marriage is broken, or one does and the other does not deny it, the court after hearing shall find it irretrievably broken (subd. 3).

What can the court order while the case is pending in Minnesota?

Temporary custody and parenting time, temporary maintenance and child support, temporary costs and attorney fees, use of the family home and property, restraints on transferring or concealing property and on removing the children from the court’s jurisdiction, and orders to protect the parties and children (518.131, subd. 1).

Is the hearing public in Minnesota?

Dissolution hearings are in open court or before a referee, and the court may close the hearing in its discretion (518.13, subd. 4).

Can attorney fees be ordered during the case in Minnesota?

Yes. A temporary order may award temporary costs and reasonable attorney fees (518.131, subd. 1(d)).

What changes in a contested Minnesota divorce?

The court decides what the spouses cannot settle: property under 518.58, maintenance and custody on the child’s best interests. See the Minnesota property division calculator and the Minnesota parenting time calculator.

Frequently asked questions

Does an uncontested Minnesota divorce skip the hearing?

It can: an agreed case with a written stipulation, or a default without minor children, can be approved without a final hearing.

How long does a Minnesota respondent have to answer?

30 days.

Can a Minnesota court order support while the divorce is pending?

Yes. It may order temporary maintenance, child support, costs and attorney fees.

What if my spouse denies the Minnesota marriage is irretrievably broken?

The court finds whether it is, using evidence of 180 days apart or serious marital discord.

Does a Minnesota stipulation with children need lawyers?

To skip the hearing, yes: all parties must be represented by counsel.

Official sources

Going through a divorce or custody case in Minnesota?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Minnesota attorney

This is general information, not legal advice. It is based on the cited Minnesota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Minnesota attorney.