Minnesota Divorce Laws when No Kids

Going through a divorce is never easy. Even without children involved, it can bring a rollercoaster of emotions and a ton of questions. If you’re thinking about filing for divorce in Minnesota and don’t have kids, you’re probably wondering what the process looks like. The good news? It may be a bit simpler without custody and child support issues. That said, you still need to understand how Minnesota divorce laws work when no kids are in the picture.

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In this guide, we’ll walk through everything you need to know—from legal steps to dividing property—so you feel more confident about what lies ahead.

What Type of Divorce Does Minnesota Have?

Minnesota is a “no-fault” divorce state. That means you don’t need to prove that one spouse did something wrong to end the marriage. Instead, you just have to show that there’s been an “irretrievable breakdown” of the relationship.

In plain terms? You and your spouse no longer get along, and there’s little to no chance of fixing things. That’s enough to file for divorce.

This no-fault approach makes the process a lot smoother—especially when there are no children involved.

Residency Requirements You Should Know

Before you can even file for a divorce in Minnesota, you need to meet the state’s residency rules. Here’s what the law says:

One of the spouses must have lived in Minnesota for at least 180 days before filing.
Alternatively, one spouse must be a member of the armed forces and deployed from Minnesota or stationed here.

So if you just moved to Minnesota, you might have to wait a few months. It’s a simple detail, but it’s a crucial one.

Filing the Paperwork: How It Starts

Once you meet the residency requirement, it’s time to start the formal process. Here’s a step-by-step overview of what filing for divorce involves:

Petition for Dissolution of Marriage: One spouse (called the petitioner) files this form with the court.
Serving the Other Party: You’ll need to officially serve the documents to the other spouse (called the respondent).
Response Time: The respondent has 30 days to reply.

Don’t worry—serving papers doesn’t have to be dramatic. Many couples who divorce without children do this step amicably or through mutual agreement.

The Uncontested vs. Contested Question

Here’s a key distinction: is your divorce contested or uncontested?

Uncontested: You and your spouse agree on every issue—who gets what property, whether spousal support is needed, and how to divide any debts.
Contested: You disagree on one or more key issues, so a judge will need to step in and make the decisions for you.

When there are no kids, the chances of an uncontested divorce are typically higher. And if you’re both on the same page, you can even opt for a simplified, fast-track divorce process that saves time and money.

Dividing Property and Assets in Minnesota

This is the part where things can get tricky—but let’s break it down.

Minnesota follows what’s known as equitable distribution. This doesn’t mean everything is split 50/50. Instead, it means assets and debts will be divided fairly—not necessarily equally.

So how does this look in practice?

The court will look at how long you were married.
Your individual earning potential will be considered.
They’ll also evaluate financial contributions—like if one spouse supported the other while they went to school.

A good tip: Start listing out assets early—cars, homes, retirement accounts, and even personal items like furniture. If you agree on how to split them, it can make the entire divorce quicker and less costly.

What About Spousal Support (Alimony)?

Even if there are no kids, sometimes spousal support—also known as alimony—comes into play. Not every divorce includes it, but Minnesota courts will award it in specific situations.

Let’s say one spouse stayed home during the marriage or earned significantly less than the other. The goal of alimony is to help that person maintain a stable life during and after the divorce.

The court will weigh several things:

The standard of living during the marriage
The age and health of both spouses
How long the marriage lasted

You can agree on spousal support yourself or let a judge decide. Either way, without child costs involved, the financial picture tends to be easier to sort out.

How Long Does a Divorce Take in Minnesota—No Kids?

Wondering how fast you can wrap this up? That depends.

If your divorce is uncontested and all paperwork is in order, you may be done in as little as 60 to 90 days. But if disagreements arise and a judge needs to get involved, it could take several months longer.

Think of it like making dinner: when all the ingredients are ready and everyone agrees on the recipe, the meal’s a breeze. But if you’re debating over the main course or missing a few items, it takes longer.

Do You Need a Lawyer?

You might be asking yourself, “Do I really need a lawyer if we don’t have kids and we agree on everything?”

Technically, no—you’re not required to have one. If your situation is simple, you can file on your own using forms from the Minnesota Judicial Branch website.

But if there’s any uncertainty—like how to split a house, 401(k)s, or long-term financial agreements—it might be worth speaking to a professional. Even just a one-time review can help you avoid mistakes that could cost you later on.

Cost of Divorce in Minnesota Without Children

Let’s talk money.

Filing fees in Minnesota typically run around $400 to $450. You might also pay extra for serving papers or finalizing the judgment. If you hire a lawyer, that number goes up.

But here’s the good news: divorces without children and without conflict usually cost much less overall. Want to save even more? You can also explore mediation or flat-fee divorce services, where legal help is provided at a fixed, predictable cost.

Handling Debt and Joint Accounts

When you share a life with someone, chances are you’ve also shared some bills. During a divorce, it’s crucial to sort out who’s responsible for what.

Courts look at joint credit cards, car loans, and mortgages. In general, they’ll try to split debt fairly based on who has the means to pay it—and who benefited from the expense.

Here’s a tip: Close joint accounts as soon as possible. That way, your ex can’t rack up new charges that you might be stuck paying.

What Happens After the Divorce Is Final?

Once the judge signs the final decree, your marriage is officially over in the eyes of the law. But there are still a few things to tidy up:

Update your last name if you changed it.
Revise your beneficiaries for your 401(k), life insurance, or will.
Separate any leftover joint accounts or titles (like your car or home).

These details can often be overlooked—but they matter just as much for your future peace of mind.

Tips for a Smoother Divorce Experience

No one plans for divorce, but if you’re going through it, here are a few friendly tips:

Be honest about your finances—hiding assets can backfire.
Stay civil—your tone can influence how quickly things are resolved.
Write everything down—keep records of agreements, payments, and communication.

And most importantly? Take care of yourself. Lean on friends, family, or support groups. It’s okay to ask for help.

In Summary: Minnesota Divorce Laws when No Kids

When children aren’t involved, divorce in Minnesota can be more straightforward—but it still comes with its own set of rules and steps. From filing forms and dividing property to possibly agreeing on alimony, every decision counts.

Understanding Minnesota divorce laws when no kids are involved can make things less overwhelming. Whether you’re handling it on your own or seeking help, being informed puts you in control of the process.

Ready for the next step? Check out our detailed post on filing for divorce in Minnesota without a lawyer to save time and money.

And remember: you’re not alone. Plenty of Minnesotans have been right where you are—and come out stronger on the other side.