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How Do I Start A Divorce In Minnesota?

Minnesota is fairly unique in that legal proceedings, including divorce, are started by serving the other party, rather than by filing documents with the court.  This has a distinct advantage of allowing time for negotiation before the court gets involved.  Sometimes, the parties (and their attorneys) can resolve the entire matter and only involve the court when they submit a joint marital termination agreement for approval.  

There are, of course, situations in which court involvement can be beneficial, or even necessary.  For example, if one party is dragging their feet or refusing to provide information in discovery, filing with the court can help by getting a firm schedule set for the proceeding or by allowing a party to get an enforceable order.

To serve the other party, you need to first prepare a Summons and a Petition.  These then need to be personally served on the other party.  You can hire a process server, or have anyone over 18 years of age (other than you) handle service.  

All cases are unique and whether or not to file right away really depends upon the parties and how willing they are to work with one another to come to a mutually-acceptable resolution.  For more information, contact Kruse Family Law PLLC at 612.231.9865 or email

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