MINNESOTA DIVORCE PAPERS WITH SAMPLES AND EXPLANATIONS

The documents listed below are the primary documents for a Minnesota uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required when you file for divorce in Minnesota.

Understanding the Minnesota Divorce Papers:

• Summons: The Summons gives the respondent 30 days to file an answer or face a default. It also includes temporary restraining orders that prohibit the disposal of assets and harassment of the other party and require the continuity of existing insurance policies.
• Petition for the Dissolution of Marriage: The petition, signed and acknowledged by the petitioner, identifies the parties, their children, establishes the residency and gives irretrievable breakdown as the grounds; establishes that neither party enjoys protections under the Service Members' Civil Relief Act and that they have been separated. Requested relief may include child support and alimony, medical insurance, the sale of the family home and use and possession of motor vehicles.

Sample Petition for Dissolution of Marriage for Minnesota (first 2 pages only)

• Admission of Service: When the respondent agrees with the action, he or she signs this Admission of Service, which waives formal service of the Summons and Petition and gives him or her 30 days to serve an answer on the petitioner.
• Form 11. Confidential Information Form: This form provides confidential information about the parties and the children of the action.
• Certificate of Representation and Parties: Filed by the petitioner stating that the parties of the divorce case are self-represented.
• Answer: A one-page form, signed by the respondent, the answer admits, denies or claims insufficient knowledge about allegations made by the petitioner, and it may include a counter Petition, which essentially sets forth the respondent's version of the facts of the marriage. The answer and counter Petition may be preliminaries to a contested divorce.

Sample Answer to Petition for Dissolution of Marriage for Minnesota (first page only)

• Waiver of Counsel (Petitioner): When both parties agree, the petitioner signs a notarized a wavier of Counsel statement stating that he or she "freely and voluntarily" waives his or her right "to be represented by counsel" for the purpose of negotiating a Marital Termination Agreement (MTA). Pro Se filers must file this agreement.
• Waiver of Counsel (Respondent): When both parties agree, the respondent signs notarized the waiver statement stating that he or she "freely and voluntarily" waives his or her right "to be represented by counsel" for the purpose of negotiating a Marital Termination Agreement (MTA). Pro se filers must file this agreement.
• Marital Termination Agreement (MTA): Called the Marital Settlement Agreement on some jurisdictions, MTA spells out the terms and conditions of the marital dissolution, including the distribution and division of assets and liabilities, spousal and child support, and visitation.

Sample Marital Termination Agreement for Minnesota (first 2 pages only)

• Schedule for Visitation/Parenting Time of Minor Children: This schedule shows the visitation and parenting time routine for the noncustodial parent.
• Form 3. Appendix A. Form 3. Appendix A, which attached to the Marital Termination Agreement (MTA), reviews the protocols for the payment of maintenance and support to public agency responsible for child support collection.
• Child Support Guidelines Worksheet: The worksheet is a one page form that is used to calculate the contributions of both the payor and recipient of child support based on income and after deductions and adjustments.
• Child Support - Minnesota Statutes: The statutes define the child support guidelines.
• Affidavit Regarding Custody: This affidavit is used to establish and certify custody of children in a divorce action.
• Financial Affidavit: The parents must serve and file a Financial Affidavit disclosing all sources of income to determine child support for the joint child or children of the parents. Information listed in the Financial Affidavit provides the court with information needed to calculate child support.
• Default Scheduling Request: This form is used to schedule and administrative approval of a default ruling in favor the plaintiff when the respondent fails to appear in the action.
• Affidavit of Non-Military Status: This notarized affidavit, signed by the petitioner, attests that the respondent is not in the military. This means he or she is not covered by the Service Members' Civil Relief Act.
• Finding of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree: The Findings of Fact support the Conclusions of Law, which define the obligations of the spouses in the dissolution of the marriage. The Marital Termination Agreement is the basis for the Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and the Decree.

Sample Finding of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree for Minnesota (first 2 pages only)