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Summary Dissolution in Minnesota

Quick Facts

Summary divorce is almost always cheaper and faster than the standard process.
All of the criteria must be met.
Procedures must be followed.
Divorce is final 30 days after summary dissolution is filed.

You may be tempted to proceed with summary dissolution without consulting a divorce attorney. You should reconsider. Even if you are able to proceed summarily, you will do well to have a lawyer's opinion. Proceeding correctly from the beginning will save you money, even in summary proceedings. Lawyers make a lot of money cleaning up messes. You can save money by preventing the mess.

Criteria

Spouses who choose to divorce may use the streamlined dissolution procedure if they meet the following criteria:

no living minor children have been born to or adopted by the parties before or during the marriage, unless someone other than the husband has been adjudicated the father;
the wife is not pregnant;
they have been married fewer than eight years as of the date they file their joint declaration;
neither spouse owns any real estate;
there are no unpaid debts in excess of $8,000 incurred by either or both of the spouses during the marriage, excluding debts owed on automobiles;
the total fair market value of the marital assets does not exceed $25,000, including net equity on automobiles;
neither spouse has nonmarital assets in excess of $25,000; and
neither spouse has been a victim of domestic abuse by the other.

Procedure

Spouses qualifying with each of the preceding criteria may obtain a judgment and decree by doing the following:

filing a sworn joint declaration, on which both of their signatures must be notarized, containing or appending the following information:

the demographic data required by Minnesota law;
verifying the qualifications set forth in Minnesota law;
listing each party's nonmarital property;
setting forth how the marital assets and debts will be apportioned;
verifying both spouses' income and preserving their rights to spousal maintenance; and
certifying that there has been no domestic abuse of one party by the other; and

viewing any available introductory and summary process educational videotapes and certifying that they watched any such tapes within the 30 days preceding the filing of the joint declaration.

The court administrator will enter a decree of dissolution 30 days after the filing of the joint declaration if the spouses meet the statutory qualifications and have complied with the procedural requirements.