Minnesota Divorce Records

Divorce records in Minnesota include divorce case files and decrees. These records are maintained by the Minnesota Judicial Branch, typically stored at the county courthouse where the divorce was granted, and accessible to the public unless sealed for reasons like protecting children's identities or sensitive information.

Minnesota is a no-fault divorce state, meaning divorces are granted on the grounds of an irretrievable breakdown of the marriage. Filing for divorce requires meeting residency requirements, choosing the type of divorce, completing necessary forms, filing them with the court, serving papers to the spouse, and possibly attending a hearing. Divorce records can be accessed online via the Minnesota Court Records Online portal or obtained in person or by mail from the county courthouse, with certified copies available for a fee.

Minnesota’s divorce rate has declined from 4.2 per 1,000 people in 2000 to 2.7 in 2019. Divorce rates vary with age, education, and income. Younger couples have higher rates, with 48% of teenage marriages ending within 10 years.

What are Divorce Records?

Divorce records are official documents that detail the dissolution of a marriage. These records in Minnesota can be divorce case files, certificates of dissolution, and divorce decrees. Divorce case files are maintained by the Minnesota judiciary and are accessible at the Clerk of the Court Offices. They include petitions, motions, orders, and judgments in the divorce case. A Minnesota certificate of dissolution contains less personal information and is shorter than a divorce decree. It is signed by a judge and can be used to prove that you are divorced. The divorce decree is a lengthy document that includes basic divorce information (such as the names of the divorcing parties, the date of divorce, and the location of the divorce) and judgment decisions in all contested and uncontested matters in the divorce.

Divorce records in Minnesota are maintained by the Minnesota Judicial Branch and are typically stored at the county courthouse where the divorce was granted. These records are kept to ensure transparency and accountability in the legal process. Individuals may need copies of their divorce records for personal reasons, such as changing their name on official documents or proving their marital status.

Are Divorce Records Public in Minnesota?

Like most court records in Minnesota, divorce records in the state are also public records and can, therefore, be inspected or copied. However, some divorce records (portions of the record or complete records) may be sealed by the court upon request by parties in the divorce. Common reasons why a divorce record may be sealed include when the identity of children shared in the divorce is to be protected from the public, the presence of sensitive business information, and the need to protect the identity of domestic abuse and child abuse victims.

Divorce Stats and Rates in Minnesota

In 2000, the divorce rate was 4.2 in 1,000 people in Minnesota, compared to 2.7 in 2019. Therefore, in line with national trends, divorce rates have declined significantly over the past 20 years. Divorce rates in Minnesota vary significantly based on demographics such as age, education level, and income. Age is a crucial factor: younger couples are more likely to divorce, with 48% of marriages by teens ending within 10 years, compared to 24% of those over age 25. For those who marry between ages 20-25, over 60% of marriages end in divorce, while this rate drops to 30% for those marrying after age 25 and further to 20% for those marrying after age 30.

Education also impacts divorce rates. Individuals without a high school degree have a divorce rate 17% higher than average, whereas those with college degrees have an 11% lower rate. Income influences marriage stability, too, with households earning over $50,000 per year experiencing a 30% lower divorce rate than those earning under $25,000. Cohabitation before marriage is linked to a higher risk, increasing the likelihood of divorce by up to 40%.

Grounds for Divorce in Minnesota

Per Section 518.06 of Minnesota Statutes, the only available ground for divorce in the state is the "irretrievable breakdown of the marriage relationship." This makes Minnesota a no-fault divorce state. This law implies that you are not required to prove that your spouse is at fault or has done something wrong for a court in the state to grant the dissolution of your marriage. Even if your spouse does not want a divorce, you can be granted one under Minnesota's no-fault divorce law.

How to File for Divorce in Minnesota

Section 518.07 of Minnesota Statutes requires that you or your spouse reside in Minnesota for at least 180 days immediately preceding the filing date for a divorce.

Decide on the Type of Divorce: A divorce may be contested or uncontested. If it is uncontested, both parties agree on all major divorce matters, such as child custody and property division.
Gather Required Forms: Visit the Minnesota courts website or your local courthouse to obtain the necessary forms. The forms to be submitted may differ depending on the specifics of a divorce matter. Commonly required forms include:
Complete the Forms: Fill out the required forms. You may seek legal assistance or use self-help resources to complete the forms appropriately.
File the Forms with the Court: Submit the completed divorce forms to the District Court in the county where you or your spouse lives. You must pay the filing fee (varies by county but generally around $400). You can apply for a fee waiver if you cannot afford the fee.
Serve the Divorce Papers: You must serve the divorce papers to your spouse after filing. This can be done through:
- Personal Service: Having someone 18 or older who is not involved or associated with the case hand-deliver the papers to your spouse.
- Service by Mail: Using certified mail with a return receipt requested.
- Service by Publication: If you cannot locate your spouse, you may need to publish a notice in a newspaper.
- File the Affidavit of Service: Once your spouse has been served, complete and file the Affidavit of Service with the court to prove that the papers were delivered.

Respond to the Petition: If you are the responding spouse, you must file an Answer within 30 days of being served. This document states whether you agree or disagree with the Petition.
Financial Disclosures: At this stage, you and your spouse must exchange financial data such as information about expenses, income, debts, and assets. This ensures transparency in the division of assets and debts.
Temporary Orders: If you need temporary orders for issues like child support and spousal maintenance during the divorce process, you may file a motion for temporary relief. The court will schedule a hearing to issue an order addressing these matters.
Negotiate a Settlement: If your divorce is uncontested, you and your spouse must work to reach an agreement on all significant issues in the divorce. You may use mediation services to assist with negotiations to reach an agreement.
Finalize the Divorce: After reaching an agreement (in an uncontested divorce), file a Stipulation and Order form outlining the terms of the agreement, with the court. The judge may approve the agreement without a hearing. If you cannot reach an agreement with your spouse (a contested divorce), the case will go to trial. In what may require multiple hearings, you and your spouse will present your cases, evidence, and witnesses. The judge will consider submissions from you and your spouse and issue a final divorce decree. Once the judge signs the final decree, you are legally divorced.

Minnesota Divorce Decree

A divorce decree in Minnesota is officially referred to as the Judgement and Decree. It is the court's final decision and judgment on all matters in a divorce. The decree contains binding decisions on issues such as child custody, parenting time, spousal maintenance, child support, insurance coverage, and the division of property and debt.

How to Find and Access Minnesota Divorce Records

Minnesota divorce records are available via the Minnesota Courts Records Online and certified copies of divorce decrees may be obtained from county courthouses where divorces were granted. Uncertified court records are plain photocopies without a court seal and are suitable for personal records. Uncertified copies cannot be used for official purposes. Certified copies are photocopies with a court seal or an image of a court seal.

Certified copies cost $14 per document, except where the fee has been waived by a judge. Exemplified copies are photocopies with the signature of the judicial officer and court administrator verifying the document's validity. They cost $14 or $28 if both an exemplified and certified copy are required.

You can obtain a Minnesota divorce record in the following ways:

Offline Access

You can obtain certified copies of divorce decrees in Minnesota from the county courthouses where the divorces were granted. You may visit the court administration counter at a Minnesota courthouse to complete a same-day request in person. Note that if a record is not kept on-site, the court administration staff may not have immediate access to a court file and consequently be unable to provide a copy the same day. If you want an exemplified and a certified copy of a divorce record, you can pay the appropriate fee using a credit card, check, or money order made out to "District Court Administrator." If your request is for an uncertified copy, no fee is required.

Also, you can request a divorce record by completing a copy of the request form for the county (available on the Minnesota courts website) where the case is located. If no form is provided for your county, you may use the statewide copy request form or write a letter to the court. Mail the completed form to court administration in the county where the case is located. Unless the judge waived the fee in your case, payment must be sent with a copy of your request document. No fee is required for an uncertified copy of a divorce record.

Online Access

You can access Minnesota divorce case information via the Minnesota Court Records Online (MCRO) portal. Documents available on the MCRO portal are free. However, access to documents filed before July 1, 2015, is limited. The MCRO allows users to perform case, document, hearing, and judgment searches.

References

Counties in Minnesota

List of Content

What are Divorce Records?
Are Divorce Records Public in Minnesota?
Divorce Stats and Rates in Minnesota
Grounds for Divorce in Minnesota
How to File for Divorce in Minnesota
1. Minnesota Divorce Decree
How to Find and Access Minnesota Divorce Records
1. Offline Access
2. Online Access