Minnesota Divorce Records

According to recent data from the National Center for Family and Marriage Research (NCFMR), Minnesota has a divorce rate of approximately 10.91 divorces per 1,000 married women, one of the lowest recorded rates across the country, and significantly lower than the national average of 14.56 per 1,000.

Minnesota is a "no-fault" divorce state, with the sole ground for the dissolution of marriages in the state being an "irretrievable breakdown" of the marital relations. As a no-fault state, neither spouse is required to prove fault or wrongdoing on the part of the other as the reason for the marriage's breakdown.

The cost of a divorce in Minnesota can vary significantly, potentially ranging from several thousand to tens of thousands of dollars. Factors influencing these costs include attorney fees, court filing fees, mediation expenses, and whether the divorce is contested or uncontested - contested divorces, which involve disputes over property division, child custody, and support, generally incur higher costs. Nevertheless, surveys indicate that it costs an average of $9,365 per person to get a divorce in the North Star State, lower than the national average of $9,969.

Are Divorce Records Public in Minnesota?

Divorce records in Minnesota are generally considered public data under the state's Government Data Practices Act; as such, they are typically accessible to any interested party.

However, access to certain information within these divorce records may be restricted to specific parties, such as the person(s)named on the record, law enforcement, and judicial officers. Examples of this restricted information include sensitive details related to child custody arrangements, mental health-related information, financial information like social security numbers and bank account details, and domestic abuse-related information. This information is usually redacted or sealed to safeguard the privacy and well-being of the individuals involved.

What Is Included in Minnesota Divorce Records?

Minnesota divorce records refer to official documents generated and filed about divorce proceedings in the state, officially termed "actions for dissolution of marriage". These documents are maintained by the District Court in the county where the divorce was granted, and they typically include:

• Divorce Decrees: This is the final court order that "dissolves" the marriage and lays out the terms of the divorce. A divorce decree is sometimes referred to as a "judgment and decree of dissolution" and it contains details on the court's final decisions regarding issues of the divorce case, including child custody and support, spousal maintenance, and property division.
• Certificates of Dissolution: This is a shorter version of the divorce decree (usually a single-page document) that serves as official proof of the divorce. Certificates of dissolution are commonly referred to as "divorce certificates" and they contain basic details like the names of the divorcing parties, the date of the divorce, and any post-divorce name changes granted by the court.
• Divorce Court Records/Case Files: These refer to all documents filed throughout a particular divorce proceeding, starting from the petition for dissolution to the judgment and decree of dissolution, and any subsequent modifications to the decree.

How Do I Find Minnesota Divorce Records?

Minnesota divorce records are maintained locally by the District Court in the county where the divorce was granted and may be accessed through the appropriate court administrator's office. Certified copies of these divorce records are often required for various legal and personal uses, including:

• Serving as official proof of a divorce
• Processing name changes
• Updating marital status with relevant entities, including government agencies and financial institutions
• Applying for benefits and claims
• Enforcing or modifying divorce-related court orders

Look Up Minnesota Divorce Certificate

You may obtain copies of a Minnesota divorce certificate by visiting the county courthouse where the divorce was granted and submitting an official request to the court administrator's office (forms are typically available at the office). There is a base fee of $14 for obtaining certified court documents in Minnesota (additional fees may apply depending on the county).

Look Up Minnesota Divorce Decree

Minnesota divorce decrees are maintained at the county level by District Courts and may be accessed by contacting the appropriate court in the county where the divorce was granted and submitting a record request.

Requests may be made in person at the court administrator's office or submitted by mail using either a court-specific or a statewide request form. You will generally need to provide details like the names of the parties involved in the divorce and the approximate date or year of the divorce to enable the court to locate the desired records.

Uncertified copies of divorce decrees are typically offered at no cost, while certified copies are offered for a base fee of $14 per copy requested. In-person requests may be processed the same day, while mail-in requests may take up to a week or two.

Look Up Minnesota Divorce Court Records

You may access copies of court documents within a Minnesota divorce case file through the court administrator's office in the county where the divorce proceedings were held. You will need to provide sufficient information to allow the court to locate the case file and necessary documents, and pay any applicable fees. Be aware that access to certain documents in the divorce file may be restricted, such as those containing sensitive personal or financial information, and you may be required to demonstrate a legitimate interest in the record before being granted access to these records.

The Minnesota Judicial Branch also offers free access to public divorce court records online via the Minnesota Court Records Online (MCRO) platform. Note that certified copies of documents cannot be accessed via this option.

Can You Seal Divorce Records in Minnesota?

It is possible to seal divorce records in Minnesota; however, you will need a compelling reason and court approval. Common reasons for sealing divorce records in the state include protecting sensitive personal information, safeguarding children involved in the divorce, or preventing harm to a party's reputation or livelihood.

To seal your divorce records, you will need to submit a motion to the District Court that handled the divorce proceedings. The motion should include a detailed explanation of why sealing the records is necessary, along with supporting evidence that demonstrates "good cause" for the request. The court will review the motion and evidence provided - in some cases, a hearing may be scheduled. If the court finds sufficient justification, it may grant the request and seal the records. Note that this is not always guaranteed, and the court has discretion to deny the motion.

How Long Does a Divorce Take in Minnesota?

Minnesota does not have a mandatory waiting period before a divorce can be finalized after papers have been filed. However, the actual timeline for a divorce proceeding in the state depends on several factors, primarily whether the divorce is contested or not.

For uncontested divorces, where both parties agree on all terms of the divorce, including property division, child custody, and support, the process can be relatively quick, potentially taking a few months. On the other hand, if both parties disagree on significant issues (contested divorces), the process often takes longer and may potentially extend to several months or even a year or more.

Does Minnesota Require Separation Before Divorce?

No, Minnesota does not require couples to be formally separated before filing for divorce.

How Are Assets Split in a Minnesota Divorce?

Minnesota follows the principle of equitable distribution when splitting assets in a divorce. Per state law, Minnesota courts must make a "just and equitable" division of marital property when the couple gets divorced - this means that the property will be divided fairly, but not necessarily equally, between both spouses. Marital property generally refers to all property acquired by either spouse during the marriage, regardless of whose name is on the property. This is different from "non-marital property", which refers to property owned by either spouse before the marriage or acquired during the marriage as a gift or inheritance.

When determining a just and equitable division, courts typically consider several factors, including:

• The length of the marriage
• Any prior marriages
• Each spouse's age, health, station, and occupation
• Each spouse's amount and sources of income
• Each spouse's contribution to acquiring, preserving, depreciating, or appreciating the value of the marital property

It is important to note that courts are not allowed to consider marital misconduct when determining property division in Minnesota. Also, even though non-marital property is typically not subject to division, the court may award up to half of this property to one spouse if it determines that their financial resources or property, including their share of marital property, are insufficient and would cause unfair hardship. However, the court must provide clear reasons and evidence to justify this decision.

Who Gets Custody of a Child in Divorce in Minnesota?

Child custody decisions in Minnesota are guided by the principle of the "best interests of the child", as outlined in Minnesota Statutes Section 518.17. As such, courts typically aim to ensure fairness and prioritize the child's physical, emotional, and developmental needs when determining custody arrangements. While there may have been historical biases in favor of mothers being awarded custody, largely due to the "tender years doctrine", courts now focus on gender-neutral factors, such as each parent's ability to meet the child's needs, rather than automatically favoring one parent. To this end, fathers in Minnesota are likely to get equal (50%) parenting time with mothers after a divorce proceeding, higher than the national average of 35%.

Minnesota law recognizes two main types of custody:

• Legal Custody: This refers to the right to make significant decisions about the child's upbringing, including medical care, education, and religious practices.
• Physical Custody: This refers to where the child lives and the right to make decisions about their routine, day-to-day activities.

Either type of custody may be awarded jointly to both parents, or solely to one parent if it is determined that this would be in the child's best interests. Note that joint physical custody does not automatically mean that the child will spend equal time with both parents.