Short answer: A Minnesota divorce can cost anywhere from about $3,000 to, rarely, $100,000. Many divorces resolve for roughly $5,000 to $10,000 per spouse. Attorney fees and how much the spouses disagree drive most of the cost.
“What does a divorce cost in Minnesota?” It’s a common and very fair question. The cost can range from about $3,000 to $100,000, though the high end is very unusual. Many divorces resolve for somewhere between $5,000 and $10,000 per spouse, but there are no guarantees.
Several factors affect the cost, and they vary with each person’s situation. A range is helpful, but here are ten factors that can drive the cost of your divorce up or down.
10 Factors that Influence Cost to Divorce
1. Your Attorney Fees
Your attorney’s fees may affect the cost of your divorce more than anything else. Your attorney should be upfront about their hourly rate and retainer.
They should also be willing to explain their billing practices and answer your questions before you sign a fee agreement. For example, some firms bill separately for expenses such as printing, photocopies, and postage. So it helps to know whether your attorney charges for these, so you can budget.
2. Your Relationship with Your Spouse
If spouses can still work together, divorce usually costs less. The more the spouses can negotiate informally, the lower the cost tends to be.
But sometimes it’s best for the spouses not to talk directly, for example when there is a lot of conflict or an order for protection. And the less the spouses trust each other, the harder it is to reach an agreement, which raises the cost.
3. Your and Your Spouse’s Expectations
What does each spouse want out of the divorce? Very few divorces end with one spouse getting everything they want. It’s far more common for each spouse to agree to something they can live with.
To keep costs down, it helps for each spouse to have realistic expectations. That doesn’t mean giving in to every demand. But when spouses are reasonably flexible, divorce costs usually go down.
4. Your Attorney and your Spouse’s Attorney
A good divorce attorney always puts your interests ahead of their own and works cordially with everyone involved, including your spouse and your spouse’s attorney.
Hostility breeds hostility. It lowers trust and cooperation, which makes it take longer to reach a resolution and raises the cost. In some cases, it can force an expensive trial.
Hiring an aggressive lawyer doesn’t guarantee you’ll come out ahead financially. It’s usually more cost-effective to choose an assertive divorce attorney who puts your needs first and stays calm and respectful while representing you.
5. Your and Your Spouse’s Desire to Divorce
If one spouse doesn’t want the divorce, they may be less motivated to settle and more willing to go to trial. Only about 5 to 10 percent of Minnesota divorces go to trial, but the closer a case gets to trial, the more it costs.
That’s because an attorney’s workload increases sharply as trial approaches, and trial preparation is very labor-intensive. Spouses heading to trial may also pay more to neutrals, experts, and other professionals.
If your spouse has unreasonably added to the length and cost of your divorce, you may be able to ask the court to order your spouse to pay some of your attorney fees.
6. Marital Assets and Debt
Usually, the more assets and debts a couple has, the more the divorce costs. When there’s more to gain or lose, paying more in fees to get a good result can make sense.
Couples may also need to hire appraisers or other experts to value marital property so it can be divided fairly. That cost may be worthwhile, but it’s still an added expense.
7. Children
If the spouses disagree about custody or parenting time, the divorce can cost more, because they may need a third party, such as a custody evaluator or guardian ad litem, to assess the children’s best interests.
Custody evaluations are very detailed and take a lot of time and work, so they’re usually expensive.
Child support can also lead spouses to fight all the way to trial, because over the long term it can be a significant expense.
8. Court Fees
Expect to pay roughly $400 in court filing fees to file for divorce in Minnesota. The exact amount depends on the county, and the responding spouse also pays a fee to file an answer. If you can’t afford the fees, you can ask the court to waive them.
Some counties also charge a fee for a certified copy of the final divorce decree.
You’ll pay court fees whether or not you hire a divorce attorney. These fees help pay for the court’s services.
9. Service Costs
The spouse starting the divorce may have service costs. Minnesota law requires that the papers starting a divorce be delivered to the other spouse by an adult other than the spouse filing for divorce, usually a sheriff’s deputy or private process server. (Spouses who agree on the divorce can skip this step by filing a joint petition.)
Service costs are a separate amount you pay to a third party to “serve” your spouse with the divorce papers. Service tends to cost more if your spouse lives outside Minnesota or you don’t know where your spouse lives.
Prices vary depending on who serves the papers, so it can help to shop around. A divorce attorney can recommend and arrange a process server if you like.
10. Alternative Dispute Resolutions (ADR) costs
When spouses disagree, it’s usually about child custody, child support, spousal maintenance, or property. That’s understandable, because these are major issues for any separating family.
The further apart spouses are on an issue, the harder it is to reach an agreement. When that happens in Minnesota, spouses are encouraged and expected to hire a neutral alternative dispute resolution (ADR) professional, such as a mediator or early neutral evaluator.
If spouses have significant unresolved issues, the divorce will cost more because these professionals charge for their services. But those costs are usually small compared to the cost of a trial.
Both the type of ADR you choose, such as mediation or early neutral evaluation (ENE), and the professional you hire will affect the cost. A more expensive professional may be worth it if they help you reach a settlement.
In Summary
As you can see, the cost of a divorce in Minnesota depends heavily on factors specific to your situation, which is why the range is so wide.
Spouses who manage these factors usually spend less on their divorce. It also helps when everyone involved makes a real effort to resolve issues and move forward.
Have another divorce or family law question? See our list of topics or the FAQ page.
Talk to a Minnesota divorce and family law attorney
Send a message or email, and Matt will reply within one business day. Monday through Friday, 8:00 a.m. to 6:00 p.m.
Phone consultations are by appointment. Email or use the form to schedule one.