How long does a Divorce take in Minnesota?

Short answer: How long does a divorce take? It depends mostly on whether you and your spouse agree. A Minnesota divorce can be finished in as little as four to six weeks when the spouses agree on everything, because Minnesota has no mandatory waiting period. A divorce that goes all the way to trial usually takes about six months to a year, and the most contested cases can take longer.

Monthly Calendar - How Long is a Divorce?
How long does a divorce take? It varies and can have a wide range.

How Long Does a Divorce Take?

It’s a fair question. Unfortunately, no one can answer it with certainty, because it depends on your situation. In fact, many things can affect how long a divorce takes.

The quickest divorces can be done in as little as four to six weeks. That usually happens when spouses agree on everything and work together from the start. After all, Minnesota has no mandatory waiting period. At the other extreme, the most contested divorces can drag on for years.

A divorce that goes all the way to trial, without extensions, usually takes six months to a year. The court’s schedule also affects timing, and that’s out of your control.

One fixed deadline does apply: once a spouse is served with divorce papers, they have 30 days to respond (Minn. Stat. § 518.12).

Five Factors that Influence Divorce Length

In general, five factors affect how long your divorce takes:

  • You: how cooperative or combative you are. The more combative, the longer it takes.
  • Your spouse: how cooperative or combative your spouse is. Again, the more combative, the longer it takes.
  • Your lawyer: how well your lawyer helps reach a settlement while still protecting your rights. More aggressive lawyering usually means a longer process.
  • Your spouse’s lawyer: likewise, the same is true for your spouse’s lawyer.
  • The issues: how many disagreements there are and how serious they are (child custody, spousal maintenance, property division, and so on). The more disagreements and the wider the gap, the longer it takes.

Of course, these are general tendencies. For example, having an assertive lawyer doesn’t necessarily mean your divorce will take longer.

To keep things moving, focus on your own behavior. It also helps to choose a divorce lawyer who works toward a peaceful outcome. However, you can’t control how your spouse or their attorney will behave.

Reaching Agreement Ends the Process

At any point, if you and your spouse agree on all issues, you or your lawyers can write up that agreement. Once the judge approves it, it becomes the Judgment and Decree.

Usually, one attorney drafts the proposed decree. Then both spouses and their attorneys review it and suggest changes. Once everyone signs, one of the lawyers sends it to the judge for final approval.

Finally, after the judge signs the decree, the court enters judgment. Then, usually within a few weeks, the court lets you know the divorce is final.

Have another divorce or family law question? See our list of topics or the FAQ page.

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