Divorce Filing Fees and Court Costs in Minnesota

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The divorce filing fee in Minnesota is set by statute. Most counties add a small surcharge, so a petitioner should expect a first-filing cost of roughly $400. Other court-related expenses follow as a case moves forward. This page explains those court costs: filing fees, motion fees, service, required programs, and the procedure for asking the court to waive fees. It is part of the site’s guide to divorce in Minnesota.

Attorney fees are a separate subject, covered on the Attorney Fees page. The figures below are court charges, which apply whether or not a party hires counsel.

The Initial Filing Fee

Under Minn. Stat. § 357.021, subd. 2, the first party to file in a civil action pays a base fee of $310. In marriage dissolution actions, however, the base fee is $340. Each county may add a law library fee, so the total varies slightly by location. In Hennepin County, for example, the Minnesota Judicial Branch lists the total dissolution filing fee as $402. That is the same amount with or without children, and for a summary dissolution.

The responding spouse also pays a fee when filing a first document, such as an answer. The statute sets the respondent’s base fee at the same amount. For that reason, a contested divorce typically involves two first-filing fees, one for each spouse.

Filing fees change over time. The current amount for a particular county is posted on the Minnesota Judicial Branch website.

Motion Fees and Other Court Charges

Additional fees arise during the case. Section 357.021, subd. 2 sets these common charges:

  • Filing a motion, or a response to a motion, in a family case: $100.
  • Filing a motion, or a response, to modify child support: $50.
  • A certified copy of a court document, such as the final decree: $14.
  • Issuing a subpoena: $16 for each name.

Not every case involves motions. An agreed divorce may require only the initial filing fees and a few certified copies. Conversely, a contested case with temporary motions and post-decree disputes can generate many motion fees over time.

Costs of Serving the Petition

A divorce begins when the summons and petition are served on the other spouse (Minn. Stat. § 518.11). Service costs vary with the method used:

  • Admission of service. When the other spouse signs an acknowledgment of service, the cost is usually nothing.
  • Personal service. Any adult who is not a party may serve the papers (Minn. R. Civ. P. 4.03). County sheriffs and private process servers charge for this, and their fees vary.
  • Alternative service. When a spouse cannot be found, the court may authorize another method under § 518.11. Some methods, such as publication, carry their own charges.

Required Programs and Court-Ordered Services

Several costs depend on the issues in the case, not the filing itself.

Parent Education Program

In most cases involving custody or parenting time, each parent must attend a parent education program (Minn. Stat. § 518.157). Programs charge a fee, typically on a sliding scale. A party who qualifies for a fee waiver is exempt from the program fee.

Alternative Dispute Resolution

Most family cases must try alternative dispute resolution before trial (Minn. Gen. R. Prac. 310.01). Mediators and early neutral evaluators charge for their time, and the parties usually share that cost. See Mediation in MN Family Law and Early Neutral Evaluation (ENE).

Evaluations and Appraisals

When facts are disputed, the case may require outside professionals. These can include a custody evaluator, a guardian ad litem, a real estate appraiser, or a business valuator. The court may order the parties to pay guardian ad litem fees (Minn. Stat. § 518.165). These services are often the largest non-attorney expense in a contested case.

Requesting a Fee Waiver

Minnesota allows a person who cannot afford court fees to proceed without paying them (Minn. Stat. § 563.01, subd. 3). This is sometimes called proceeding in forma pauperis. The request is made by affidavit, stating the nature of the case, a belief that the person is entitled to relief, and an inability to pay.

Certain applicants are presumed eligible, including a person who:

  • receives qualifying public assistance;
  • is represented by a civil legal services or volunteer attorney program because of limited income; or
  • has an annual income at or below 125 percent of the federal poverty line.

If a person does not meet those criteria but still cannot pay the full amount, the court may order a reduced payment, such as $75, instead. A waiver may cover filing fees, motion fees, and certain other court costs, and it also waives the parent education program fee.

Shifting Costs Between Spouses

In some cases, one spouse can be ordered to help pay the other’s costs. Under Minn. Stat. § 518.14, subd. 1, the court must award fees, costs, and disbursements needed for a party to carry on the case. The award requires findings that the fees are necessary and that the other party has the means to pay. The court may also award fees against a party who unreasonably adds to the length or expense of the proceeding.

Keeping Court Costs Down

Court costs are modest compared with professional fees, but they add up. Several practical steps can help:

  • Request an admission of service before paying for personal service.
  • Resolve issues by agreement where possible, which avoids motion fees.
  • Consider a summary dissolution when the eligibility requirements are met (Minn. Stat. § 518.195).
  • Gather financial records early, using the site’s divorce documents checklist.
  • Apply for a fee waiver at the start of the case, if eligible.
Governing lawMinn. Stat. § 357.021

Sets district court filing, motion, copy, and subpoena fees, including the higher base fee for marriage dissolution actions; fee waivers are governed by § 563.01.

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