Summary Dissolution in Minnesota

Last reviewed

Summary dissolution in Minnesota is a streamlined way for some couples to end a short marriage without a traditional court case. The spouses file a joint sworn declaration, and the court administrator enters the decree 30 days later. The procedure is set out in Minn. Stat. § 518.195. Its eligibility rules are strict, however, and many couples who expect to qualify do not. This page explains who may use it, how it works, and what alternatives exist. It is part of the site’s guide to divorce in Minnesota.

Who Qualifies

A couple may use summary dissolution only if they meet every one of the following criteria (§ 518.195, subd. 1):

Requirement Limit
Children No living minor children born to or adopted by the spouses, unless someone other than the spouse has been adjudicated the father
Pregnancy Neither spouse is pregnant
Length of marriage Fewer than eight years when the joint declaration is filed
Real estate Neither spouse owns any real estate
Marital debts No more than $8,000 in unpaid debts incurred during the marriage, not counting car loans
Marital assets Total fair market value of $25,000 or less, including net equity in vehicles
Nonmarital assets Neither spouse has more than $25,000
Domestic abuse Neither spouse has been a victim of domestic abuse by the other

Failing any single requirement disqualifies the couple. For example, owning a small cabin, or carrying more than $8,000 in credit card debt, rules out the procedure. The classification of assets follows the general rules explained on the site’s marital and nonmarital property page.

How the Procedure Works

The Joint Declaration

Both spouses sign a sworn joint declaration, and each signature must be notarized (§ 518.195, subd. 2). The declaration must include or attach:

  • the basic information required in a dissolution petition under Minn. Stat. § 518.10;
  • a verification that the couple meets each eligibility requirement;
  • a list of each spouse’s nonmarital property;
  • how marital assets and debts will be divided;
  • verification of both incomes, with each spouse’s right to spousal maintenance preserved; and
  • a certification that there has been no domestic abuse of one spouse by the other.

Educational Materials

The statute also requires the spouses to view any introductory and summary-process educational materials the court makes available. They must certify that they did so within the 30 days before filing.

Entry of the Decree

If the couple qualifies and has met the procedural requirements, the district court administrator enters the decree 30 days after the declaration is filed. Because the court administrator enters the decree, no hearing is typically required.

Residency Still Applies

Summary dissolution is still a dissolution. One spouse must therefore meet the 180-day residency requirement in Minn. Stat. § 518.07. See Divorce Residency Requirements. The filing fee for a dissolution also applies; see filing fees and court costs.

Limits of the Summary Process

The procedure suits couples with very little to divide and no shared children. Even then, it has drawbacks:

  • No court review of fairness. The spouses decide the division themselves, so neither receives a judge’s assessment of whether it is fair.
  • Maintenance is only preserved. The declaration preserves each spouse’s right to seek maintenance; it does not resolve that question.
  • Accuracy matters. The declaration is made under oath. A false statement about debts, assets, or abuse can expose the decree to challenge.

A dissolution decree may be reopened for reasons such as fraud or mistake, within the time limits in Minn. Stat. § 518.145, subd. 2. That statute does not allow the court to undo the dissolution of the marriage itself.

Alternatives for Couples Who Do Not Qualify

Most divorcing couples do not meet all eight criteria. Nevertheless, an agreed divorce can still be relatively simple:

  1. Joint petition. When spouses agree, they may file a joint petition, which requires no summons (Minn. Stat. § 518.09).
  2. Stipulated decree without a hearing. In a case without minor children, the court may approve a written stipulation without a final hearing (Minn. Stat. § 518.13, subd. 5).
  3. Mediation. Spouses who agree on most issues can resolve the rest with a neutral. See Mediation.

Whatever the route, gathering financial records early helps. The divorce documents checklist lists what to collect.

Governing lawMinn. Stat. § 518.195

Creates the summary dissolution process, lists eight eligibility criteria, and directs the court administrator to enter a decree 30 days after a qualifying joint declaration is filed.

Next step

Questions about your Minnesota divorce?

Property division, debts and the timeline of a dissolution all depend on the facts of your marriage. Majeski Law can review your situation and explain your options.

Contact Majeski Law online

Nothing on this site is legal advice. Contacting Majeski Law does not by itself create an attorney-client relationship.