Divorce is never easy, but having the right attorney makes all the difference. Our
Mankato divorce lawyers guide you through every step of the Minnesota divorce
process with compassion and legal expertise.
Divorce is one of the most significant legal and personal events you may ever experience. Under Minnesota Statutes Chapter 518, a dissolution of marriage involves resolving critical issues including the division of marital property, spousal maintenance (alimony), child custody and parenting time and child support. Each of these issues carries long-term financial and personal consequences that require careful legal analysis and strategic advocacy. Having an experienced divorce attorney who understands both the legal complexities and the human dimensions of divorce is essential to protecting your interests.
At Birkholz Law, our divorce attorneys have helped hundreds of clients navigate the divorce process in Blue Earth County, Nicollet County, Brown County and courts throughout Southern Minnesota. We understand that every divorce is unique — from straightforward uncontested dissolutions to highly complex cases involving business valuations, hidden assets, custody disputes and allegations of domestic abuse. We tailor our approach to meet the specific needs and goals of each client.
Minnesota is a no-fault divorce state, meaning the only ground for divorce is an “irretrievable breakdown of the marriage relationship” (Minn. Stat. § 518.06). Neither spouse needs to prove adultery, abandonment or any other wrongdoing. However, while obtaining the divorce itself is straightforward, the issues that must be resolved — property division, maintenance, custody and support — can be extraordinarily complex and contentious. Our attorneys help you understand your rights under Minnesota law and fight for fair outcomes on every issue.
A Minnesota divorce begins when one spouse (the petitioner) files a Summons and Petition for Dissolution of Marriage in the district court of the county where either spouse resides. The other spouse (the respondent) must be formally served with these documents. Once served, the respondent has 30 days to file an Answer. Minnesota requires at least one spouse to have been a resident of the state for at least 180 days before filing (Minn. Stat. § 518.07).
After filing, there is a mandatory 30-day waiting period before the divorce can be finalized (Minn. Stat. § 518.13). During this period — and often for several months beyond — the parties work to resolve the outstanding issues through negotiation, mediation or if necessary, trial. The court will schedule an Initial Case Management Conference (ICMC) early in the process to establish timelines and identify contested issues. If the parties cannot reach agreement, the court schedules a prehearing settlement conference and ultimately a trial.
Many divorces are resolved through negotiation or mediation, which can be faster, less expensive and less adversarial than going to trial. Minnesota courts actively encourage alternative dispute resolution and may require mediation before allowing contested issues to proceed to trial. However, when the other side is unreasonable, when there are allegations of domestic abuse, or when important issues cannot be resolved through agreement, our attorneys are fully prepared to take your case to trial and advocate aggressively for the outcome you deserve.
Minnesota is an equitable distribution state, meaning marital property is divided fairly — but not necessarily equally — between the spouses (Minn. Stat. § 518.58). The critical first step is distinguishing between marital property and non-marital property. Marital property includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Non-marital property includes assets owned before the marriage, gifts received by one spouse from a third party, and inheritances — provided they have been kept separate and not commingled with marital assets.
The valuation date for marital property is the day of the initially scheduled prehearing settlement conference, not the date of separation or the date of filing. This is an important distinction because asset values can change significantly between these dates. The court considers numerous factors when dividing property, including the length of the marriage, each spouse’s age and health, each spouse’s income and earning capacity, each spouse’s contribution to the acquisition and preservation of marital property (including homemaking contributions), and the economic circumstances of each spouse at the time of division.
Complex property division cases may involve business valuations, professional practice valuations, stock options, retirement accounts (requiring Qualified Domestic Relations Orders or QDROs), real estate appraisals and tracing of commingled assets. Our attorneys work with forensic accountants, business valuation experts, and other professionals to ensure that all marital assets are properly identified, valued and divided. We also have experience identifying hidden assets and income when one spouse is not being forthcoming about their financial situation.
Spousal maintenance — commonly known as alimony — may be awarded under Minn. Stat. § 518.552 when one spouse lacks sufficient property to provide for their reasonable needs, or when one spouse is unable to provide adequate self-support through appropriate employment. Unlike child support, there is no mathematical formula for calculating spousal maintenance in Minnesota — the amount and duration are determined by the court’s discretion based on statutory factors.
The court considers several factors when determining maintenance, including: the financial resources of the spouse seeking maintenance; the time necessary to acquire sufficient education or training to find appropriate employment; the standard of living established during the marriage; the duration of the marriage; the age and physical and emotional condition of the spouse seeking maintenance; and the ability of the spouse from whom maintenance is sought to meet their own needs while meeting the needs of the other spouse.
Minnesota recognizes three general types of spousal maintenance: temporary maintenance (awarded during the divorce proceedings to maintain the status quo), rehabilitative maintenance (awarded for a specific period to allow the receiving spouse to become self-supporting through education or training), and permanent maintenance (awarded in long-term marriages where the receiving spouse is unlikely to become fully self-supporting). Our attorneys advocate for fair maintenance outcomes whether you are seeking maintenance or defending against an excessive maintenance request. We also handle post-decree maintenance modifications when circumstances change significantly.
During the divorce process, either party can request temporary orders from the court to address urgent issues that cannot wait until the divorce is finalized. Temporary orders may address temporary custody and parenting time, temporary child support and spousal maintenance, exclusive use of the marital home, payment of debts and expenses during the proceedings, and restraining orders to prevent the dissipation of marital assets.
In cases involving domestic abuse, a spouse can seek an Order for Protection (OFP) under the Minnesota Domestic Abuse Act (Minn. Stat. § 518B.01). An OFP can require the abusive spouse to leave the home, grant temporary custody of children and prohibit contact. Our attorneys handle emergency motions and protective orders to ensure the safety of our clients and their children during the divorce process.
Life circumstances change after a divorce is finalized, and Minnesota law provides mechanisms for modifying divorce decrees when those changes are significant. Child custody and parenting time can be modified upon a showing of a substantial change in circumstances that makes the modification in the child’s best interests. Child support can be modified when there has been a substantial change in income, a change in parenting time or a change in the children’s needs. Spousal maintenance can be modified when there has been a substantial change in circumstances that makes the existing terms unreasonable.
When the other party is not complying with the terms of the divorce decree — whether by failing to pay support, violating custody orders, or refusing to transfer property — our attorneys can bring enforcement actions including contempt of court motions. Contempt can result in fines, wage garnishment, property liens and in extreme cases, incarceration. We aggressively enforce our clients’ rights under their divorce decrees.
Mark and Sarah, a couple from just outside New Ulm, decided to divorce after twenty years of marriage. Mark runs a successful multi-generational family farm, with significant assets tied up in land, equipment and business interests. Sarah left her nursing career to raise their three children, one of whom has special needs requiring expensive care. They both knew they wanted to end the marriage, but had no idea how to untangle their deeply intertwined financial lives or create a stable future for their children. They incorrectly assumed that since they were amicable, they could handle the process themselves with online forms, not understanding the complexities of valuing a family farm or calculating future spousal maintenance.
Their biggest mistake was trying to divide assets without professional valuations. Mark believed the farm was his non-marital property, a common misconception. Sarah, wanting to keep things peaceful, was prepared to accept a quick cash buyout that drastically undervalued her marital share and failed to account for her future financial needs. They also struggled to create a parenting plan that addressed their son’s unique medical and educational requirements, leading to arguments and stress for the entire family. Their attempts at informal discovery were incomplete, leaving both parties without a clear picture of the total marital estate.
An experienced family law attorney intervened and immediately filed a petition for dissolution under Minn. Stat. 518.06, initiating formal discovery. The attorney hired a neutral business valuator and a real estate appraiser to determine the true value of the farm and other assets, uncovering that a significant portion of the farm’s increase in value during the marriage was marital property. The attorney also structured a creative settlement, using a combination of spousal maintenance and a property settlement to provide Sarah with long-term financial security without forcing a sale of the farm. Through mediation, they established a detailed parenting plan with specific provisions for their son’s care, ensuring his needs were met and minimizing future conflict.
The financial consequences of a divorce are often the most immediate and stressful. Under Minnesota law, marital property is to be divided in a just and equitable manner, which does not always mean an equal 50/50 split. This process involves inventorying all assets and debts, classifying them as marital or non-marital, and valuing them, which can be a complex and contentious process, especially with assets like a business or a farm. The court may also order one spouse to pay spousal maintenance to the other, as governed by Minn. Stat. 518.552, to ensure a similar standard of living post-divorce, which can have a long-term impact on both parties’ financial futures.
For families with children, the impact of divorce extends far beyond finances. The creation of a parenting plan is a critical step, outlining custody arrangements and a parenting time schedule. This transition can be emotionally difficult for children, who may struggle with loyalty conflicts and the disruption of their daily routines. A well-crafted parenting plan can mitigate this impact by providing stability and predictability. The emotional wellbeing of the entire family is at stake, and it is common for parents and children to experience anxiety, depression and anger during and after a divorce.
Divorce also brings significant changes to housing, employment and personal relationships. One or both spouses will likely need to find a new place to live, which can be a financial and logistical challenge. A spouse who has been out of the workforce for an extended period may need to re-enter it, requiring new skills or education. Relationships with friends and extended family can also become strained, as people may feel compelled to take sides. Rebuilding a social support network and adjusting to a new single life is a process that takes time and emotional energy.
“Minnesota is a no-fault state, so my spouse’s affair doesn’t matter.” While it is true that Minnesota is a no-fault divorce state under Minn. Stat. 518.06, meaning you do not have to prove fault to get a divorce, marital misconduct can still be a factor in certain circumstances. For example, if a spouse spent significant marital assets on an affair, a judge could consider that financial misconduct when dividing property. While the affair itself is not grounds for divorce, the financial impact of it can be relevant.
“The mother always gets custody of the children.” This is a persistent myth that is not supported by Minnesota law. The court’s primary consideration in all custody decisions is the best interests of the child, as outlined in Minn. Stat. 518.17. The law is gender-neutral and there is no presumption in favor of either the mother or the father. The court will consider many factors, including which parent has been the primary caregiver, the child’s preference if of a suitable age, and the physical and mental health of all individuals involved.
“We agree on everything, so we don’t need lawyers.” Even in an uncontested divorce, it is wise for each party to have their own attorney. An attorney can provide valuable advice on your rights and obligations, ensure that all legal documents are drafted correctly and protect your interests. People often underestimate the complexity of property division, spousal maintenance and parenting plans. A seemingly simple agreement can have unforeseen long-term consequences, and an attorney can help you avoid costly mistakes.
“All of our property will be split 50/50.” Minnesota is not a community property state. Instead, it is an equitable distribution state. This means that the court will divide marital property in a manner that is just and equitable, which may or may not be a 50/50 split. The court will consider many factors, including the length of the marriage, any prior marriages of either party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets and income of each party.
Your fundamental right in a Minnesota divorce is the right to have the marriage dissolved. Under Minn. Stat. 518.06, Minnesota is a no-fault divorce state. This means that you do not need to prove that your spouse did something wrong to be granted a divorce. You only need to state that there has been an irretrievable breakdown of the marriage relationship. This right ensures that you cannot be forced to remain in a marriage that you no longer wish to be in.
You have a right to an equitable share of the marital property. Marital property is generally any property acquired by either spouse during the marriage. Under Minn. Stat. 518.58, the court must divide marital property in a just and equitable manner. This does not necessarily mean an equal division. You have the right to a full and frank disclosure of all assets and debts from your spouse through the process of discovery. This right to discovery is crucial for ensuring a fair property division.
You may have a right to receive spousal maintenance, formerly known as alimony. Spousal maintenance is not automatic and is awarded on a case-by-case basis. Under Minn. Stat. 518.552, the court will consider whether you lack sufficient property to provide for your reasonable needs and whether you are unable to provide adequate self-support. The court will also consider a number of factors, including the standard of living established during the marriage and the duration of the marriage. You have the right to request temporary spousal maintenance while the divorce is pending.
If you have children, you have the right to a custody and parenting time arrangement that is in their best interests. Minnesota law, under Minn. Stat. 518.17, presumes that it is in the best interests of a child to have a relationship with both parents. You have the right to be a part of your children’s lives, and the court will establish a parenting plan that sets out a schedule for parenting time. You also have the right to make decisions about your children’s upbringing, education and health care, either jointly with your spouse or solely, depending on the custody arrangement.
The vast majority of divorce cases in Minnesota are resolved through settlement, not trial. The key to a favorable settlement is thorough preparation and strategic negotiation. This begins with the discovery process, where each party gathers information about the other’s finances and other relevant matters. A common strategy is to serve formal discovery requests, including interrogatories and requests for production of documents, early in the case. This ensures that you have a complete financial picture before entering into any negotiations, preventing your spouse from hiding assets or misrepresenting their income.
Mediation is a powerful tool for resolving divorce cases and is required in most Minnesota counties before a case can go to trial. In mediation, a neutral third party helps the spouses and their attorneys negotiate a settlement. A successful mediation strategy involves being well-prepared with a clear understanding of your goals and your bottom line. It also involves being willing to compromise. A good attorney will prepare a detailed mediation statement that outlines your position and provides supporting documentation, setting a positive tone for a productive negotiation.
When a case cannot be settled, it will proceed to trial. A successful trial strategy involves presenting a clear and compelling case to the judge. This means having all of your evidence organized, your witnesses prepared and your legal arguments well-honed. An experienced trial attorney will know how to effectively cross-examine the other party and their witnesses, and how to present your story in a way that is persuasive to the court. While trial is always a last resort, being prepared to go to trial can often be the best leverage for achieving a favorable settlement.
The minimum is 30 days from the date of service, but most divorces take between three and twelve months depending on the complexity of the issues and whether the parties can reach agreement. Simple uncontested divorces with no children and minimal assets can be completed relatively quickly. Complex contested cases involving custody disputes, business valuations, or significant assets may take a year or longer.
Not necessarily. If you and your spouse can reach agreement on all issues through negotiation or mediation, the divorce can be finalized with minimal court involvement — often just a brief default hearing where one spouse appears before the judge to confirm the terms of the agreement. However, if issues are contested, court appearances will be necessary.
Minnesota uses equitable distribution, meaning marital property is divided fairly but not necessarily 50/50. The court considers the length of the marriage, each spouse’s contributions, each spouse’s economic circumstances and other factors. Non-marital property (assets owned before marriage, gifts and inheritances) generally remains with the spouse who owns it, provided it has not been commingled with marital assets.
A legal separation (called “separate maintenance” in Minnesota under Minn. Stat. § 518.06, subd. 5) resolves the same issues as a divorce — property division, maintenance, custody and support — but the parties remain legally married. Some couples choose legal separation for religious reasons, to maintain health insurance coverage, or because they are not yet certain they want to divorce. A legal separation can later be converted to a divorce.
Yes. Minnesota is a no-fault state, and either spouse can obtain a divorce by asserting that there has been an irretrievable breakdown of the marriage. The other spouse’s agreement is not required. If your spouse does not respond to the divorce petition, you can proceed by default. If your spouse contests the divorce, the court will still grant it — the contested issues will be the terms of the divorce (property, custody, support), not whether the divorce itself will be granted.
The timeline for a divorce can vary greatly depending on the complexity of the case and the level of conflict between the spouses. An uncontested divorce with no children and minimal assets can be finalized in as little as a few months. A contested divorce involving complex financial issues or a custody dispute can take a year or longer to resolve.
The cost of a divorce also varies widely. The biggest factor is attorney’s fees, which are typically billed on an hourly basis. The more time your attorney has to spend on your case, the more it will cost. A simple, uncontested divorce may cost a few thousand dollars, while a complex, litigated divorce can cost tens of thousands of dollars or more.
Not necessarily. Many divorces are settled out of court through negotiation or mediation. If you and your spouse can reach an agreement on all issues, your attorneys can draft a stipulated judgment and decree that can be submitted to the court for approval without a formal hearing. However, if you cannot reach an agreement, you may have to go to court to have a judge decide the unresolved issues.
An irretrievable breakdown of the marriage is the legal standard for divorce in Minnesota. It simply means that there is no reasonable prospect of reconciliation. You do not need to prove that your spouse did anything wrong. If one spouse believes the marriage is irretrievably broken, the court will grant the divorce.
Yes. If you meet the residency requirements and you state that the marriage is irretrievably broken, the court will grant the divorce even if your spouse objects. Your spouse cannot prevent you from getting a divorce.
Legal custody refers to the right to make major decisions about a child’s upbringing, such as education, health care and religious training. Physical custody refers to where the child lives on a day-to-day basis. Custody can be sole or joint. Joint legal custody is very common, while joint physical custody is less common but becoming more so.
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