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When can you file for an uncontested summary divorce?

When can you file for an uncontested summary divorce?

On Behalf of | May 26, 2021 | Divorce

Divorce is often expensive and can take months to finalize. You have already spent years in an unhappy marriage, so you may be eager to move on as quickly as possible.


Seeing people talk about so-called weekend divorces online might make you think that you can speed through an upcoming divorce and move on with your life. It’s important to understand that Minnesota does not have divorce statutes that will allow for the total dissolution of your marriage in a single weekend.


The fastest you can hope to divorce is within 30 days via a summary divorce. A summary divorce can help you completely avoid court battles and get your new life started within a month of filing. Can you and your ex file for a streamlined summary divorce in Minnesota?


Have you already set terms for the details?

You can’t request a summary divorce if you and your spouse have unresolved issues related to either the custody of your children or the division of property. You will have to start your own terms prior to filing and agree to uncontested divorce proceedings in order to qualify for a summary divorce.


Some couples may find that going through a few sessions of counseling or mediation with their attorneys can help them settle all of the major concerns. If you are on track to file an uncontested divorce, you must then determine whether or not you qualify for summary divorce based on the other criteria.


Minnesota limits the property and debts you can have in a summary divorce

In order to qualify, your marriage must last less than eight years. Your marriage must be free from domestic abuse and you must have limited overall assets. A summary divorce is not an option if you own real estate or have more than $25,000 in personal property. You won’t be able to qualify for a summary divorce if your total debts exceed $8,000.


In other words, only those with minimal household property and debts can qualify for a summary divorce. However, if these circumstances apply to your current situation, it’s possible that you could divorce quickly and more affordably than many others. Even if summary divorce isn’t an option for you, mediation and an uncontested filing could help you keep things more civil.