What Is a Joint Petition for Divorce in Minnesota?

Filing a joint petition for Dissolution of Marriage in Minnesota is an alternative way to file for divorce rather than “serving” one another, either with or without attorney representation. The parties cooperatively decide how they plan to separate and how they will make their agreements about their marital and non marital property, their finances and in cases where there are minor children, agreements will be made about custody, parenting time and the best interests of the children — once they have made agreements, the joint petition can be filed with the court and the judge will reduce the agreements to an Order.

When both parties can agree it can be less stressful. Since it’s a cooperative process it can save you time, money, and heartache.

A Joint Petition for Dissolution of Marriage is a single set of documents that the parties develop, execute and file together. There’s no plaintiff or defendant — just two people choosing to resolve their divorce amicably and collaboratively.

It’s an uncontested divorce, where both parties reach agreements on areas included, however not limited to:

  • Division of property
  • Assets and debts
  • Spousal maintenance

And In circumstances with  minor children

  • Custody and parenting time
  • Child support and shared expenses

Are determined.

What forms to Use

It’s extremely important to file the correct forms. Parties without minor children will file using a Joint Petition, Agreement, and Judgment and Decree for Marriage Dissolution Without Children.  Parties with minor children born during the marriage will file a Joint Petition, Agreement, and Judgment and Decree for Marriage Dissolution With Children.

Forms can be located on the Minnesota Judicial Branch website: Divorce / Dissolution – Forms

Step-by-Step: How to File a Joint Petition in Minnesota

Step 1 – Reach Agreement on All Terms

Before filing the completed forms the parties will have agreed on their division of property, assets and debts and in the case of minor children they will have determined custody, parenting time and child support.

Using a divorce mediator allows the parties to address each topic collaboratively and with an open mind.

Step 2 – Complete the Forms Together

Both parties fill out and sign every form.
Ensure names, dates, and details are consistent throughout. Small errors (like mismatched numbers or missing signatures) are among the most common reasons courts send forms back.

Using a mediator allows the parties to address each topic collaboratively and ensure the forms are completed without errors.

Since the parties are filing jointly there’s no need to serve papers. You’re literally filing together, not against each other — and that difference matters.

Step 3 – File in District Court

File your documents in the District Court of the county where either spouse lives.

  • The filing fee is is typically between $390 and $405, depending on the specific county where you file, as counties may add a local law library fee. 
  • If you cannot afford the divorce filing fee in Minnesota, you can apply for a fee waiver, also known as proceeding “In Forma Pauperis” (IFP).
  • Some counties allow e-filing; others still require in-person submission.

Using a mediator ensures the accurate filing of the correct joint petition. Once filed, the parties will receive a case number and confirmation that the documents are being reviewed by the judge assigned to the case.

Step 4 – Wait for Court Review

In most uncontested cases, the judge reviews your petition and issues a Decree of Dissolution within a few weeks. If the parties have minor children, a short hearing may be scheduled to ensure that the agreements entered around custody, parenting time and child support are in the children’s best interests. These hearings are usually quick, respectful, and focused on closure — not conflict.

Using a mediator allows the parties to move the process forward smoothly and without unexpected surprises.

Common Mistakes When Filing a Joint Petition for Divorce

Missing or Incomplete Information

Using the incorrect forms, leaving blanks, forgetting attachments, or skipping signatures can delay approval. Clear, accurate information in specific terms is necessary — “we’ll figure it out later” doesn’t work, however, in some cases reserving an issue and asking the judge to weigh in is an option. In essence, this means the parties are asking the court to press a “pause button” on that specific matter, either to think it over more thoroughly or to deal with it at a more appropriate time in the future.

Not Fully Agreeing Before Filing

Sometimes the parties rush to file before all details are settled. If disagreements surface afterward, the case may shift from being uncontested to contested — changing the filing process and adding unnecessary expense, months to settle and increased stress. Using a mediator helps support the parties and ensures clarity before filing.

Using Outdated or Incorrect Forms

Court forms change periodically. Using outdated versions or using forms from the incorrect county can lead to the rejection of the joint petition. Always verify you’re working with the most current forms (available on mncourts.gov).

Skipping Mediation or Review

Even amicable parties may benefit from professional review and support. Using a mediator ensures the agreements reached are balanced, complete, and written in language that the judge will understand.

During my 20+ year tenure, I’ve supported parties to file accurate and cooperative joint petitions. Those who invest time with a mediator write their own play book, almost always finishing more quickly than contested divorces  — with no revisions necessary.

Understanding Mediation and the Joint Petition Process

When couples choose mediation, the shared goal is usually to reach agreements together and file a joint divorce petition. A joint filing is exactly what it sounds like: you submit one set of paperwork, as a team, and ask the judge to approve your agreements and finalize your divorce. In this approach, you don’t serve each other with papers or take on the roles of “petitioner” and “respondent.” Instead, you work collaboratively toward a complete agreement. And if a few topics remain unresolved, you can still file jointly and simply ask the judge to decide those limited issues.

As a divorce mediator and Rule 114 Neutral, my role is to help you reach a fair, workable financial agreement. Mediation works best when both spouses are willing to compromise, be transparent, and think creatively about solutions. A key part of that is full disclosure — both partners must share all assets and debts, personal and business. When disclosures are missing or you’re unable to find agreement, the process naturally slows down. At that point, each of you has to decide how you want to proceed.

One option is to file on your own instead of filing jointly. Filing individually means you must serve the other person, and the case officially becomes “petitioner vs. respondent.” The court will assign a judge, give you a case number, and schedule an initial hearing (often on Zoom). This path includes strict timelines and rules, and the process becomes more formal.

By contrast, mediation offers flexibility. It’s less adversarial, more affordable, and allows you to reach agreements that better reflect your real-life needs. Judges typically encourage couples to mediate because you know your situation far better than the court does — and you can pick up where you left off rather than starting over. Mediators don’t impose deadlines or make decisions for you, but the process often leads to healthier communication and more sustainable agreements.

If you’re feeling stuck or unhappy with the pace, it’s reasonable to communicate that clearly. You can let the other person know that you intend to file separately if progress isn’t made and set a specific date for when disclosures or documents must be exchanged.

Even though you began mediation without attorneys, either of you may hire one at any time. An attorney can help you decide whether continuing toward a joint petition is best or whether filing separately makes more sense. And if you do choose to file on your own, you can still participate in mediation throughout the process.

Why Mediation Makes the Joint Petition for Divorce Process Easier

Mediation provides a space to have conversations, reach agreements before completing the paperwork.

There’s no guessing about what to expect from the other party since shared intentions are written into language the court can approve.

Judges want parties to reach agreements together. They appreciate well-written mediated agreements that reflect cooperation and understanding and are willing to execute such language into an Order.

Mediation isn’t just about efficiency — it’s about peace of mind.

Final Thoughts — File Together, Not Against Each Other

A joint petition for divorce in Minnesota is a self-determined way to end a marriage with integrity.

It’s typically faster, calmer, cooperative and more affordable.

When parties invest in a mediated process they can ensure that what they file truly represents what they want.

Considering filing a joint petition?  Want support to make sure the process is completed respectfully and accurately? I’m here to support you through the process.

👉 Schedule a free consultation to explore your options — calm, clear, and completely yours.

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Joint Petition for Divorce – FAQs

  1. What is a Joint Petition for Divorce in Minnesota?

    It’s a document both spouses sign and file together when they agree on all terms of their divorce. There’s no trial and no formal “service” between parties.

  2. Can we file jointly if we have children?

    Yes. You’ll include a Parenting Plan and child support terms for court review. Judges look for balanced, realistic agreements that reflect your children’s best interests.

  3. How long does approval take?

    Most joint petitions are executed by the Judge within 6 – 12 weeks, depending on the court’s caseload and completeness of the forms.

  4. What if I can’t afford the filing fee?

    You may qualify for a fee waiver if one or more of the following apply: 

    * You receive public assistance (such as MFIP, Food Stamps, Medical Assistance, SSI, or Energy Assistance).
    * Your household income is at or below 125% of the federal poverty level for your family size.
    * You can demonstrate that you do not have enough money to pay the filing fee and cover your basic living expenses (income, expenses, assets, and debts will be reviewed by a judge).
    * You are represented by a legal services or volunteer attorney for free (pro bono).

  5. What if we make a mistake?

    If something’s missing or unclear, the court may request revisions or additional documents. Mediation helps ensure your paperwork is accurate and ready before filing.

Legal Disclaimer

The information provided in this article is for educational purposes only and does not constitute legal advice. Reading this post or contacting me does not create an attorney–client or mediator–client relationship. Laws and court procedures may change, so please verify details with the Minnesota Judicial Branch or seek guidance from a qualified professional.