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Forms to Respond to Divorce Petition

IMPORTANT! If you were served with a "Summons and Petition for Dissolution of Marriage" you must respond within 30 days, or a"default" divorce judgment may be entered against you.

To choose the correct divorce forms, first answer the questions below, then select your forms:

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Q: Do you have minor children with your spouse?

With Children:     Under MN law, a divorce is considered to be with children if:

  • you and your spouse have minor children together (under age 18 or still in high school);
  • the Wife is pregnant OR gave birth to a child during the marriage (even if the Husband is not the father of the child). EXCEPT: Use the "without children" forms if paternity was established in the other man making him the legal father instead of the Husband.)

Without Children:     A divorce is considered to be without children if you do not have minor child together, the Wife is not pregnant, and the Wife did not give birth during the marriage to a child from another relationship.

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Q: Do you and your spouse agree how to settle all issues?

Agree:     If you and your spouse can agree on all the issues of your divorce AND you can both sign and notarize the same document, you and your spouse can complete, sign and file a "Stipulation" form (agreement) to finish the case.

If your spouse used our I-CAN! document assembly program to create his or her Petition, he or she can return to I-CAN! to create the Stipulation form, or download and print the form by clicking the link "Stipulated Findings of Fact" link in the table below.

Do Not Agree:     If you do not agree with the requests in the Petition and you want to present your side of the case to a judge, you must complete and serve an "Answer and Counter-Petition" on your spouse. Click the link in the table below to download and print the Answer forms packet.

Later in the process, if you can reach an agreement with your spouse, together you can sign and file a "Stipulation" (agreement) form to finish the case.

IMPORTANT! Talk to a lawyer about your legal rights and how an agreement will affect you before you sign anything. If you have been physically or emotionally abused by your spouse, be careful when trying to reach an agreement on the divorce. Your safety is most important. Mediation resources are available at Settle Out of Court (ADR).

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Click a link in the table below to create your divorce forms:

You can complete divorce forms using an online document assembly tool called I-CAN!, or you can download and print the forms to fill them out by hand.

Agree on All Issues?   with
Children
without
Children

 

Yes, agree to settle all issues by stipulation (agreement).

»

I-CAN! Divorce
Forms

OR

Stipulated Findings of Fact and Decree with Children
(download & print)

I-CAN! Divorce
Forms

OR

Stipulated Findings of Fact and Decree without Children
(download & print)

 

 

Do not agree on the requests in the divorce Petition.

 

»

Answer and Counter-petition for Divorce with Children
(download & print)

Answer and Counter-petition for Divorce without Children
(download & print)

Court Forms Review Service: If you are representing yourself in a court case and you fill out court forms on a computer (in Word, PDF or I-CAN), the Self-Help Center can review your completed court forms before you file them with the court. Contact Us @ SHC for more details.

You can also click Self-Help Services in the Courts to find walk-in services near you. It is always a good idea to get legal advice to proctect your best interests in any legal action, even if you have reached an agreement with the other party.

Pre-printed forms packet

If you cannot or do not want to download and print the forms, you can buy the forms packet at your local courthouse.

 

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