How to Respond to Divorce Papers in Minnesota

The 30-Day Deadline Is Real

After you're formally served with a Summons and Petition for Dissolution of Marriage in Minnesota, you have 30 days to serve a written Answer on the petitioner (or their attorney). If you timely return a waiver under Rule 4.05, the response period is 60 days from the date the waiver request was sent (90 days if it was sent outside the United States). For formal service, the clock runs from completed service, not whenever you get around to reading the papers.

Missing this deadline doesn't mean you lose your rights automatically, but it opens the door for your spouse to request a default judgment — a court order that grants the dissolution on their terms, without your input.

What to Do First

Read the petition carefully. It contains your spouse's proposed terms: how they want to divide property and debts, whether they're requesting spousal maintenance, and if children are involved, their proposed custody and parenting time arrangement.

Check the summons for the county of filing and any local court instructions. Some counties include a notice about the Initial Case Management Conference (ICMC) scheduling; others send that separately after the case is filed.

Don't panic, but don't wait. Thirty days goes fast, especially when you need to gather financial information and think through your own position on each issue.

Preparing Your Answer

Your Answer is a formal written response to each paragraph of the petition. For each allegation, you admit it, deny it, or state that you lack sufficient information to admit or deny it.

If you disagree with your spouse's proposed terms — or want to request something they didn't include, like spousal maintenance — you serve a Counter-Petition along with your Answer. The Counter-Petition states your own requests and proposed terms.

You serve your Answer (and Counter-Petition, if applicable) on the petitioner or their attorney. You do not need to file the Answer with the court at this stage — Minnesota's family court rules allow you to serve the Answer and file it later when you need court involvement. But serving it within the applicable response window is mandatory.

The Cost

Preparing and serving your Answer using the court's free forms costs nothing if you do it yourself. If the petitioner has already filed the case and paid the filing fee, you won't owe a separate filing fee for your Answer in most counties. If the case hasn't been filed yet (pocket filing), and you later want to file documents or request a hearing, you'll need to pay the filing fee at that point — typically $380–$425 depending on the county.

What Happens If You Don't Respond

If the 30-day window passes without a served Answer, the petitioner can request a default. Here's how the default process works:

For cases without children, the petitioner files a Default Scheduling Request (Form DIV1202), proposed Findings of Fact, and proposed Judgment and Decree. A judge reviews the paperwork and can sign the decree without a hearing. The dissolution proceeds entirely on the petitioner's terms.

For a self-represented petitioner, a default hearing is required when minor children are involved. But as the respondent, your absence means the judge hears only one side. The court still has a duty to protect the children's interests, but your preferences on custody, parenting time, and support carry no weight if you're not there.

A default judgment isn't necessarily permanent. Minnesota courts can reopen a default under certain circumstances — fraud, mistake, or excusable neglect — but overturning one is difficult, expensive, and never guaranteed.

You Disagree With the Terms — Now What?

Filing an Answer and Counter-Petition doesn't mean you're headed for a trial. Most contested cases in Minnesota resolve through negotiation, mediation, or the Early Neutral Evaluation (ENE) process long before trial. Your response preserves your right to participate in those discussions and ensures the court hears your position.

Even if you agree with most of your spouse's terms, serve your Answer to protect your deadline. You can negotiate the remaining issues afterward.

Organizing Your Response

The Minnesota Divorce Filing Process Guide includes a respondent checklist covering the 30-day timeline, required forms, financial disclosure obligations, and the steps that follow your Answer — from the ICMC hearing through settlement or trial.

See more Minnesota guides →