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Divorce Classifications: What They Are and When Each Applies

Divorce isn’t one-size-fits-all. Every marriage is unique—and so is every separation. In Minnesota, understanding the classifications of divorce can help individuals and families make informed, empowered decisions. Whether you’re splitting peacefully or navigating a complex legal process, here’s what you need to know.

So, What Types of Divorces Are There?

 There are several key classifications of divorce in Minnesota, and each depends on factors like the couple’s level of agreement, whether children are involved, and how complex the assets are. Common classifications include:

  • Contested divorce

  • Uncontested divorce

  • Dissolution involving children

  • Dissolution without children

  • High-asset divorce

Each of these classifications impacts the legal process, timeline, and emotional complexity of the divorce. Understanding where your situation fits can make a major difference in how you prepare, negotiate, and move forward.

Contested vs. Uncontested Divorce: What’s the Difference?

Let’s break this down:

Uncontested Divorce

Uncontested divorces are ideal when both spouses agree on all key terms—like division of assets and parenting time—before filing anything.

Co-Owner of Johnson/Turner, attorney Erin Turner puts it plainly. “If they fully agree out of the gate, it is an uncontested divorce. You don’t necessarily need a joint petition, but that’s what clients typically do to get this done quickly, since there is no need for the back and forth that typically happens with a petition and summons/answer and counter-petition.”

Attorney KJ Cherry adds to this, saying that “It’s pretty common for younger couples or for those without children or real estate to simply keep their own resources and file a joint petition for an uncontested divorce.”

Contested Divorce

Contested divorces happen when there’s disagreement—on anything. That doesn’t mean hostility, just that something needs to be resolved.

“The main definition for a contested divorce means you don’t have complete agreement on all the issues that need to be resolved right away,” says Turner. “’Are there things to be negotiated and settled, or assets that I’m not willing to give up?’ That is the question here.”

Cherry elaborates… “Every divorce is its own animal… sometimes you have a contested divorce where people just simply disagree but are still acting in good faith towards each other. Other times folks feel entitled to certain things, and it can get really ugly.”

Divorce With or Without Children

Whether or not children are involved can significantly impact how a divorce is handled.

“Most of the time people involve lawyers when there are children involved,” Cherry notes, “just because that is something you want to be sure you do correctly.”

A divorce involving children must resolve legal and physical custody, parenting time, and child support—either through agreement or court intervention.

What About a High-Asset Divorce?

A high-asset divorce doesn’t just mean having a big bank account. It means your assets are complex—things like businesses, stock portfolios, or non-marital property.

Turner explains, “Most times people with a lot of financial resources have them wrapped up in a lot of complicated ways, and that’s where you may need specialists and financial attorneys.” In these cases, “the job is building the balance sheet… figuring out what the values are can be tricky, and some things aren’t so easily divided.”

These divorces may use a Consensual Special Magistrate (CSM)—a private decision-maker, essentially taking on the role of the judge, hired by the couple to keep their case out of the public court system. “The good thing about this is that typically a CSM only has a few cases, so you have more time allotted to your case,” says KJ Cherry. “Of course, though, this costs money.”

These cases often involve:

  • Business valuations

  • Stock options or retirement plans

  • Complicated real estate portfolios

  • Non-marital property with increased value

How Do You Know Which Divorce Path to Choose?

It’s all about the level of agreement and complexity. If you and your spouse agree on all issues, uncontested divorce may save you time, money, and stress. But if there are open questions—about finances, parenting, or property—a contested divorce gives you space to negotiate and protect your interests.

And remember: contested doesn’t mean cruel.

“Contested doesn’t have to be nasty!” Turner says. “People can be kind to each other and still have different opinions… it is not a battle. The goal of J/T is to create a path that avoids the cruelty and pettiness.”

Final Thoughts: Choosing the Best Legal Path

As KJ Cherry puts it:

“Truly, the fastest and least expensive way to get divorced is to reach an agreement with your spouse… You don’t have to fight in a divorce, and there is no reason to try to ‘get revenge’ in family court. It is not the time or the place for that.”

Divorce is never easy, but it can be clear, supported, and focused on a better future. Whether you pursue an uncontested path or need help navigating the complexities of a contested or high-asset case, Johnson/Turner is here to guide your next chapter.

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Divorce Classifications: What They Are and When Each Applies