{"id":374274,"date":"2016-03-31T21:35:43","date_gmt":"2016-04-01T02:35:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-legal-requirements-for-divorce.html"},"modified":"2024-03-14T08:17:17","modified_gmt":"2024-03-14T13:17:17","slug":"minnesota-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-legal-requirements-for-divorce.html","title":{"rendered":"Minnesota Divorce Laws"},"content":{"rendered":"\n
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Minnesota Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most couples enter into marriage with the best of intentions, but things don’t always work out. If you\u2019re considering divorce, you should understand Minnesota divorce law.<\/p>\r\n

The divorce laws in Minnesota govern all aspects of your divorce. They dictate how the divorce process works and control things like residency requirements, waiting periods, and grounds for divorce.<\/p>\r\n

Here, we will provide a brief overview of Minnesota divorce law. We will also highlight the critical divorce statutes. If you still have questions about child custody, child support, and alimony, contact an experienced Minnesota divorce attorney<\/a>.<\/p>\r\n

Minnesota Divorce Laws: At a Glance<\/b><\/h2>\r\n

To get a divorce in Minnesota, state law requires that at least one of the parties be a state resident. Either you or your spouse must live in-state for at least 180 days to file for a dissolution of marriage. The good news is that there\u2019s no waiting period. The courts will start divorce proceedings once your spouse has a chance to respond to your complaint and summons.<\/p>\r\n

Even if you haven\u2019t lived in Minnesota for the requisite six months, there’s a chance you can file for divorce. Non-resident parties may get divorced in Minnesota if the civil marriage took place in-state and their current state of residence does not recognize the marriage because of sexual orientation.<\/p>\r\n

Given the U.S. Supreme Court decision Obergefell v. Hodges<\/a> and the passage of the Respect for Marriage Act<\/a>, this provision is likely obsolete.<\/p>\r\n

The only grounds for divorce or separation in Minnesota is an irretrievable breakdown of the marriage. All divorces in Minnesota are of the no-fault<\/a> variety. In addition, the state does not recognize any defenses to divorce or separation.<\/p>\r\n

Legal Separation in Minnesota<\/b><\/h2>\r\n

The Minnesota courts recognize legal separation<\/a>. A legal separation is different from an informal separation. When you legally separate, the judge will issue a lawful order.<\/p>\r\n

An order for separation is not the same as a divorce decree. It doesn\u2019t end the marriage. The order states that you and your spouse have chosen to take a legally sanctioned break from each other.<\/p>\r\n

Minnesota Statute \u00a7 518.06<\/a> governs legal separation. You can submit a separation agreement to the court for approval when you file for separation. This agreement has the same effect as a marital settlement agreement. If either party deviates from the terms of the agreement, the other can file a motion to enforce it.<\/p>\r\n

Some of the issues you\u2019ll include in your separation agreement include:<\/p>\r\n