By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 10, 2023
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Most couples enter into marriage with the best of intentions, but unfortunately things don't always work out. States regulate the manner in which marriages may be dissolved (i.e. divorce), just as they regulate the marriage process itself. These regulations often include residency requirements, waiting periods, acceptable grounds for divorce, and defenses to divorce filings. Like many family laws, the legal requirements for divorce have changed drastically over the course of history to reflect the times.
The following article provides a brief overview of Minnesota divorce laws.
In order to get a divorce in Minnesota, state law requires at least one of the parties to have lived within the state for at least 180 days (with some exceptions), but there is no waiting period after the divorce case has been resolved. However, non-resident parties may get divorced in Minnesota if the civil marriage was performed in the state and their current state of residence does not recognize the marriage because of sexual orientation.
The grounds for divorce or separation in Minnesota are limited to "irretrievable breakdown of the marriage relationship," another way of saying "no-fault" divorce. Additionally, the state does not recognize defenses to divorce or separation.
The following table highlights some of the main provisions of Minnesota's divorce laws. To learn more, see FindLaw's Divorce section.
Code Section |
§ 518, et seq. of the Minnesota Statutes |
|---|---|
Residency Requirements |
One party must have resided in the state or been a domiciliary for 180 days before filing |
Waiting Period |
The court will not finalize for at least 31 days to give the respondent due process time to answer |
'No-Fault' Grounds for Divorce |
Irretrievable breakdown |
Defenses to a Divorce Filing |
All abolished by § 518.06 |
Other Grounds for Divorce |
- |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you're getting divorced, you're probably going through an emotionally draining process. It's rarely neat and tidy, but the best way to ensure a relatively successful divorce is to work with a qualified attorney who can guide you through the process and represent your interests.
Don't delay; contact an experienced Minnesota divorce attorney today.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.