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Legal Information: Minnesota

Minnesota Divorce

Laws current as of August 21, 2024

What are the residency requirements for divorce in Minnesota?

To get a divorce, you or your spouse must live in Minnesota or be a member of the armed services stationed in Minnesota for at least 180 days before filing.1

1 Minn. Stat. § 518.07(1)

What are the grounds for divorce in Minnesota?

A judge can grant you a divorce if s/he finds that there was an “irretrievable breakdown” of your marriage, which means your marriage cannot be saved. Unlike in many other states, there are no fault-based grounds for divorce in Minnesota.1

1 Minn. Stat. § 518.06(1)

What are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps that a person may have to follow in most states:

  • First, you or your spouse must meet the residency requirements of the state you want to file in.
  • Second, you must have “grounds” (a legally acceptable reason) to end your marriage, which may include a no-fault ground such as irreconcilable differences.
  • Third, you must file the appropriate divorce papers and have copies sent to your spouse. (To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.) For the exact rules for serving the papers, contact your local courthouse or an attorney.   
  • Fourth, if your spouse disagrees with anything in the divorce papers, then s/he will have the opportunity to file papers telling her/his side.  This may be called “contesting the divorce.”  If s/he contests it, then you may have a series of court appearances to sort the issues out.  If your spouse does not disagree with anything, then s/he may sign the appropriate divorce papers and send them back to you and/or the court (depending on your state).  If your spouse agrees with everything and signs the papers, this may be called an “uncontested divorce.”  Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. (Speak to a lawyer in your state about how long you have to wait to see if your spouse answers before you can continue with the divorce).
  • Fifth, if there is property, assets, a pension, debts, or anything else that you need divided, or if you need financial support from your spouse, then these issues may have to be dealt with during the divorce or else you may lose your chance to deal with these issues.   The issues may be worked out during settlement negotiations and incorporated into the divorce decree or in a series of court hearings during the divorce.  Custody may also be decided as part of your divorce.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

Where can I find additional information about divorce laws in Minnesota?

The Minnesota Judicial Branch has the following resources regarding divorce:

Lawhelp.org provides information about annulments, the costs related to filing for a divorce, and more.

WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.

You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.