Divorce in Minnesota
Minnesota is a no-fault divorce state where the sole ground is the irretrievable breakdown of the marriage. The state uses equitable distribution for property division and requires at least one spouse to have been a Minnesota resident for 180 days before filing.
Quick Facts
Residency Requirement
180 days residency required
Waiting Period
None; 30 days to answer
Filing Fee (approximate, varies by county)
$350-$450
Property Division
equitable distribution
Grounds for Divorce
- Irretrievable breakdown of the marriage
Key Facts
- Minnesota is a strictly no-fault divorce state
- There is no mandatory waiting period; the other spouse has 30 days after service to answer
- At least one spouse must have been a Minnesota resident for 180 days
- Property is divided by equitable distribution
- Minnesota distinguishes between marital and non-marital property
Child Custody
Minnesota courts determine custody based on the best interests of the child using 12 statutory factors. The court considers each parent's ability to provide for the child, the child's needs, and the ability of each parent to encourage the child's relationship with the other parent.
Alimony / Spousal Support
Minnesota courts may award transitional or indefinite spousal maintenance based on the requesting spouse's needs and the other spouse's ability to pay. The court considers the standard of living during the marriage, the length of the marriage, and each party's financial resources.
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FAQs
Common questions about divorce in Minnesota
Minnesota has no mandatory waiting period. The other spouse has 30 days after being served to answer, and an agreed divorce without minor children can be approved without a hearing once the paperwork is filed. Contested divorces take longer, depending on the issues and the court's schedule.
No. Minnesota is a pure no-fault state and does not consider marital misconduct when dividing property. The court focuses on factors such as each spouse's contributions, the length of the marriage, and the economic circumstances of each party.