Divorce is a significant legal process that involves many steps and considerations. Knowing Minnesota's laws and procedures can help ensure a smoother transition if you're going through a divorce. This guide provides an overview of the key aspects of divorce in Minnesota.
The following are the minimal requirements before either party can begin a divorce in Minnesota:
To file for divorce in Minnesota, at least one spouse must have lived in the state for a minimum of 180 days before initiating the case. Alternatively, if you or your spouse are in the armed forces, you may file as long as one party has maintained Minnesota residency.
Unlike many other states, Minnesota does not have a mandatory waiting period before a divorce can be finalized.
Minnesota is a no-fault divorce state, meaning that a spouse does not need to prove wrongdoing. The only requirement is that there has been an "irretrievable breakdown" of the marriage.
Here are the general steps you can expect in a Minnesota divorce.
The cost to file for divorce varies by county. However, the general filing fee is approximately $365. If you cannot afford the fees, you may apply for a fee waiver through the Minnesota court system: Court Fees Information.
Minnesota follows an equitable distribution approach when dividing marital property, meaning that assets and debts are divided fairly, though not necessarily equally. The court considers several factors when determining how to distribute assets, including:
Marital property includes all assets and debts acquired during the marriage, regardless of whose name is on the title or other documentation. This can include real estate, bank accounts, retirement funds, and personal property. Non-marital property, which is typically not subject to division, includes:
Marital debts, including mortgages, car loans, and credit card balances incurred during the marriage, are also divided equitably.
Courts take into account each spouse’s ability to pay, who benefited from the debt, and how the debt was incurred. If one spouse accumulated debt irresponsibly, such as through gambling or extravagant spending, the court may assign a greater share of that debt to them.
Couples can negotiate property and debt division outside of court through mediation or settlement agreements. However, if no agreement is reached, the court will make a determination based on equitable distribution principles.
Spousal maintenance may be awarded on a temporary or permanent basis. There is no specific formula for calculating alimony, but factors considered include financial resources, standard of living, length of the marriage, and each spouse's contributions. More details can be found here: Minnesota Statutes 518.552.
Minnesota courts prioritize the best interests of the child when determining custody arrangements. Child support calculations include:
You can estimate child support obligations using Minnesota's online tools: Child Support Calculator.
For couples who meet certain conditions, Minnesota offers a simplified divorce process called "Summary Dissolution." This process is available if:
Minnesota allows annulments under very rare and limited conditions such as lack of voluntary consent, mental illness, fraud, or being underage.
Legal separation is also an option but requires a court process similar to divorce. Learn more here: Annulment and Legal Separation.
Minnesota allows e-filing for divorce paperwork using the state's PDF Fillable Smart Forms. More details can be found on the Minnesota Courts website.
Divorce can be an emotional and legally complex process, but knowing your rights and options in Minnesota can help you navigate it more effectively. Consulting with an attorney or using available legal resources can ensure your best interests are protected throughout the process.