Filing for Divorce in Minnesota

1. What are the residency requirements for filing for divorce in Minnesota?  
You or your spouse must have lived in the state, been a legal resident of the state or been stationed in the state as a member of the armed services for at least 180 days before filing. You also must file in the county where you or your spouse lives, is a legal resident or is stationed.  

2. Does Minnesota have a waiting period?       
No, as long as you have fulfilled the residency requirement, there is no waiting period.  

3. Does the state have grounds for divorce?  
Just one: In Minnesota, you must file on the ground that your marriage is irretrievably broken, meaning there is no hope of reconciliation.  

4. How does Minnesota determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.  

The court will look at your marital property, which in Minnesota means anything you or your spouse acquired while you were married (regardless of whose name is on the title), including vested public or private pension plan benefits. Household goods and furniture may be awarded to either of you regardless of whether you acquired it before or during your marriage.  

Your non-marital property remains separate. In Minnesota, non-marital property includes:

• Property that one of you received as a gift or inheritance.
• Property that you acquired before you were married.
• Property that you received in exchange for property that you acquired as a gift or inheritance or acquired before you were married, as well as any increase in value of that property.
• Property that you acquire after divorce or separation proceedings begin.
• Property excluded by a prenuptial agreement, if there is one.  

The court will divide your property in the way it finds most equitable, or fair. To determine what that is, it will take into account:

• How long you were married.
• Whether you or your spouse was married previously.
• You and your spouse’s ages and health.
• You and your spouse’s occupations and income.
• You and your spouse’s skills and employability.
• You and your spouse’s assets, debts and needs.
• You and your spouse’s opportunities to earn future assets and income.
• You and your spouse’s contributions toward the acquisition, appreciation or depreciation of your marital property, including as a homemaker.  

If the court evaluates these factors and finds the standard division of property would be an extreme hardship for one of you, it may award you up to half of the property that would otherwise be excluded from the division of property.  

5. Does Minnesota require mediation before a divorce is granted?  
Mediation is not a requirement for a divorce in Minnesota, but the court may order it if you and your spouse disagree on custody or parenting time.