State Of Minnesota Divorce Law

Divorce & Family Law Summary

U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in Minnesota have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of property.

Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.  

All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues. 

Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.

RESIDENCY REQUIREMENTS

The law requires at least one spouse must be a resident of the state for at least 180 days before filing for a divorce. A petition for dissolution or legal separation should be filed for in the country where either spouse resides.

LEGAL GROUNDS FOR DIVORCE

An irreconcilable breakdown of the marriage.

LEGAL SEPARATION

Minnesota recognizes legal separation. A legal separation does not terminate the parties’ marital status but rather determines the rights and responsibilities of both husband and wife arising out of the marital relationship. One or both parties can petition for a decree of legal separation. If neither party contests the granting of the decree nor petitions for a decree of dissolution, the court shall grant the legal separation.

SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES

If both parties jointly file the divorce petition, there is no need for a summons or service of the petition.

MEDIATION-COUNSELING REQUIREMENTS

In cases where custody is likely to be contested, mediation may be ordered. Exceptions are when there is evidence of physical or sexual abuse. If agreement cannot be reached through mediation, the mediator may recommend that an evaluation be conducted.

MARITAL PROPERTY DISTRIBUTION

Minnesota is an equitable distribution state. Marital property shall be divided without regard to marital fault.

The division will be based on, but not limited to the following factors: 

1. Length of the marriage,
2. Age, health, and occupation of each party,
3. Income, income potential, vocational skills or each party,
4. The contribution of each spouse to the marital property, including the contributions as a homemaker

SPOUSAL SUPPORT & MAINTENANCE

Alimony may be granted on a temporary or permanent basis based on the following factors:

1. The financial resources of the spouse seeking maintenance and their ability to meet their financial needs.
2. The time needed to acquire training and education to become self-reliant.
3. The standard of living is established during the marriage.
4. If the spouse seeking maintenance is unable to seek employment due to the restraints of caring for a child whose condition or circumstances warrant that the custodial parent does not seek employment outside the home.
5. The duration of the marriage, and in the case of a homemaker, the length of absence from the workforce.
6. The age and physical capabilities of the spouse seeking maintenance.
7. The ability of the other spouse to pay alimony and still meet his or her own needs.
8. The contribution of each spouse to the acquisition and care of the marital property, as well as the contribution of a spouse as a homemaker, enables the other spouse to further their business or employment.

CHILD CUSTODY

Joint or sole custody may be awarded based on “the best interests of the child”.

The court shall consider the following relevant factors:

• The relationship between each parent and the child;
• The child’s primary caretaker;
• The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
• The child’s adjustment to home, school, and community. Also considered is how long the child has been in a stable environment and the permanence of the custodial home.
• The mental and physical health of all individuals involved;
• The capacity and disposition of the parents to give the child love, affection, and guidance and to continue educating and raising the child in the child’s culture and religion or creed, if any;
• Whether there is evidence of abuse, either between the parents, between the parent and another individual or directed towards the child.

CHILD SUPPORT

Marital misconduct is not an issue in the determination of child support. Child support is based on the Minnesota Child Support Guidelines, also taking into consideration the following factors as a basis for deviation:

• The standard of living that the child has become accustomed to during the marriage;
• The financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported;
• Which parent will claim the child or children as a dependent for tax purposes, and what financial impact that will have:
• The parent’s debts:
• Whether the parent paying child support is on public assistance

NOTE: If the parent receiving child support is on public assistance, child support shall be paid to the child enforcement agency as long as that parent receives assistance. Every support order must address income withholding for the obligated parent

SAME-SEX DIVORCE

On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges. (For more information, visit ProCon.org).