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A dissolution of marriage is the termination of the marital relationship between spouses, and a decree of dissolution completely terminates the marital status of both parties. A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship.
Defenses to divorce, dissolution and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.
What happens the moment the summons is served
Upon service of the summons in a dissolution proceeding, restraining provisions apply by operation of law upon both parties until modified by further order of the court or dismissal of the proceeding, unless more than one year has passed since the last document was filed with the court.
Upon service of the summons, neither party may dispose of any assets except for the necessities of life or for the necessary generation of income or preservation of assets, by agreement in writing, or for retaining counsel to carry on or to contest the proceeding.
Upon service of the summons, all currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation.
Source: Minn. Stat. § 518.091
Temporary orders while the case is pending
In a dissolution proceeding, a party may by motion request from the court a temporary order for temporary custody and parenting time, temporary maintenance, temporary child support, temporary costs and reasonable attorney fees, or temporary use and possession of the family home and other property.
A temporary order shall continue in full force and effect until the earlier of its amendment or vacation, dismissal of the main action, or entry of a final decree of dissolution or legal separation.
A violation of a provision of a temporary order or restraining order granting relief from harassment, removal of minor children from the jurisdiction, or exclusion from the family home is a misdemeanor.
Priority hearing:
A court must hold a priority hearing for temporary relief within 30 days of the party’s request when a party credibly alleges that parenting time has been denied for 14 consecutive days or more, or that the party has been unreasonably denied access to necessary financial resources during a pending marital dissolution.
Source: Minn. Stat. § 518.131
How Minnesota divides marital property
Upon a dissolution of a marriage, the court shall make a just and equitable division of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property, based on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party.
Valuation:
The court shall value marital assets for purposes of division as of the day of the initially scheduled prehearing settlement conference, unless a different date is agreed upon by the parties, or unless the court makes specific findings that another date of valuation is fair and equitable.
Fiduciary duty:
During the pendency of a dissolution proceeding, each party owes a fiduciary duty to the other for any profit or loss derived by the party, without the consent of the other, from a transaction or from any use by the party of the marital assets.
How Minnesota decides custody and parenting time
Best interests factors:
In evaluating the best interests of the child for purposes of determining custody and parenting time, the court must consider and evaluate all relevant factors, including a child’s physical, emotional, cultural, spiritual, and other needs; any special medical, mental health, developmental disability, or educational needs; the reasonable preference of the child if of sufficient ability, age, and maturity; and whether domestic abuse has occurred in the parents’ household or relationship.
Joint legal custody:
The court shall use a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child; however, the court shall use a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child if domestic abuse has occurred between the parents.
Joint physical custody:
There is no presumption for or against joint physical custody, except as provided in clause (9) regarding domestic abuse.
Joint physical custody does not require an absolutely equal division of time.
Parent education:
In a contested proceeding involving custody or parenting time of a minor child, the parties must begin participation in a parent education program within 30 days after the first filing with the court.
Attorney fees in a Minnesota divorce
In a proceeding under chapter 518, the court shall award attorney fees, costs, and disbursements in an amount necessary to enable a party to carry on or contest the proceeding, provided it finds that the fees are necessary for the good faith assertion of the party’s rights, that the party from whom fees are sought has the means to pay them, and that the party to whom fees are awarded does not have the means to pay them.
The court may award additional fees, costs, and disbursements against a party who unreasonably contributes to the length or expense of the proceeding or whose unreasonable failure to comply with an order or decree causes the other party to seek enforcement or other relief.
Questions people ask about Minnesota divorce
What does irretrievable breakdown mean in Minnesota?
A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship.
What restrictions apply to both parties right after the summons is served?
Upon service of the summons, neither party may dispose of any assets except for the necessities of life or for the necessary generation of income or preservation of assets, by agreement in writing, or for retaining counsel to carry on or to contest the proceeding. Upon service of the summons, all currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation.
Are there defenses that can block a divorce in Minnesota?
Defenses to divorce, dissolution and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.
How does the court decide who gets what property?
Upon a dissolution of a marriage, the court shall make a just and equitable division of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property, based on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party.
When are marital assets valued for the property division?
The court shall value marital assets for purposes of division as of the day of the initially scheduled prehearing settlement conference, unless a different date is agreed upon by the parties, or unless the court makes specific findings that another date of valuation is fair and equitable.
Can I get temporary custody or support while the divorce is still going?
In a dissolution proceeding, a party may by motion request from the court a temporary order for temporary custody and parenting time, temporary maintenance, temporary child support, temporary costs and reasonable attorney fees, or temporary use and possession of the family home and other property. A temporary order shall continue in full force and effect until the earlier of its amendment or vacation, dismissal of the main action, or entry of a final decree of dissolution or legal separation.
Can the court make my spouse pay my attorney fees?
In a proceeding under chapter 518, the court shall award attorney fees, costs, and disbursements in an amount necessary to enable a party to carry on or contest the proceeding, provided it finds that the fees are necessary for the good faith assertion of the party’s rights, that the party from whom fees are sought has the means to pay them, and that the party to whom fees are awarded does not have the means to pay them.
Talk with Martine Law about your Minnesota divorce
Reaching out early gives you time to understand your options before decisions are made in court. Martine Law handles divorce cases across Minnesota.
Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
