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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 when the case is filed
Upon service of the summons, restraining provisions contained in the notice 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.
When a summons involves custody or parenting time of a minor child, in a contested proceeding the parties must begin participation in a parent education program within 30 days after the first filing with the court.
Source: Minn. Stat. § 518.091
Temporary orders while the case is pending
In a proceeding brought for dissolution or legal separation, either party may request from the court a temporary order for temporary custody and parenting time regarding the minor children, temporary maintenance of either spouse, and temporary child support.
While a dissolution proceeding is pending, the court must give priority to scheduling and holding an expedited hearing for temporary relief within 30 days when a party credibly alleges that the party has been denied parenting time with a child for 14 consecutive days or more.
Source: Minn. Stat. § 518.131
How Minnesota divides marital property
Marital property means property acquired by the parties, or either of them, at any time during the existence of the marriage relation between them, and all property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property.
Nonmarital property includes property acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse; property acquired before the marriage; property acquired in exchange for or representing the increase in value of nonmarital property; property acquired after the valuation date; or property excluded by a valid antenuptial contract.
Source: Minn. Stat. § 518.003
How custody is decided
Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training; joint legal custody means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child’s upbringing.
Physical custody and residence means the routine daily care and control and the residence of the child; joint physical custody means that the routine daily care and control and the residence of the child is structured between the parties.
Upon adjudging the nullity of a marriage, or in a dissolution or separation proceeding, the court shall make such further order as it deems just and proper concerning the legal custody of the minor children, their physical custody, parenting time, and residence, and their support.
Source: Minn. Stat. §§ 518.003, 518.17
The best-interests factors
In evaluating the best interests of the child for purposes of determining issues of custody and parenting time, the court must consider and evaluate all relevant factors. The court must make detailed findings on each of the best interests factors based on the evidence presented and explain how each factor led to its conclusions and to the determination of custody and parenting time, and may not use one factor to the exclusion of all others. The court must not prefer one parent over the other solely on the basis of the gender of the parent.
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, as defined in section 518B.01, has occurred between the parents.
Parenting time
In all proceedings for dissolution or legal separation, the court shall, upon the request of either parent, grant such parenting time on behalf of the child and a parent as will enable the child and the parent to maintain a child to parent relationship that will be in the best interests of the child.
If the court finds, after a hearing, that parenting time with a parent is likely to endanger the child’s physical, mental, or emotional health or safety or impair the child’s emotional development, the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant.
If the court finds that a party has repeatedly and intentionally denied or interfered with court-ordered parenting time, the court must award compensatory parenting time, require reimbursement of costs incurred, and award reasonable attorney fees to the other party.
Source: Minn. Stat. § 518.175
Mediation for contested custody
If it appears that custody or parenting time is contested, the matter may be set for mediation of the contested issue, and the purpose of the mediation proceeding is to reduce acrimony which may exist between the parties and to develop an agreement that is supportive of the child’s best interests. If the court determines that there is probable cause that one of the parties, or a child of a party, has been physically or sexually abused by the other party, the court shall not require or refer the parties to mediation or any other process that requires parties to meet and confer without counsel, if any, present.
Source: Minn. Stat. § 518.619
Questions people ask about Minnesota divorce
Does it matter who caused the marriage to end?
Defenses to divorce, dissolution and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.
What restrictions apply the moment papers are served?
Upon service of the summons, restraining provisions contained in the notice 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.
Is joint legal custody the default?
There is no presumption for or against joint physical custody, but there is a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child.
What is the minimum parenting time each parent gets?
In the absence of other evidence, there is a rebuttable presumption that a child must receive a minimum of at least 25 percent of the parenting time with each parent.
Can a parent move out of state with the children after a decree?
The parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree.
What happens if one parent keeps blocking the other’s parenting time?
If the court finds that a party has repeatedly and intentionally denied or interfered with court-ordered parenting time, the court must award compensatory parenting time, require reimbursement of costs incurred, and award reasonable attorney fees to the other party.
Talk with Martine Law about your Minnesota divorce
Acting early gives you more options. Martine Law handles divorce and custody matters 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.
Prepared by the Martine Law editorial team; sources reviewed October 19, 2026.
