How long does a divorce take in Minnesota?

Uncontested divorces may conclude in 30–90 days. Contested cases often take 6–12 months, depending on disputed issues, case complexity, and current court scheduling.

What is a no-fault divorce?

Minnesota is a no-fault state. Either spouse may file, citing irretrievable breakdown of the marriage, meaning no proof of fault or wrongdoing is legally required.

How is property divided after divorce in Minnesota?

Under MN Statute § 518.58, marital property is divided equitably, which means fairly based on circumstances, not necessarily a strict 50/50 split between spouses.

Can a divorce agreement be changed later?

Yes. The courts allow post-decree modifications to spousal support, child support, or custody arrangements when a substantial change in circumstances is properly demonstrated.

Can I file for divorce in Minnesota if my spouse lives in another state?

Yes. If you have lived in Minnesota for at least 180 days, you may file here regardless of where your spouse currently resides or is domiciled.

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Martine Law represents spouses and parents who need a Minneapolis divorce attorney for a divorce or family law case. Divorces involving a Minneapolis resident are typically filed in Hennepin County District Court, where Family Court sits in the Hennepin County Government Center downtown. We handle the full case: the divorce itself, custody and parenting time, child support, spousal maintenance, and division of property and debt.

What does a Minneapolis divorce attorney handle?

A divorce resolves every legal tie between spouses at once. Martine Law handles each part of that case.

Divorce

Minnesota is a no-fault state. The court grants a dissolution when it finds the marriage relationship has suffered an irretrievable breakdown. Neither spouse has to prove wrongdoing.

Source: Minnesota Statutes 518.06, dissolution of marriage

If one spouse denies under oath that the marriage is broken, the court decides the question. That finding must be supported by evidence that the spouses have lived separate and apart for at least 180 days, or that serious marital discord is adversely affecting one or both spouses’ attitude toward the marriage. If the other spouse never appears after proper service, the court may decide the case by default.

Source: Minnesota Statutes 518.13, default and irretrievable breakdown

Child custody and parenting time

Custody is decided on the child’s best interests using twelve statutory factors. When either parent asks for it, the court presumes joint legal custody is in the child’s best interests. If domestic abuse has occurred between the parents, the presumption runs the other way: joint legal or joint physical custody is presumed not to be in the child’s best interests. Otherwise there is no presumption for or against joint physical custody.

Source: Minnesota Statutes 518.17, best interests of the child

Read more on our Minnesota child custody lawyer page.

Child support

Minnesota child support starts from both parents’ gross incomes, applies the state guidelines to their combined income, and then applies the parenting expense adjustment for parenting time. Child care and medical support are calculated separately.

Source: Minnesota Statutes 518A.34, computation of child support obligations

See how the numbers work in our guide on how child support is calculated in Minnesota.

Spousal maintenance

The court may award maintenance when the spouse asking for it lacks enough property to meet reasonable needs or cannot provide adequate self-support. The amount and length turn on factors including each spouse’s resources, the time needed for training, the marital standard of living, the length of the marriage, age and health, and the paying spouse’s ability to meet their own needs. Maintenance is decided without regard to marital misconduct.

Maintenance is either transitional or indefinite, and the statute sets rebuttable presumptions for its length based on the length of the marriage, measured from the wedding to the start of the case:

Less than five years: presumed no maintenance.
At least five but less than 20 years: presumed transitional maintenance lasting no longer than one half the length of the marriage, if the grounds for maintenance are met.
20 years or more: presumed indefinite maintenance, if the grounds for maintenance are met.

Source: Minnesota Statutes 518.552, subdivisions 1 to 3, maintenance

Property and debt division

Property acquired by either spouse after the marriage and before the valuation date is presumed marital, no matter whose name is on the title. That presumption can be overcome by showing the property is nonmarital, such as property owned before the marriage or a gift or inheritance to one spouse alone.

Source: Minnesota Statutes 518.003, subdivision 3b, marital and nonmarital property

The court divides marital property in a just and equitable way, without regard to marital misconduct, based on factors including the length of the marriage. Assets are valued as of the day of the initially scheduled prehearing settlement conference, unless the spouses agree on a different date or the court finds another date fair and equitable.

Source: Minnesota Statutes 518.58, subdivision 1, division of marital property

Where is a Minneapolis divorce filed?

A divorce must be venued in the county where either spouse resides. When either spouse lives in Minneapolis, the case can be venued in Hennepin County. The court can change the place of hearing by consent of the spouses or for fairness or convenience.

Source: Minnesota Statutes 518.09, venue

At least one spouse must have lived in Minnesota, or been a Minnesota domiciliary, for at least 180 days immediately before the case starts. A service member stationed in Minnesota for that period also qualifies.

Source: Minnesota Statutes 518.07, residence of spouses

Hennepin County Family Court handles divorce, domestic abuse, child custody and support, and paternity cases. It is located in the Hennepin County Government Center in downtown Minneapolis, 300 South Sixth Street.

Source: Minnesota Judicial Branch, Hennepin County Family Court and Hennepin County District Court

What does the divorce process look like in Hennepin County?

Every case is different, but most Minneapolis divorces move through the same stages.

Filing and service. The case starts when the summons and petition are served. On service, automatic restraining provisions apply to both spouses by law: neither may dispose of assets except for the necessities of life or the necessary generation of income or preservation of assets, by written agreement, or to retain counsel; neither may harass the other; and existing insurance coverage must be kept in place.
Source: Minnesota Statutes 518.091, summons and restraining provisions
Temporary orders. Either spouse can ask the court to set custody, parenting time, support, and use of the home while the case is pending.
Source: Minnesota Statutes 518.131, temporary orders
Read more about emergency and temporary custody orders.
Initial Case Management Conference. Hennepin County Family Court describes this as the parties’ first, informal meeting with the assigned judicial officer, usually scheduled within about three weeks of filing. Parties often leave with a plan for a Financial or Social Early Neutral Evaluation.
Source: Minnesota Judicial Branch, Hennepin County Family Court FAQs
Parent education. When parents have not agreed on custody or a parenting time schedule, the court orders both to complete at least eight hours of parent education. Unless the court orders otherwise, the class must begin before the Initial Case Management Conference and within 30 days after the first filing, or as soon as practicable. If domestic abuse is alleged, the court will not require the parents to attend the same sessions.
Source: Minnesota Statutes 518.157, parent education program
Mediation or settlement. The court may set a contested custody or parenting time issue for mediation, but it may not require mediation when there is probable cause that a party or a party’s child has been physically or sexually abused.
Source: Minnesota Statutes 518.619, custody and parenting time mediation
Trial or final decree. Issues the spouses cannot settle are tried to the judge. The case ends with a judgment and decree that sets out every term.

How Martine Law works on a Minneapolis divorce

We start with the facts that drive the outcome: the children’s current schedule, both spouses’ income, what was owned before the marriage, and what was acquired during it. From there we build a specific plan for temporary relief, negotiation, and trial if it comes to that.

Questions people ask

How long does a divorce take in Hennepin County?

It depends on whether the spouses agree and on the court’s calendar. An agreed case can move quickly. A contested case with custody or business valuation issues takes longer, especially if it goes to evaluation or trial.

Do I have to live in Minneapolis to file there?

No. A divorce is venued in the county where either spouse resides, so the case can be in Hennepin County if either spouse lives there. One spouse must also meet Minnesota’s 180-day residency rule.

Source: Minnesota Statutes 518.09 and Minnesota Statutes 518.07

Does cheating affect a Minnesota divorce?

Minnesota is a no-fault state. Property division and maintenance are both decided without regard to marital misconduct.

Source: Minnesota Statutes 518.58 and Minnesota Statutes 518.552

Can my spouse empty our accounts after I file?

Once the summons is served, neither spouse may dispose of assets except for the necessities of life or the necessary generation of income or preservation of assets, by written agreement, or to retain counsel, until the court orders otherwise.

Source: Minnesota Statutes 518.091

How is spousal maintenance length decided in Minnesota?

The statute presumes no maintenance for a marriage under five years, transitional maintenance of no more than half the marriage’s length for marriages of five to under 20 years, and indefinite maintenance for marriages of 20 years or more, when the grounds for maintenance are met. Each presumption can be rebutted.

Source: Minnesota Statutes 518.552, subdivision 3

What if my spouse will not respond?

If the respondent does not appear after proper service, the court may decide the case as a default matter.

Source: Minnesota Statutes 518.13

Talk with a Minneapolis divorce attorney at Martine Law

Whether you are about to file, were just served, or are stuck in a case that is not moving, contact Martine Law PLLC or call 612-482-9475. Tell us whether a case is already open in Hennepin County and what is most urgent: the children, the house, or the finances.

This page provides general information about Minnesota divorce law and is not legal advice for any specific case.