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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.
Do you qualify to file in Minnesota?
No dissolution shall be granted unless one of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding, or one of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding.
Legal separation versus divorce
A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship, and a decree of legal separation does not terminate the marital status of the parties.
How to start a Minnesota divorce case
A proceeding for dissolution or legal separation may be brought by either or both spouses and shall be commenced by personal service of the summons and petition venued in the county where either spouse resides. No summons shall be required if a joint petition is filed.
Automatic restraints when a case is filed
Upon service of the summons, the 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.
Two restrictions apply immediately:
- Under the temporary restraining provisions that apply 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 an agreement in writing, or for retaining counsel to carry on or to contest this proceeding.
- Upon service of the summons, all currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation.
If you are a victim of domestic abuse or threats of abuse as defined in Minnesota Statutes, Chapter 518B, you are not required to try mediation and you will not be penalized by the court in later proceedings.
In a contested proceeding involving custody or parenting time of a minor child, the parties must begin participation in a parent education program that meets minimum standards promulgated by the Minnesota Supreme Court within 30 days after the first filing with the court.
Source: Minn. Stat. § 518.091
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.
Factors the court weighs:
The court shall base its property division findings 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 timing:
The court shall value marital assets for purposes of division between the parties 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.
Financial duties during the case:
During the pendency of a marriage dissolution, 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.
Questions people ask about Minnesota divorce
Can two spouses who live outside Minnesota file for divorce here?
If neither party to the civil marriage is a resident of this state at the commencement of the proceeding, a court of this state has jurisdiction over the dissolution if the civil marriage was performed in this state and neither party to the civil marriage resides in a jurisdiction that will maintain an action for dissolution by the parties because of the sex or sexual orientation of the spouses.
Does a domestic abuse history affect mediation requirements?
If you are a victim of domestic abuse or threats of abuse as defined in Minnesota Statutes, Chapter 518B, you are not required to try mediation and you will not be penalized by the court in later proceedings.
Can the court order one spouse to pay the other’s 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.
What factors does a judge consider for custody and parenting time?
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, 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; whether domestic abuse has occurred; any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs; the history and nature of each parent’s participation in providing care for the child; the willingness and ability of each parent to provide ongoing care; and the effect on the child’s well-being of changes to home, school, and community.
Is joint custody presumed in Minnesota?
There is 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.
Talk with Martine Law about your divorce
Acting early helps protect your position. 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.
