What Are the Divorce Laws in Minnesota?

Reviewed by the Marketing Team · Last updated October 23, 2026

Martine Law PLLC | Updated October 23, 2026

Minnesota is a no-fault divorce state. A court grants a divorce, called a dissolution of marriage, when it finds the marriage has suffered an irretrievable breakdown. In most cases at least one spouse must have lived in Minnesota, been stationed here with the armed services, or been domiciled here for 180 days before the case starts. Marital property is divided in a just and equitable way, custody turns on the child’s best interests, child support follows a statutory formula, and spousal maintenance depends on need, ability to pay, and the length of the marriage.

These rules live mainly in Minnesota Statutes chapter 518, with child support in chapter 518A. This guide summarizes each and links to deeper explainers.

Is Minnesota a no-fault divorce state?

Yes. The only ground for divorce in Minnesota is an irretrievable breakdown of the marriage relationship. You do not have to prove adultery, cruelty, or abandonment, and the old fault defenses, such as condonation, connivance, collusion, recrimination, insanity, and lapse of time, have been abolished.

Source: Minnesota Statutes 518.06, dissolution of marriage and grounds

If both spouses state under oath that the marriage is irretrievably broken, or one says so and the other does not deny it, the court makes that finding after a hearing, though qualifying agreed and default cases can be approved without a final hearing, as explained below. If one spouse denies it, the court looks at all relevant factors. The finding must rest on evidence that the spouses lived separate and apart for at least 180 days before the case started, or that there is serious marital discord affecting the attitude of one or both spouses toward the marriage.

Source: Minnesota Statutes 518.13, finding of irretrievable breakdown

In practice, one spouse cannot block a divorce by refusing to agree. For more on that situation, read what happens if your spouse refuses to participate in a Minnesota divorce. Fault also does not drive the money: property division and maintenance are both decided without regard to marital misconduct, which we cover below. See does infidelity matter in Minnesota divorce court.

What are the residency requirements for divorce in Minnesota?

A Minnesota court cannot grant a divorce unless one spouse has lived in Minnesota for at least 180 days immediately before the case starts, has been a member of the armed services stationed in Minnesota for that long, or has been domiciled in Minnesota for at least 180 days. A narrow exception lets certain nonresident couples who married in Minnesota divorce here when no other state where they live will hear the case because of the sex or sexual orientation of the spouses.

Source: Minnesota Statutes 518.07, residence of parties

The case is venued in the county where either spouse lives. If neither spouse lives in Minnesota and jurisdiction rests on domicile, it may be brought where either spouse is domiciled. If it rests on a service member stationed in Minnesota, it may be brought where the member is stationed.

Source: Minnesota Statutes 518.09, how and where brought

For the details, read what are the residency requirements for divorce in Minnesota.

How does the divorce process work in Minnesota?

When one spouse brings the case alone, the statute says it is commenced by personal service of the summons and petition on the other spouse, not simply by filing papers. Both spouses can instead bring the case together on a joint petition, in which case no summons is required.

Source: Minnesota Statutes 518.09, how and where brought

When the summons is served, automatic restraining provisions apply to both spouses. Neither spouse may dispose of assets except for the necessities of life, the necessary generation of income or preservation of assets, a written agreement, or retaining a lawyer to carry on or contest the divorce. Neither spouse may harass the other, and all existing insurance must stay in place without changing coverage or beneficiaries. These provisions last until the court changes them or the case is dismissed, unless more than one year has passed since the last document was filed.

Source: Minnesota Statutes 518.091, summons and temporary restraining provisions

The responding spouse ordinarily has 30 days to answer the petition. If that spouse never appears after proper service, the court can hear the case as a default.

Source: Minnesota Statutes 518.12, time for answering

Service can also be accomplished when the other spouse signs an admission of service or waives service. A spouse who returns a signed waiver on time, before being served, has until 60 days after the waiver request was sent to answer, or 90 days if it was sent outside the United States.

Source: Minnesota General Rules of Practice, Rule 302.01 and Minnesota Rules of Civil Procedure, Rule 4.05

While the case is pending, either spouse can ask for temporary orders on custody, parenting time, child support, spousal maintenance, use of the family home, and restraints on transferring property.

Source: Minnesota Statutes 518.131, temporary orders

The step by step version is in our guide on how to file for divorce in Minnesota. For timing, see how long a divorce takes in Minnesota.

Is there a simplified divorce for short marriages?

Yes, for couples who meet every statutory criterion. Summary dissolution is available only when every one of these is true:

• No living minor children have been born to or adopted by the spouses before or during the marriage, unless someone other than the spouse has been adjudicated the father
• The spouse is not pregnant
• The spouses have been married fewer than eight years as of the date they file their joint declaration
• Neither spouse owns any real estate
• Unpaid debts incurred during the marriage are no more than $8,000, not counting car loans
• The total fair market value of the marital assets is no more than $25,000, including net equity in cars
• Neither spouse has more than $25,000 in nonmarital assets
• Neither spouse has been a victim of domestic abuse by the other

The court administrator enters the decree 30 days after the sworn joint declaration is filed if the couple qualifies and has met the procedural requirements.

Source: Minnesota Statutes 518.195, summary dissolution

What is the difference between a contested and an uncontested divorce?

An uncontested divorce is one where the spouses sign a written agreement, called a stipulation, on every issue. Agreement can let the case finish without a final hearing. With no minor children, the proposed decree goes to the court for approval without a hearing if the spouses have a written stipulation, or if the other spouse never appeared after proper service and at least 20 days have passed since the time to answer expired. With minor children, approval without a hearing requires a signed stipulation and that all parties be represented by counsel. In every case the court still schedules a hearing if the proposed decree does not appear to be in the children’s best interests or is contrary to the interests of justice.

Source: Minnesota Statutes 518.13, subdivision 5, approval without hearing

When is a Minnesota divorce final?

A decree of dissolution is final when it is entered, subject to the right of appeal. Signing an agreement or submitting papers is not enough on its own.

Source: Minnesota Statutes 518.145, subdivision 1, finality

How is property divided in a Minnesota divorce?

The court makes a just and equitable division of marital property without regard to marital misconduct. Equitable means fair, which is not always the same as equal. The court weighs factors such as the length of the marriage, each spouse’s age, health, income, employability, debts, and needs, and each spouse’s contribution to the property, including a spouse’s contribution as a homemaker. The law conclusively presumes each spouse made a substantial contribution to income and property acquired while living together as spouses.

Source: Minnesota Statutes 518.58, division of marital property

The first question is always classification. Property acquired by either spouse during the marriage and before the valuation date is presumed marital no matter whose name is on the title. Property acquired before the marriage, gifts or inheritances from a third party to one spouse, property acquired after the valuation date, property excluded by a valid prenuptial agreement, and property traced to those sources are nonmarital.

Source: Minnesota Statutes 518.003, definitions of marital and nonmarital property

Read more in is Minnesota a community property state, how debts are divided in a Minnesota divorce, and how retirement accounts are divided.

How is custody decided in a Minnesota divorce?

Custody and parenting time turn on the best interests of the child. The court must consider and evaluate all relevant factors, including a list of 12 in the statute, may not rely on one factor to the exclusion of the others, and must make detailed findings on each factor. The court may not prefer one parent over the other solely because of the parent’s gender.

There is a rebuttable presumption that joint legal custody is in the child’s best interests when either or both parents request it. That presumption flips when domestic abuse has occurred between the parents: then the court presumes joint legal and joint physical custody are not in the child’s best interests. There is no presumption for or against joint physical custody otherwise, and joint physical custody does not require an exactly equal split of time.

Source: Minnesota Statutes 518.17, subdivision 1, best interests of the child

Legal custody means the right to make major decisions about the child’s upbringing, including education, health care, and religious training. Physical custody means the routine daily care and control of the child and where the child lives.

Source: Minnesota Statutes 518.003, custody definitions

How is parenting time set?

Parenting time is separate from the custody label. On request of either parent, the court grants parenting time that lets the child keep a relationship with that parent that is in the child’s best interests. In the absence of other evidence, there is a rebuttable presumption that a child must receive at least 25 percent of the parenting time with each parent, usually counted by overnights. That is a floor that can be rebutted, not a guaranteed 50/50 split. If the court finds after a hearing that parenting time is likely to endanger the child, it must restrict that time and may deny it.

Source: Minnesota Statutes 518.175, subdivision 1, parenting time

When parents have not agreed on custody or a parenting time schedule, the court must order them to attend, in person or online, at least eight hours of a parent education program. Unless the court orders otherwise, participation must begin before the initial case management conference and within 30 days after the first filing with the court, or as soon as practicable based on class availability.

Source: Minnesota Statutes 518.157, subdivision 3, parent education

For more, see how child custody is decided in Minnesota.

How is child support calculated in a Minnesota divorce?

Minnesota uses an income shares formula. For basic support, the court:

1. Determines each parent’s gross income
2. Subtracts any credit for a parent’s nonjoint children to reach each parent’s parental income for determining child support, called PICS
3. Calculates each parent’s percentage of the combined PICS
4. Looks up the combined basic support obligation on the state guideline table
5. Multiplies that obligation by each parent’s percentage
6. Applies the parenting expense adjustment

Basic support is only one part. The court also sets child care support and medical support, and each parent’s total obligation is the sum of basic support, child care support, and health care coverage obligations. The final order lists basic, child care, and medical support separately.

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

The full walkthrough is in how child support is calculated in Minnesota.

How does spousal maintenance work in Minnesota?

The court may award maintenance to a spouse who:

• Lacks enough property, including the marital property awarded to that spouse, to meet reasonable needs considering the standard of living during the marriage
• Cannot provide adequate self-support considering the standard of living during the marriage and all relevant circumstances
• Is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to work outside the home

The amount and duration are set without regard to marital misconduct after considering all relevant factors, including the requesting spouse’s resources, the time needed for education or training, the standard of living and how much of it was funded by debt, the length of the marriage and the career opportunities the requesting spouse gave up, both spouses’ age and physical, mental, or chemical health, the paying spouse’s ability to meet his or her own needs, each spouse’s contribution to the other’s job or business, and each spouse’s need and ability to prepare for retirement.

Duration follows presumptions tied to the length of the marriage, measured from the wedding to the date the case started:

Awards of temporary maintenance issued before August 1, 2024, are deemed transitional, and awards of permanent maintenance issued before that date are deemed indefinite.

Source: Minnesota Statutes 518.552, maintenance

For more, read how spousal maintenance is calculated in Minnesota.

What is legal separation in Minnesota?

A legal separation is a court determination of the spouses’ rights and responsibilities that does not end the marriage. The court grants it when it finds one or both spouses need a legal separation. If one or both spouses ask for legal separation and neither contests it or asks for a divorce, the court must grant the legal separation.

Source: Minnesota Statutes 518.06, legal separation

A petition for legal separation can ask the court to decide the same issues a divorce petition raises: maintenance, child support, custody, and the disposition of property. The difference is that the marital status itself continues.

Source: Minnesota Statutes 518.10, requisites of petition

Read how legal separation works in Minnesota.

Questions people ask

Do you have to be separated before a divorce in Minnesota?

No. You can file while living in the same home. Living apart for 180 days is one way to prove an irretrievable breakdown if your spouse denies it, but serious marital discord is another.

Source: Minnesota Statutes 518.13

Does cheating affect a Minnesota divorce?

Not the grounds, and not the division itself. Property is divided and maintenance is set without regard to marital misconduct. Money is a different question: if a spouse transferred, concealed, or spent marital assets without the other’s consent while planning or during the divorce, outside the usual course of business or the necessities of life, the court must compensate the other spouse. For custody, the court may not consider conduct that does not affect a parent’s relationship with the child.

Source: Minnesota Statutes 518.58, subdivisions 1 and 1a, Minnesota Statutes 518.552, and Minnesota Statutes 518.17, subdivision 1

Can I sell or move money once the divorce is filed?

Only within the limits of the automatic restraining provisions. Once the summons is served, neither spouse may dispose of assets except for necessities of life, the necessary generation of income or preservation of assets, a written agreement, or retaining a lawyer for the divorce.

Source: Minnesota Statutes 518.091

Is mediation required in a Minnesota divorce?

The summons encourages spouses to try mediation, arbitration, or another alternative dispute resolution process. A victim of domestic abuse or threats of abuse is not required to try mediation and will not be penalized by the court for declining.

Source: Minnesota Statutes 518.091, subdivision 1

How long does my spouse have to respond to a divorce petition?

Ordinarily 30 days from service. With service by publication, the 30 days starts after the publication period ends. A spouse who timely returns a signed waiver of service has 60 days from when the waiver request was sent.

Source: Minnesota Statutes 518.12 and Minnesota Rules of Civil Procedure, Rule 4.05

What assets are protected in a Minnesota divorce?

Nonmarital property is generally kept by the spouse who owns it: property acquired before the marriage, gifts or inheritances from a third party to one spouse, property acquired after the valuation date, property excluded by a valid prenuptial agreement, and property traced to those sources. The protection is not absolute. If a spouse’s own resources would work an unfair hardship, the court may apportion up to one-half of nonmarital property other than property excluded by a prenuptial agreement.

Source: Minnesota Statutes 518.003, subdivision 3b and Minnesota Statutes 518.58, subdivision 2

Is Minnesota a 50/50 divorce state?

Not by rule. Minnesota divides marital property in a just and equitable way, which can be equal but does not have to be. For parenting time, there is no 50/50 presumption: the statute presumes at least 25 percent with each parent unless other evidence rebuts it. See is Minnesota a community property state.

Source: Minnesota Statutes 518.58 and Minnesota Statutes 518.175

If your case is in Hennepin County, see our Minneapolis divorce attorney page.

Talk with Martine Law about your Minnesota divorce

Knowing the statutes is the starting point. Applying them to your income, your property records, and your parenting schedule is where cases are decided. Martine Law handles Minnesota divorce and child custody cases.

Contact Martine Law PLLC or call 612-482-9475. Tell us which county you or your spouse lives in and whether a case has been filed.

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