Minnesota Divorce Laws 3

In: Minnesota

Divorce Law Basics in the State of Minnesota

Also See: Minnesota Marriage Laws

Statute: Minnesota State Divorce Code (Chapter 518): revisor.leg.state.mn.us

No-Fault Grounds: Irretreivable breakdown defined as living separate and apart for at least 180 prior to filing or serious marital discord

At-Fault Grounds: Minnesota laws do not provide for at-fault divorce

Residency: Either party must be a resident of the state for at least 180 days prior to filing

Legal Separation Recognized? Yes, but only if a petition for divorce has not been filed.

Counseling Requirements: Mediation may be ordered in cases where custody is perceived to be an issue.

Property Distribution: Minnesota relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party and is at the discretion of the judge.


  • Scott

    Does Minnesota Divorce Law allow one spouse to live with same and/or opposite sex roommate(s) while getting a divorce? Also, can one spouse live with boyfriend or girlfriend while getting a divorce?

  • Amy

    My husband in Minnesota and I are separated. He bought a house one day from family money without telling me and moved out. When the day comes he sells, am I entitled to half of the profits?

  • KO

    I am in the process of getting divorced from my wife. There is a temporary order stating that we have joint legal and she has sole physical custody. I only get to see my kids everyother weekend. I have filed with the divorce that I also want joint physical custody. My lawyer tried very hard to talk me out of doing this. He said it rarely gets awarded and if it doesn’t get awarded I could end up paying for her attorney. Why in the world is the legal process set up this way, where you can’t even stand up for what you want without getting penalized for it? Is my lawyer giving me good information or not? Sometimes I feel like he just doesn’t care to help me fight for this.