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.

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