Minnesota Divorce Laws: Residency, Waiting Period, Custody and Support

One spouse must have lived in Minnesota (or been stationed in Minnesota with the armed services), or been domiciled in Minnesota, for at least 180 days immediately before the case is filed. A limited exception allows a couple who married in Minnesota, and who live where they cannot get a divorce because of the sex or sexual orientation of the spouses, to divorce in Minnesota.

Minnesota is a no-fault state. A dissolution of marriage (divorce) is granted when the court finds an irretrievable breakdown of the marriage relationship. Traditional defenses such as condonation, connivance, collusion and recrimination are abolished. If one spouse denies under oath that the marriage is irretrievably broken, the finding must be supported by 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 one or both spouses' attitude toward the marriage.

The statutes reviewed set no general waiting period after filing. In the summary dissolution process, the court administrator enters the decree 30 days after the joint declaration is filed. If one spouse contests that the marriage is broken, the court needs evidence of 180 days of living apart before filing or serious marital discord.

By statute, the court filing fee in a marriage dissolution case is $340 for the petitioner, and $340 for the respondent when they first file a paper in the case. A court may waive fees for a person who cannot afford them.

Minnesota has a summary dissolution process for couples with no minor children together, no pregnancy, a marriage of fewer than 8 years, no real estate, marital debts of no more than $8,000 (not counting car loans), marital assets worth no more than $25,000, nonmarital assets of no more than $25,000 for each spouse, and no domestic abuse. They file a notarized joint declaration, and the decree is entered 30 days later. Other agreed cases can be approved without a final hearing: with no minor children, if the spouses sign a written stipulation (or the respondent defaults); with minor children, only if both spouses sign a stipulation and are represented by lawyers.

Minnesota divides marital property in a just and equitable way, without regard to marital misconduct. Marital property is property acquired by either spouse during the marriage, including pension benefits, and it is presumed marital regardless of how title is held. Nonmarital property includes property acquired before the marriage; gifts or inheritances to one spouse from a third party; property exchanged for, or the increase in value of, nonmarital property; property acquired after the valuation date; and property excluded by a valid prenuptial agreement. Factors include the length of the marriage, any prior marriage, each spouse's age, health, occupation, income, skills, employability, estate, debts and needs, and each spouse's contributions, including as a homemaker. Each spouse is presumed to have made a substantial contribution while they lived together.

Spousal maintenance may be awarded to a spouse who lacks enough property to meet reasonable needs, cannot adequately support themselves considering the marital standard of living, or is caring for a child whose circumstances make outside work inappropriate. Awards are transitional or indefinite and are set without regard to marital misconduct, considering factors such as financial resources, time needed for education or training, the marital standard of living, length of the marriage and career sacrifices, age and health, the other spouse's ability to pay, contributions to the other spouse's career, and retirement needs. Duration presumptions based on the length of the marriage: under 5 years, no maintenance; 5 to under 20 years, transitional maintenance for no more than half the length of the marriage; 20 years or more, indefinite maintenance, if the grounds for maintenance are met. Maintenance ends on either spouse's death or the recipient's remarriage unless otherwise agreed or ordered.

Custody and parenting time are decided by the child's best interests, with detailed findings on factors including the child's needs; special medical, mental health or educational needs; the child's reasonable preference if the court finds the child of sufficient ability, age and maturity to express an independent, reliable preference; domestic abuse; parents' health issues affecting the child; each parent's history of caregiving and willingness to provide care; effects of changes in home, school and community; the child's relationships; the benefit of maximizing time with both parents; each parent's support of the child's relationship with the other; and the parents' ability to cooperate. There is a rebuttable presumption that joint legal custody is in the child's best interests if either parent asks, but a rebuttable presumption against joint legal or physical custody if domestic abuse has occurred between the parents. There is no presumption for or against joint physical custody, and the court may not prefer a parent based on gender. No specific age is set for the child's preference.

Minnesota uses an income shares model: basic support is taken from the statutory guideline using the parents' combined monthly parental income for determining child support (PICS) and the number of joint children, then divided between the parents by their proportionate share of combined income. The guideline is a rebuttable presumption. Combined incomes over $20,000 per month are treated as $20,000 unless a higher amount is shown to be needed. The Department of Human Services provides an online child support calculator.

Yes, when parents have not agreed on custody or a parenting time schedule: the court must order both parents to attend, in person or online, at least 8 hours of a parent orientation and education program meeting Minnesota Supreme Court standards, generally starting within 30 days after the first filing. In other custody, support or parenting time cases, the court may order it. A party may be excused for good cause, and parents will not be required to attend the same sessions if domestic abuse is alleged. The court may also set contested custody or parenting time issues for mediation, but may not require mediation if there is probable cause of physical or sexual abuse.

Yes. A decree of legal separation decides the spouses' rights and responsibilities but does not end the marriage. It is granted when the court finds that one or both spouses need a legal separation, and if neither spouse contests it or asks for a divorce, the court must grant it. Maintenance may be awarded and a name change made in a legal separation.

A marriage may be declared a nullity if a spouse lacked capacity to consent (because of mental incapacity unknown to the other spouse, alcohol or drugs, or force or fraud with no later voluntary cohabitation), and the case must be filed within 90 days after learning of the problem; if a spouse cannot physically consummate the marriage and the other did not know, within one year after learning of it; or if a spouse was under the legal age to marry, filed by the underage spouse or their parent or guardian before that spouse reaches the age to marry without the missing requirement. No annulment may be sought after either spouse dies. Annulments follow divorce procedures, and the property, maintenance, custody and support rules apply.

No. Since April 26, 1941, a marriage is valid only if a license was obtained and the marriage was solemnized in the presence of two witnesses by someone authorized (or believed in good faith to be authorized). Marriages after that date not contracted this way are void.

Grandparents may be granted reasonable visitation if it is in the child's best interests and would not interfere with the parent-child relationship: when a parent of the child has died (for that parent's parents and grandparents); during or after a divorce, custody, legal separation, annulment or parentage case (for the parents or grandparents of a party); or when the child lived with the grandparents or great-grandparents for 12 months or more and was then removed by the parents. The court considers the amount of past contact. A denied motion cannot be refiled for six months, and these rights do not apply if the child is adopted by someone other than a stepparent or grandparent.

In the final divorce or legal separation decree, the court must change a spouse's name to the name that spouse requests unless it finds an intent to defraud or mislead. Special rules apply to people subject to section 259.13 (certain people with criminal records). The new name is stated in the decree.

For child support purposes, a "child" is a person under 18, a person under 20 who is still attending secondary school, or a person who cannot support themselves because of a physical or mental condition. Support can therefore continue past 18 while the child is still in high school (up to age 20), and for an adult child who is incapable of self-support.

Child support services (IV-D services) are provided by the public authority responsible for child support enforcement. State law sets these costs for parents who apply for full services: a cost recovery fee of 2% of the support collected (not charged to families currently receiving cash assistance under the state's TANF program, IV-E foster care or Medical Assistance, or who received cash assistance or IV-E foster care within the last 24 months); a $35 annual federal fee once at least $550 has been collected for someone who never received cash assistance; and a $25 fee for each successful federal tax refund interception for people not on public assistance.

Support orders are enforced through income withholding. If a parent falls behind, the state can intercept state tax refunds and other state payments (revenue recapture) when arrears exceed one month of support; report arrears to credit bureaus after three months of nonpayment; and, when arrears equal three or more months of support and the parent is not following an approved payment agreement, suspend the parent's driver's license (on court order) and occupational licenses and place a lien on the parent's motor vehicle titles. Recreational (hunting and fishing) licenses can be suspended when arrears reach six months and other enforcement has failed. Courts can also require security or sequester property and hold a parent in contempt for nonpayment, and the state can publish the names of delinquent parents.

A support order can be modified if there is a substantial change that makes the current order unreasonable and unfair, such as substantially changed income or needs, receipt of public assistance, a change in the cost of living, extraordinary medical expenses, or changes in health coverage or child care costs. A substantial change is presumed if applying the current guidelines produces an amount at least 20% and at least $75 per month higher or lower than the current order (or at least 20% if the current order is under $75), or if a party's gross income has dropped by at least 20% through no fault or choice of their own. Changes generally apply back only to the date the motion was served on the other party. The court need not hold an evidentiary hearing on a modification motion.

In a custody, divorce or legal separation case, either party can file a motion for a temporary order on custody and parenting time while the case is pending. A party can also ask for an ex parte restraining order (issued before the other side is heard), but it cannot grant custody to either parent or deny parenting time unless the court finds an immediate danger of physical harm to the children. An ex parte restraining order must be personally served with notice of a hearing on a temporary order, which is held at the earliest practicable date, and the restraining order lasts only until that hearing unless extended for good cause.

The Minnesota Department of Health does not record marriages or divorces. A copy of a divorce decree must be obtained from the district court office in the county that granted the divorce, and the fee varies by county.

A license from the local registrar of any Minnesota county is required, and the marriage may take place anywhere in Minnesota. Both parties apply on the state form, giving names, addresses, ages, any prior marriage and how it ended, and Social Security numbers (or a certification of none). Both must present proof of age, such as a birth certificate, driver's license or other government or school ID. The registrar examines the parties under oath (in person, by phone or video, or by a signed verified statement); if one party cannot appear, that party must send a notarized verification. The license is valid for six months. The fee is $125, or $50 for couples who complete at least 12 hours of qualifying premarital education.

A person must be at least 18 to marry in Minnesota. The statute contains no exception for parental consent or court approval.

Any person who has lived in Minnesota for one year or more may petition the district court to adopt; the court may reduce this to 30 days in the child's best interest, or waive it for relatives and others with significant ties to the child. Generally the child must have been placed by a licensed child-placing agency, with exceptions such as relative adoptions and children over 14. An approved adoption study (including an in-home visit and a background study of household members over 13) must be completed before placement. Both parents (and any guardian) must consent in writing before two witnesses, no sooner than 72 hours after birth, unless an exception applies; a child over 14 must also consent. A parent may withdraw consent for any reason within 10 working days.

For a stepparent adoption, the full adoption study is not required; a background study must be done on the stepparent and certain children in the home, initiated by the county social services agency unless a child-placing agency is involved. The noncustodial parent's written consent is required unless an exception applies (for example, the parent abandoned the child after notice, is not entitled to notice, or had rights terminated). That parent can withdraw consent within 10 working days by notifying the district court where the stepparent lives. A child over 14 must consent.

The court may appoint a guardian for a minor if it is in the minor's best interest and both parents are deceased or all parental rights have been terminated; a guardian named by a parent has priority. If there is an immediate need, the court may appoint a temporary guardian for up to six months (with notice to the parents and to a minor 14 or older), and in an emergency involving likely substantial harm it may appoint an emergency guardian for up to 30 days.

The court may appoint a guardian for an adult only if it finds by clear and convincing evidence that the person is incapacitated and that the person's needs cannot be met by less restrictive means, including technological assistance, supported decision-making, community or residential services, or a health care agent; the court must make specific findings on why alternatives do not work. The guardian receives only the powers needed, and any power not granted stays with the person. For someone under 30, the guardianship must be limited in duration (no more than 72 months). The court may instead issue a protective order or other appropriate order.

Unmarried parents may sign a Recognition of Parentage under oath before a notary and file it with the state registrar of vital records. Either parent may revoke it by a notarized writing filed with the state registrar within the earlier of 60 days after signing or the date of a court or administrative hearing about the child in which that parent is a party. Once final, a recognition has the effect of a court judgment of parentage (unless competing presumptions exist). A court action to vacate it must be based on fraud, duress or material mistake of fact and generally brought within one year of signing, or within six months after genetic test results show the man is not the father.

A person who has lived in Minnesota for six months may apply to the district court in the county of residence, listing any spouse and children whose names are also to be changed and any Minnesota land interests, and must appear in person and prove identity with at least two witnesses. The court checks criminal history and must grant the application unless it finds intent to defraud or mislead, or a statutory restriction (such as for certain people with felony convictions) applies. People with a criminal history must report the name change to the Bureau of Criminal Apprehension within 10 days.

Minnesota's child support program is run by the Minnesota Department of Children, Youth, and Families (DCYF). Through Minnesota Child Support Online, parents can make payments, view general case information and financial history, read program information and FAQs, and request a new PIN; employers can pay for employees and report terminations. Child support help: 651-431-4400 or toll-free 800-657-3890 (Minnesota Relay 711).

The Minnesota Department of Children, Youth, and Families publishes the Child Support Guidelines Calculator, which estimates a basic support amount for six or fewer children. The department says the estimate is "informational only" and "The court has the authority to order child support"; for questions about a specific amount, contact your county child support worker or an attorney.