Legal Separation and Annulment in Minnesota
Whether Minnesota offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes. A decree of legal separation decides the spouses' rights and responsibilities but does not end the marriage. Minn. Stat. § 518.06
| Legal separation | 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. Source: Minn. Stat. § 518.06 |
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| Annulment | 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. |
Where to get help in Minnesota
More Minnesota divorce & family law
- Getting a Marriage License in Minnesota
- Adopting a Child in Minnesota
- Guardianship of a Child or Adult in Minnesota
- Establishing Paternity in Minnesota
- Changing Your Name in Minnesota
- Child Custody Laws in Minnesota
- How Child Support Is Calculated in Minnesota
- Divorce Records in Minnesota
- Alimony and Spousal Support in Minnesota
- How to File for Divorce in Minnesota
- All Minnesota divorce & family law rules
FAQ
Can you get a legal separation in Minnesota?
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.
What are the grounds for annulment in Minnesota?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.