Introduction
Filing for divorce is one of the most consequential legal decisions a person can make. Whether you are just beginning to consider separation or are ready to move forward with a petition, understanding the specific laws and procedures that apply in Minnesota is essential. Minnesota has its own statutes governing everything from the grounds on which a divorce may be granted to how property is divided, how child custody is determined, and how spousal support is calculated.
This guide provides a comprehensive overview of the divorce process in Minnesota. It is designed to help you understand the legal framework, anticipate what to expect at each stage, and prepare for the decisions that lie ahead. While this guide is informative, it is not a substitute for personalized legal counsel from a qualified Minnesota family law attorney.
Grounds for Divorce in Minnesota
Minnesota is an exclusively no-fault divorce state. Under Minn. Stat. §518.06, the sole ground for dissolution of marriage is that there has been an "irretrievable breakdown of the marriage relationship." This means that neither spouse is required to prove wrongdoing — such as adultery, abandonment, or cruelty — in order to obtain a divorce.
In practice, an irretrievable breakdown is established when one or both spouses testify that the marriage is beyond repair and that there is no reasonable prospect of reconciliation. The court does not need to investigate who was at fault for the deterioration of the relationship. This no-fault framework is intended to reduce conflict and allow both parties to focus on resolving the practical matters of the divorce, such as property division and child custody.
What If One Spouse Disagrees?
Even if one spouse believes the marriage can be saved, the other spouse can still proceed with the divorce. Minnesota courts will not force a couple to remain married if one party asserts that the relationship has irretrievably broken down. However, a judge may, in some cases, order a period of counseling or suggest mediation before finalizing the dissolution, particularly when children are involved.
Residency Requirements
Before a Minnesota court can hear your divorce case, you must satisfy the state's residency requirements. To file for divorce in Minnesota, at least one spouse must have lived in the state — or been a member of the armed services stationed in the state — for a minimum of 180 days (approximately six months) immediately preceding the filing of the petition.
You do not need to file in the county where your spouse lives. Generally, you may file in any county in Minnesota where either you or your spouse resides. If you have recently moved to the state, make sure you can verify that you meet the 180-day threshold before submitting your petition.
Property Division
Minnesota is an equitable distribution state. Under Minn. Stat. §518.58, Subdivision 1, the court is required to make a "just and equitable division of the marital property of the parties." It is important to understand that equitable does not necessarily mean equal — it means fair, based on the circumstances of the case.
Marital vs. Non-Marital Property
Minnesota law distinguishes between marital property and non-marital property:
- Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or account.
- Non-marital property generally includes assets owned by one spouse before the marriage, gifts or inheritances received by one spouse individually, and property excluded by a valid prenuptial or postnuptial agreement.
Non-marital property is typically retained by the spouse who owns it, though commingling non-marital and marital assets can complicate matters. The burden of proving that an asset is non-marital falls on the spouse making the claim.
Factors the Court Considers
When dividing marital property, the court may consider a range of factors, including but not limited to:
- The length of the marriage
- The age, health, and employability of each spouse
- Each spouse's income, earning capacity, and financial resources
- The contribution of each spouse to the acquisition, preservation, or increase in value of marital property
- The contribution of a spouse as a homemaker
- Any prior obligations from a previous marriage
The court has broad discretion, and the goal is to reach a division that is fair to both parties given all relevant circumstances.
Child Custody and Parenting Time
When children are involved, custody determinations are often the most emotionally charged aspect of a divorce. Minnesota courts make custody decisions based on the best interests of the child standard, as outlined in Minn. Stat. §518.17.
Types of Custody
Minnesota recognizes two forms of custody:
- Legal custody refers to the right and responsibility to make major decisions about the child's upbringing, including education, healthcare, and religious training. Legal custody may be awarded jointly or solely to one parent.
- Physical custody refers to where the child lives on a day-to-day basis. Joint physical custody means the child spends significant time living with both parents, while sole physical custody means the child resides primarily with one parent.
Best Interests Factors
The court evaluates a comprehensive list of factors when determining custody, including:
- The wishes of the parents and, where appropriate, the child
- The child's primary caretaker during the marriage
- The intimacy of the relationship between each parent and the child
- The child's adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Each parent's willingness and ability to encourage a positive relationship between the child and the other parent
- The effect of any domestic abuse on the child
Minnesota law does not presume that one parent is more suitable than the other based on gender. Both mothers and fathers are evaluated on equal footing.
Parenting Time
The non-custodial parent (or both parents in a joint custody arrangement) will be granted a parenting time schedule. Courts encourage both parents to be actively involved in their children's lives, and parenting time may only be restricted if there is evidence that it would endanger the child's physical or emotional well-being.
Spousal Support (Maintenance)
Spousal support in Minnesota is referred to as spousal maintenance. It is governed by Minn. Stat. §518.552 and is not automatically awarded — it must be requested and justified based on the circumstances.
Types of Maintenance
- Temporary maintenance may be awarded during the divorce proceedings to help a lower-earning spouse cover living expenses while the case is pending.
- Permanent (or long-term) maintenance may be awarded after the divorce is finalized, typically in longer marriages where one spouse has significantly lower earning capacity.
- Rehabilitative maintenance is awarded for a specific period to allow a spouse to gain education, training, or work experience needed to become self-supporting.
Factors the Court Considers
When deciding whether to award maintenance and in what amount, the court considers factors such as:
- The financial resources of the requesting spouse
- The time needed for education or training to achieve appropriate employment
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and emotional condition of the requesting spouse
- The ability of the paying spouse to meet their own needs while contributing to maintenance
Maintenance can be modified if there is a substantial change in circumstances, unless the parties agreed otherwise in their divorce decree.
The Filing Process
Here is a general overview of the steps involved in filing for divorce in Minnesota:
Step 1: Prepare and File the Petition
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the district court in the appropriate county. The petition outlines the basic facts of the marriage and the relief being sought.
Step 2: Serve the Other Spouse
After the petition is filed, the other spouse (the respondent) must be formally served with a copy of the petition and a summons. Service must comply with Minnesota rules of civil procedure. The respondent then has 30 days to file a response.
Step 3: Disclosure and Discovery
Both spouses are required to make full financial disclosures. This may involve exchanging documentation related to income, assets, debts, and expenses. In contested cases, formal discovery tools such as interrogatories, depositions, and subpoenas may be used.
Step 4: Negotiation and Settlement
Many Minnesota divorces are resolved through negotiation, mediation, or other forms of alternative dispute resolution. Courts generally encourage settlement, and many counties require parties to attempt mediation before proceeding to trial.
Step 5: Trial (If Necessary)
If the parties cannot reach an agreement on all issues, the case will proceed to trial. A judge will hear evidence and testimony and make binding decisions on contested matters.
Step 6: Judgment and Decree
Once all issues are resolved — either by agreement or judicial decision — the court issues a Judgment and Decree that formally dissolves the marriage and sets forth the terms related to property, custody, support, and other matters.
Timeline and Costs
How Long Does Divorce Take in Minnesota?
Minnesota has no mandatory waiting or separation period, which means a divorce can theoretically be finalized relatively quickly if both parties agree on all issues. An uncontested divorce where both spouses cooperate can sometimes be concluded in as little as four to eight weeks after filing, depending on the court's schedule.
Contested divorces — where the parties disagree on significant issues — can take six months to over a year or longer, particularly if the case involves complex financial matters or contentious custody disputes.
Filing Fees
The filing fee for a divorce petition in Minnesota ranges from approximately $390 to $402, as of February 2026. Fees may vary slightly by county, so it is advisable to verify the exact amount with your local clerk of court. Additional costs may include fees for service of process, mediation, financial experts, and attorney fees.
Attorney Fees
Attorney fees vary widely depending on the complexity of the case, the level of conflict between the parties, and the attorney's experience and billing rate. Simple uncontested divorces may cost a few thousand dollars, while highly contested cases can cost tens of thousands of dollars or more.
Tips for a Smoother Divorce Process
- Organize your financial records early. Gather bank statements, tax returns, pay stubs, mortgage documents, retirement account statements, and debt records.
- Consider mediation. Mediation can save significant time and money compared to litigation and often leads to more satisfactory outcomes for both parties.
- Put your children first. Courts look favorably on parents who demonstrate a genuine commitment to co-parenting and shielding their children from conflict.
- Consult a family law attorney. Even if you plan to handle much of the process yourself, an initial consultation can help you understand your rights and avoid costly mistakes.
Legal Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures are subject to change, and the specific facts of your situation may significantly affect your rights and options. The information herein is based on Minnesota law as of early 2026 and may not reflect the most current legal developments. You should consult with a qualified Minnesota family law attorney before making any decisions regarding your divorce. No attorney-client relationship is created by reading or relying on this guide.