Divorce Laws in Minnesota: Complete 2026 Guide

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 adultery, cruelty, abandonment, or any other form of marital misconduct to obtain a divorce. Either spouse can initiate the process simply by stating that the marriage is irretrievably broken. The statute goes further by explicitly abolishing all traditional defenses to divorce. Under Minn. Stat. §518.06, defenses 'including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.' This means that even if one spouse opposes the divorce, the court will still grant it if the petitioner asserts that the marriage is irretrievably broken. If one party denies that the marriage is irretrievably broken, the court has the option of continuing the matter and may order counseling. However, this does not prevent the divorce from ultimately being granted — it only delays the proceedings. Minnesota's no-fault approach simplifies the process by eliminating the need for finger-pointing and allows parties to focus on the substantive issues of property division, custody, and support. The no-fault framework also impacts how property is divided: under Minn. Stat. §518.58, the court must make a 'just and equitable division of the marital property of the parties without regard to marital misconduct.' Similarly, spousal maintenance determinations under Minn. Stat. §518.552 focus on need and ability to pay rather than fault.

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 before the filing date. This requirement is set forth in Minn. Stat. §518.07. Only one spouse needs to meet this residency threshold; the other spouse may reside in a different state or even outside the country. Minnesota does not have a separate county residency requirement. However, venue rules under Minn. Stat. §518.09 govern where within the state the petition should be filed. Generally, the petition is filed in the county where either spouse resides. If both spouses live in different Minnesota counties, either county may be an appropriate venue. There is a limited exception to the standard residency requirement for same-sex couples. Under Minn. Stat. §518.07, if a same-sex couple was married in Minnesota but currently resides in a jurisdiction that will not maintain a dissolution action because of the sex or sexual orientation of the spouses, the couple may file for divorce in Minnesota even without meeting the 180-day residency requirement. Military service members stationed in Minnesota may also satisfy the residency requirement based on their duty station, even if their legal domicile is in another state. If you are uncertain whether you meet Minnesota's residency requirements, consult a family law attorney before filing to ensure the court will have proper jurisdiction over your case.

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 without regard to marital misconduct.' Importantly, equitable does not necessarily mean equal — the court aims for fairness based on the circumstances of each case, though in practice many courts start from a presumption of roughly equal division and adjust as needed. The court considers a wide range of factors when dividing property, including: the length of the marriage; any prior marriage of a party; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, and opportunity for future acquisition of capital assets and income of each party; and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation of marital property — including contributions as a homemaker. Under the statute, it is conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while living together as spouses. Property is classified as either marital or nonmarital. Under Minn. Stat. §518.003, Subdivision 3b, marital property includes all property acquired by either spouse during the marriage and before the valuation date, regardless of how title is held. Nonmarital property — such as assets owned before the marriage, gifts, and inheritances — is generally awarded to the owning spouse and excluded from division. However, if dividing only marital property would create an unfair hardship for one spouse, the court may under Minn. Stat. §518.58, Subdivision 2, apportion up to one-half of the other spouse's nonmarital property to prevent undue hardship. Marital assets are generally valued as of the date of the initially scheduled prehearing settlement conference, unless the parties agree on a different date or the court finds another date to be more equitable (Minn. Stat. §518.58, Subd. 1). If there is a substantial change in the value of an asset between the valuation date and the final distribution, the court may adjust the valuation to ensure fairness. Retirement benefits, pensions, real estate, and business interests can all be subject to division, and complex assets often require expert appraisals.

Spousal maintenance (the term used in Minnesota for alimony) is governed by Minn. Stat. §518.552. Minnesota underwent a major overhaul of its maintenance laws effective August 1, 2024, through H.F. 3204, which introduced clearer guidelines regarding the type, amount, and duration of spousal maintenance awards. Maintenance is based on need — the requesting spouse must demonstrate that they lack sufficient property or income to provide for their reasonable needs, considering the standard of living established during the marriage. Under the 2024 reforms, Minnesota now formally distinguishes between two types of maintenance: 'transitional' maintenance (formerly called temporary) and 'indefinite' maintenance (formerly called permanent). Transitional maintenance supports the recipient for a defined period until they can become self-supporting, typically through education, training, or securing employment. Indefinite maintenance has no set end date and is generally reserved for longer marriages or situations where the recipient cannot reasonably become self-supporting. The new law also introduces presumptions based on the length of the marriage — for short-term marriages, there is a presumption of no maintenance; for mid-length marriages, the presumption is transitional maintenance for no more than half the length of the marriage; and for longer marriages, indefinite maintenance may be considered. When determining the amount of maintenance, the court considers multiple factors under §518.552, including: the financial resources of the recipient; the time necessary to acquire education or training for appropriate employment; the standard of living established during the marriage (and the extent to which it was funded by debt, per the 2024 amendment); the duration of the marriage; the age and condition of the recipient; and the ability of the payor to meet their own needs while paying maintenance. Maintenance can be modified if there has been a substantial change in circumstances, such as a significant change in the income or needs of either party. The 2024 law also addresses modification related to the payor's retirement. Parties may waive their right to maintenance through a valid prenuptial or postnuptial agreement, or by agreement during the divorce proceedings (known as a 'Karon waiver' in Minnesota practice).

Minnesota custody law is governed by Minn. Stat. §518.17, which requires courts to determine custody based on the 'best interests of the child.' The statute identifies 12 specific factors that the court must evaluate, and the court must make detailed findings on each factor and explain how each one contributed to its determination. No single factor is given automatic priority, and the factors may be interrelated. The 12 best interests factors include: (1) the child's physical, emotional, cultural, spiritual, and other needs; (2) any special medical, mental health, or educational needs; (3) the reasonable preference of the child, if of sufficient age and maturity; (4) whether domestic abuse has occurred; (5) any physical, mental, or chemical health issue of a parent affecting the child; (6) the history and nature of each parent's participation in providing care; (7) the willingness and ability of each parent to provide ongoing care; (8) the effect of proposed changes on the child's relationships; (9) the benefits of maximizing parenting time with both parents; (10) the effect of each parent's parenting schedule on the child; (11) the disposition of each parent to support the child's relationship with the other parent; and (12) the ability of the parents to cooperate. Minnesota law distinguishes between legal custody and physical custody. Legal custody refers to the right to make major decisions about the child's upbringing, including education, health care, and religious training (Minn. Stat. §518.003). Physical custody refers to the routine daily care and residence of the child. Both legal and physical custody can be awarded solely to one parent or jointly to both. There is a rebuttable presumption that joint legal custody is in the best interests of the child upon the request of either parent (Minn. Stat. §518.17). However, where domestic abuse has occurred, there is a rebuttable presumption that joint legal or physical custody is not in the child's best interests. Effective August 1, 2024, Minnesota updated its parenting time statutes through H.F. 3204. Key changes include: courts may not prefer one parent over the other solely based on gender; courts must consider parenting time arrangements prior to the action; and courts must award compensatory parenting time when one parent has been unreasonably denied court-ordered time with the child. Parents are encouraged to submit parenting plans under Minn. Stat. §518.1705, and most counties require mediation or ADR before custody disputes proceed to trial.

To initiate a divorce in Minnesota, one spouse (the 'petitioner') must complete and file a Petition for Dissolution of Marriage with the district court in the county where either spouse resides. The petition states that the marriage has suffered an irretrievable breakdown and identifies the issues to be resolved, such as property division, spousal maintenance, child custody, and parenting time. Along with the petition, the petitioner files a Summons that includes temporary restraining provisions (per Minn. Stat. §518.091) and, if children are involved, information about required parent education programs. All necessary forms can be obtained from the Minnesota Judicial Branch website (mncourts.gov), and many can be completed using the court's online 'Guide and File' interview tool. The petitioner must pay a filing fee of approximately $390 to $402, depending on the judicial district and county (the base fee is $340, plus a $50 surcharge under Minn. Stat. §518.005, Subd. 6, and counties may add a law library fee of approximately $7–$12). If the petitioner cannot afford the fee, they may apply for a fee waiver through the In Forma Pauperis process, which is generally available to those receiving public assistance or earning below 125% of the federal poverty guidelines. After filing, the petitioner must serve the Summons and Petition on the other spouse. Service must be made by someone other than the petitioner — typically a sheriff, process server, or any other adult — either by personal delivery or by mail with the respondent's signed acknowledgment of service (Minn. Stat. §518.11). The respondent then has 30 days to file an Answer and, if desired, a Counter-Petition. Once both parties have filed their initial documents, the case proceeds through a series of stages that may include a mandatory Initial Case Management Conference, disclosure of financial information, mediation or other ADR processes, and potentially a settlement conference. Most Minnesota counties require parties to attempt mediation or early neutral evaluation before the case can be set for trial. If the parties reach an agreement on all issues, they submit a stipulated Judgment and Decree for the court's approval. If disputes remain, the case goes to trial, after which the judge issues a final Judgment and Decree of Dissolution. Divorce cases in Minnesota are handled by the state's District Courts, which are trial-level courts of general jurisdiction. Minnesota has 10 judicial districts covering all 87 counties, and each district has a family court division or designated family court judges who handle dissolution of marriage cases, custody disputes, child support matters, and related family law proceedings. The petition for dissolution is filed in the district court of the county where either spouse resides. Minnesota's judicial system operates on a unified court structure. There is no separate 'family court' system; rather, family law matters are a division within the district court. Each county has a Court Administrator's office that manages filings, scheduling, and court services. Many counties, including Hennepin County (Minneapolis), offer self-help centers where pro se litigants can obtain forms, filing instructions, and general procedural guidance. If a party disagrees with the district court's final decision in a divorce case, they may appeal to the Minnesota Court of Appeals. The Court of Appeals reviews the case for legal errors and determines whether the district court properly applied the law and exercised its discretion. Further appeal can be made to the Minnesota Supreme Court, although the Supreme Court has discretionary review and accepts only a small number of family law cases each year. Minnesota also has specialized processes within its family court system. For example, most judicial districts offer or require Alternative Dispute Resolution (ADR) programs, including mediation, early neutral evaluation (ENE) for financial and custody issues, and Social Early Neutral Evaluation (SENE). These programs are designed to help parties resolve disputes without the time and expense of a full trial. Additionally, Minnesota has an expedited child support process under Minn. Stat. §518A.46, handled by child support magistrates in certain cases involving the establishment or modification of child support orders.

Minnesota does not impose any mandatory waiting period or separation period before a spouse may file for divorce or before a divorce can be finalized. Unlike many other states that require couples to live apart for a specified period or observe a cooling-off period after filing, Minnesota allows the divorce process to begin as soon as the 180-day residency requirement is satisfied. Once the Petition for Dissolution of Marriage is filed and the other spouse is properly served, there is no statutory minimum number of days that must pass before the court can enter a final Judgment and Decree. In practice, uncontested divorces — where both parties agree on all issues including property division, custody, and support — can be finalized in as little as a few weeks to 60–90 days from the date of filing, depending on the court's schedule and caseload. Contested divorces, where the parties cannot agree on one or more significant issues, will take considerably longer. These cases typically involve discovery, mediation or ADR, and potentially a trial. Contested cases can take six months to well over a year to resolve, depending on the complexity of the issues involved. While there have been legislative proposals over the years to introduce a mandatory separation period (such as a 2012 proposal for a two-year separation period for divorces involving children), none have been enacted into law. The respondent (the spouse who is served) has 30 days from the date of service to file an Answer to the Petition. If no Answer is filed, the petitioner may seek a default judgment. It is important to note that the speed at which a case proceeds also depends on the specific county's court calendar and whether the case requires ADR before it can be set for trial.