Minnesota Statutes Chapter 518 - Marriage Dissolution

Minnesota is a pure no-fault divorce state. The only ground for dissolution is that the marriage is 'irretrievably broken.' Either spouse can file without proving fault. Traditional defenses like condonation, connivance, collusion, and recrimination are abolished.

Effective: 2024

Either the petitioner or the respondent must have resided in Minnesota for at least 180 days immediately before filing. Active-duty military members stationed in the state for 180 days also satisfy the residency requirement.

Effective: 2024

Defines key terms for divorce proceedings including 'marital property' (all property acquired during marriage up to the valuation date), 'nonmarital property' (gifts, inheritances, pre-marriage assets, and property excluded by prenuptial agreement), 'legal custody,' 'physical custody,' and 'parenting time.' All property acquired during marriage is presumed marital regardless of title.

Effective: 2024

The court must make a 'just and equitable' division of marital property without regard to marital misconduct. Factors include length of marriage, age, health, income, employability, needs, and each spouse's contribution to acquiring property. Equitable does not necessarily mean equal. Each spouse is conclusively presumed to have made a substantial contribution to marital assets, including homemaker contributions.

Effective: 2024

Marital assets are valued as of the date of the initially scheduled prehearing settlement conference, unless the parties agree to a different date or the court finds another date is fair. If an asset's value changes substantially between valuation and final distribution, the court may adjust the valuation.

Effective: 2024

If one spouse's resources (including their share of marital property) are so inadequate as to create an unfair hardship, the court may award up to one-half of the other spouse's nonmarital property to prevent that hardship. The court must make specific findings justifying any such award.

Effective: 2024

Vested pension plan benefits earned during the marriage are marital property subject to division. If insufficient liquid assets exist, the court may order division of pension benefits directly, including revocation of optional annuity beneficiary designations in qualifying pension plans.

Effective: 2024

Courts determine custody based on 12 best-interest factors including the child's physical and emotional needs, special needs, the child's reasonable preference, whether domestic abuse has occurred, each parent's caregiving history, and the child's adjustment to home and school. Courts must make detailed findings on each factor. There is a rebuttable presumption favoring joint legal custody upon request, but that presumption reverses when domestic abuse has occurred.

Effective: 2024

If both parents agree, the court must approve a parenting plan in lieu of a traditional custody order unless it finds the plan is not in the child's best interests. Parents may use alternative terminology instead of 'custody.' The court may also create a parenting plan on its own motion, except when domestic abuse has occurred between the parties.

Effective: 2024

The court must grant parenting time that enables a meaningful parent-child relationship and serves the child's best interests. When an order for protection exists under Chapter 518B, the court must consider it when setting parenting time and may order supervised parenting time. A noncustodial parent denied parenting time is entitled to compensatory time, and repeated intentional interference triggers mandatory attorney fee awards.

Effective: 2024

A parent seeking to move a child's residence to another state bears the burden of proof to show the move serves the child's best interests. However, if that parent has been a victim of domestic abuse by the other parent, the burden shifts to the parent opposing the move. The court considers each parent's reasons for seeking or opposing the relocation.

Effective: 2024

Custody orders can be modified upon a showing of changed circumstances that make modification in the child's best interests. The standard for modifying a child's primary residence is stricter: the court must find endangerment of the child's physical or emotional health, or that both parents agree, or that the child has been integrated into the other parent's household.

Effective: 2024

The court may appoint a guardian ad litem to represent a child's interests in custody or parenting time disputes. Appointment is mandatory if the court has reason to believe the child is a victim of domestic child abuse or neglect. The guardian conducts an independent investigation including home observations and interviews with parents and caregivers.

Effective: 2024

Completely reformed effective August 1, 2024. The court may award maintenance if a spouse lacks sufficient property for reasonable needs or cannot provide adequate self-support. New duration presumptions based on marriage length: under 5 years — presumed no maintenance; 5–20 years — presumed transitional maintenance up to half the marriage length; 20+ years — presumed indefinite maintenance. 'Temporary' maintenance renamed 'transitional' and 'permanent' renamed 'indefinite.' New factors include whether the marital standard of living was funded by debt.

Effective: 2024

New provision effective August 1, 2024. Addresses whether a maintenance obligation should be modified or terminated upon retirement. The court considers whether the retirement is in good faith, whether the party has reached full Social Security retirement age, and whether assets have been reasonably managed. A party who retires at or after full Social Security retirement age cannot be presumed to have retired in bad faith.

Effective: 2024

Minnesota uses an income-shares model. The court calculates each parent's parental income for determining child support (PICS), determines each parent's percentage of combined PICS, applies the guidelines table in §518A.35 to find the combined basic support obligation, then applies the parenting expense adjustment under §518A.36. The final order separately designates basic support, child care support, and medical support.

Effective: 2024

Provides the presumptive basic child support obligation based on combined parental income and number of children. The guideline is a rebuttable presumption. For combined incomes exceeding $20,000 per month, the obligation is capped at the amount for $20,000 income unless the child has a disability or demonstrated need for additional support.

Effective: 2024

Adjusts child support based on each parent's court-ordered parenting time. The adjustment reflects that a parent incurs costs for food, clothing, transportation, and housing when the child is in their care. When parenting time is equal and incomes are equal, no basic support is owed. When parenting time is equal but incomes differ, the higher-income parent pays a reduced amount calculated at 75% of the combined basic support obligation.

Effective: 2024

Child support may be modified upon showing changed circumstances that make the current order unreasonable and unfair. Grounds include substantially changed income of either parent, changed needs of the child, receipt of public assistance, changes in cost of living, extraordinary medical expenses, changes in health care coverage, or changes in childcare expenses. Amended in 2024 as part of Chapter 101.

Effective: 2024

There is a rebuttable presumption that child support should not exceed the obligor's ability to pay. The court calculates the obligor's available income by subtracting a monthly self-support reserve equal to 120% of the federal poverty guidelines for one person from the obligor's PICS. This protects low-income parents from support orders that would push them below the poverty line.

Effective: 2024

Upon service of the summons, automatic temporary restraining provisions take effect for both parties. Neither party may dispose of assets except for necessities of life, generating income, preserving assets, or retaining counsel. All insurance coverage must be maintained. The summons must also notify parties about alternative dispute resolution options and mandatory parent education programs if minor children are involved.

Effective: 2024

Either party may request temporary orders during the divorce proceeding covering child support, spousal maintenance, custody, parenting time, and attorney fees. The court may restrain both parties from transferring or hiding property, harassing the other party, or removing children from the jurisdiction. Violating restraining provisions regarding harassment, child removal, or exclusion from the home is a misdemeanor. Courts must hold priority hearings within 30 days when parenting time has been denied for 14+ consecutive days.

Effective: 2024

Minnesota offers a simplified, expedited dissolution process for qualifying couples. If the parties meet the statutory qualifications and file a joint declaration, the district court administrator enters a decree of dissolution 30 days after filing. The state court administrator provides simplified forms and instructions for the summary process.

Effective: 2024

When custody or parenting time is contested, the court may refer the matter to mediation to reduce conflict and develop agreements that support the child's best interests. The mediator has no coercive authority. If the court determines there is probable cause that a party or child has been physically or sexually abused, the court cannot require mediation. Mediation proceedings are private and records cannot be used as evidence.

Effective: 2024

A dissolution decree is final when entered, subject to the right of appeal. An appeal challenging only financial terms (not the irretrievable breakdown finding) does not delay the dissolution itself. A party may remarry immediately after the decree if the irretrievable breakdown is uncontested or stipulated. Decrees can be reopened within one year for newly discovered evidence, fraud, or mistake.

Effective: 2024

In contested custody or parenting time cases, both parents must attend at least 8 hours of a court-approved parent education program about the impact of divorce on children. The court must notify parents of the option to use private mediation before the initial case management conference. If domestic abuse is alleged, the parties cannot be required to attend the same sessions.

Effective: 2024

Provides a civil remedy for victims of domestic abuse including orders for protection (OFP). The court may award temporary custody and parenting time with primary consideration given to victim and child safety. If unsupervised parenting time would jeopardize safety, the court must restrict, condition, or deny parenting time. An OFP can exclude an abuser from the family home and prohibit contact.

Effective: 2024

A parent convicted of certain crimes (including domestic assault, sexual abuse, or homicide) within the preceding 5 years, currently incarcerated or on probation, or who victimized a family member, bears the burden of proving that custody or parenting time is in the child's best interests. If the victim was a family or household member, the standard of proof is clear and convincing evidence.

Effective: 2024

Substantially reformed effective August 1, 2024. Prenuptial agreements are enforceable if procedurally and substantively fair: full financial disclosure, opportunity for independent counsel, in writing with two witnesses, voluntary, and executed at least 7 days before marriage. Agreements signed 7+ days before marriage are presumed enforceable; those signed within 7 days are presumed unenforceable. Postnuptial agreements require separate legal counsel for each spouse and are presumed unenforceable if a divorce action begins within 2 years.

Effective: 2024

Either party may request a name change in the final dissolution decree. The court must grant the request unless it finds an intent to defraud or mislead. The name change is effective upon entry of the decree, eliminating the need for a separate name-change proceeding.

Effective: 2024

The court may award attorney fees, costs, and disbursements against either party. The court considers the financial resources of each party, the fees of both parties' attorneys, whether the fees are reasonable, and whether either party has unreasonably contributed to the length or expense of the proceeding. This ensures access to legal representation when there is a significant income disparity.

Effective: 2024

Spouses may agree in writing to limit or preclude future modification of spousal maintenance, and the court will enforce such stipulations if it makes specific findings that the agreement is fair, supported by consideration, and made after full financial disclosure. Spouses may also restore modification authority through a later binding stipulation. Unless otherwise agreed, maintenance terminates upon the death of either party or the remarriage of the recipient.

Effective: 2024