What are the Requirements to get a Divorce in Minnesota?

04.10.2019 Written by: Henningson & Snoxell, Ltd.

No-Fault Divorce State - Minnesota

In Minnesota there are few requirements to file for divorce. Minnesota is called a “no-fault” divorce state. A No-fault divorce means there is no need to prove either party is at fault for the marriage ending. No-fault also means if one spouse files for divorce, the other spouse cannot contest the divorce.

All you need is one person to tell the court that there has been an irretrievable breakdown of the marriage relationship. Simply put, this means that one, or both, of the spouses does not want to live with the other as a married couple. No-fault also means that the reason for the break-up of the marriage cannot be considered by the court in deciding spousal maintenance, property division or custody, unless a child’s wellbeing is affected.

Minnesota has no waiting period or required pre-divorce marriage counseling, as in some other states. One of the spouses must be a legal resident (having lived in Minnesota for the last 180 days) prior to service of the divorce paperwork. Members of the Unites States Armed Forces qualify as residents if they have kept their Minnesota residence.

At Henningson & Snoxell, Ltd. we have experienced, compassionate family law attorneys that can guide you through the divorce process.  If you have questions about filing for divorce, or any other family law related matter, please contact our office to set up a consultation.