If you are looking at a divorce in your future, it is important to understand the legal basis of the process. Laws surrounding divorce differ between states, and if you are going through the process in Minnesota, you want to understand Minnesota laws. Only then will you be able to decide if divorce in Minnesota is right for you, or even legally possible.

According to the Minnesota Judicial Branch, one or both of the spouses involved in the divorce must have been a resident of Minnesota for at least 180 days before starting divorce proceedings. If this is not the case, one or both spouses must establish residency and wait the required amount of time before filing.

Same-sex divorce has been legal in Minnesota since 2013. The residency requirement is the same for same-sex couples as it is for opposite-sex couples and all other rules and requirements are the same.

Divorce can take several months to complete and is expensive and time-consuming as it is, but if property or children are involved the matter becomes messier. It is easier and more efficient if both parties of the divorce can come to amicable solutions regarding child custody, support, and property division outside of court. If there is a dispute over custody, both parents are required to take a parenting education class.

To start filing a divorce in Minnesota, you will need to file with the District Court located in the county where one of the spouses has residency. You will need to write a Summons and Petition and this is known as “serving” one spouse papers.

This article is intended to educate you about divorce in Minnesota. It is not intended to be legal advice.