Minnesota Divorce Law

Important Minnesota Divorce Guidelines to File for a Divorce

Minnesota Residency Requirements For Divorce

Either the petitioner or respondent must be a resident of Minnesota for 180 days before filing Minnesota divorce papers.

Grounds For Divorce In Minnesota

The only grounds for divorce in Minnesota is:

• irretrievable breakdown of the marriage, which is defined as living separate and apart for 180 days, and serious marital discord adversely affecting the attitude of one or both spouses toward the marriage.

Minnesota Child Custody

The Minnesota courts recognize joint custody as in the child’s best interest. Joint custody permits both parents to participate in the decision making process where their child’s development and well being is concerned.

In making any custody decision, the following are some of the factors to be considered:

• wishes of the child’s parents to give love, affection and guidance;
• wishes of the child;
• bond between child and parents;
• moral fitness of the parties involved;
• child’s adjustment to home, school, and community;
• mental and physical health of all individuals involved.

Minnesota Child Support Guidelines

Unless special circumstances are present, the courts calculate child support based on the official child support guidelines. Child support will continue until the child reaches adulthood, and may be extended through his or her secondary education. The guideline child support amount is based on the income of the non custodial parent with adjustments for certain specified expenses.

Venue

Minnesota divorce forms may be filed in either the petitioner’s county of residence or the respondent’s county of residence.

Mediation

The parties may choose to submit their disputed issues to mediation at any time, before or after a divorce in Minnesota has been initiated. If the parties are able to reach an agreement through mediation, they may proceed in court on an uncontested basis.