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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Minnesota divorce. Make sure that your situation matches all the requirements.
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 Grounds for divorce
Residency requirements
Where to file
Legal-separation
Division of Property
Child custody
A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship.
What is the difference between fault divorce and no-fault divorce?
The dissolution of marriage shall be granted if either of the following is satisfied:
- one of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately
preceding the commencement of the proceeding; or
- one of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding.
(Minnesota Statutes, Chapter 518.07)
A divorce proceeding shall be filed at a county of residence of either spouse. A proceeding for dissolution of marriage, legal separation, or annulment shall be entitled "In re the Marriage of ................. and ................. ." (Minnesota Statutes, Chapter 518.005)
If neither party resides in the state and jurisdiction is based on the domicile of either spouse, the proceeding may be brought in the county where either party is domiciled. If neither party resides or is domiciled in this state and jurisdiction is premised upon one of the parties being a member of the armed services stationed in this state for not less than 180 days immediately preceding the commencement of the proceeding, the proceeding may be brought in the county where the member is stationed. (Minnesota Statutes, Chapter 518.09)
If one or both parties petition for a decree of legal separation and neither party contests the granting of the decree nor petitions for a decree of dissolution, the court shall grant a decree of legal separation. (Minnesota Statutes, Chapter 518.006)
Upon dissolution of a marriage the court shall make a just and equitable division of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property. The court shall base its findings on all relevant factors 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, opportunity for future acquisition of capital assets, and income of each party.
The court shall also consider the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker. It shall be conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife. The court may also award to either spouse the household goods and furniture of the parties, whether or not acquired during the marriage.
The court shall value marital assets for purposes of division between the parties as of the day of the initially scheduled prehearing settlement conference, unless a different date is agreed upon by the parties, or unless the court makes specific findings that another date of valuation is fair and equitable. If there is a substantial change in value of an asset between the date of valuation and the final distribution, the court may adjust the valuation of that asset as necessary to effect an equitable distribution. (Minnesota Statutes, Chapter 518.58)
Deciding Child Custody issues the courts use the "best interest of the child" standard.
The best interests of the child" means all relevant factors to be considered and evaluated by the court including:
- (1) the wishes of the child's parent or parents as to custody;
- the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
- the child's primary caretaker;
- the intimacy of the relationship between each parent and the child;
- the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;
- the child's adjustment to home, school, and community;
- the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
- the permanence, as a family unit, of the existing or proposed custodial home;
- the mental and physical health of all individuals involved;
- the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;
- the child's cultural background;
- the effect on the child of the actions of an abuser, if related to domestic abuse, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and
- except in cases in which a finding of domestic abuse has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.
The court may not use one factor to the exclusion of all others. The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.
The court shall not consider conduct of a proposed custodian that does not affect the custodian's relationship to the child.
The court shall use a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child. However, the court shall use a rebuttable presumption that joint legal or physical custody is not in the best interests of the child if domestic abuse has occurred between the parents. (Minnesota Statutes, Chapter 518.17)
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To better understand the health care and pecuniary related issues our legal articles and other law related information may be of interest to you.
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Ex-wife of Rep. Tony Cornish once obtained domestic abuse protection order against him
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Court: Kids of divorced stepparent must pay inheritance tax
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A Republican-led legislature in 2003 changed the state's inheritance law so children who inherit money from a stepparent after the parents divorced could no longer qualify for a longstanding inheritance tax exemption for natural or adopted children.
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What is the 'spiritual' part of PJ Fleck's Gophers football makeover?
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While a Gophers win over Northwestern on Saturday in Evanston, Ill., would mean Minnesota earns bowl eligibility for a sixth straight season, Fleck has said repeatedly that his ultimate goal is for his players to be “elite” in four areas of life ...
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