Divorce in Minnesota: Laws, Requirements, and Process
A complete guide to getting a divorce in Minnesota. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 180 days in the state.
- Waiting period: 30 days from service of summons and petition.
- Filing fee: $350 - $400.
Grounds for Divorce
Minnesota allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the marriage.
Minnesota is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
180 days in the state.
Property Division
Minnesota is an equitable distribution state. Minnesota follows equitable distribution. Courts divide marital property fairly based on the length of the marriage, any prior marriage of a party, the age, health, and income of each spouse, the contribution of each party to the acquisition of marital property, and the needs of each party.
Alimony / Spousal Support
Minnesota courts may award temporary or permanent spousal maintenance. Courts consider the financial resources of the requesting spouse, the time needed for education or training, the standard of living during the marriage, the duration of the marriage, and the age and health of the requesting spouse.
Child Custody
Minnesota courts determine custody based on the best interest of the child. Factors include the wishes of the child and parents, the child's primary caretaker, the intimacy of the parent-child relationship, the child's cultural background, and any history of domestic abuse.
Child Support
Minnesota uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, the parenting time percentage, and costs for health insurance, childcare, and other relevant expenses.
Filing Fee
The filing fee for divorce in Minnesota is $350 - $400. Fee waivers may be available for those who cannot afford to pay.
Minnesota court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Minnesota?
Minnesota is a pure no-fault divorce state. The only ground for dissolution of marriage is the irretrievable breakdown of the marriage relationship. Fault-based grounds are not recognized.
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How long do you have to live in Minnesota to file for divorce?
At least one spouse must have been a resident of Minnesota for at least 180 days (6 months) before commencing the dissolution proceeding.
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How is property divided in a Minnesota divorce?
Minnesota uses equitable distribution. Courts divide marital property fairly based on each spouse's contributions, the length of the marriage, income and earnings of each party, and the future needs of each spouse.
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How long does a divorce take in Minnesota?
Minnesota has a 30-day waiting period from the date of service. Uncontested divorces can be finalized in approximately 1 to 3 months. Contested cases typically take 6 months to over a year.