Can I get Divorced in Minnesota?
Very important initial questions like this need to be answered.
Can I get divorced in Minnesota? Which county or counties do I file in? Do I have to go through a waiting period or take any classes before getting divorced in Minnesota? Minnesota puts up fewer legal barriers to divorce than some other states, in that it does not require any waiting period or that the parties attend any special classes prior initiating a divorce.
In a Minnesota divorce, state law requires only that at least one of the spouses must have resided in Minnesota for at least 180 days before filing the divorce. This is to prevent people from coming to Minnesota just to get divorced. Additionally, if one of the parties is a member of the armed forces and has been stationed in Minnesota for the last 180 days, Minnesota allows the divorce to take place in Minnesota. As of August 1, 2013, same sex couples are able to get married and divorced in Minnesota as well, and the same residency requirements apply. However, Minnesota statute also states that in the event the couple no longer resides in Minnesota but instead resides in a state that does not recognize same sex divorce, the same sex couple may apply for and receive a divorce in Minnesota if they were married in Minnesota on or after August 1, 2013.
Parents should understand that issues of jurisdiction can complicate their divorce when it comes to custody. In some situations, when one parent has relocated out of the state with the parties’ children, it could be that the court in Minnesota is no longer the appropriate place to decide child custody issues. If the children have resided outside of the state for at least six months or longer, Minnesota may decline to hear a custody matter.
Finally, if a couple meets the jurisdictional requirements described above, then the divorce should be filed in the county in which the couple lives. If the couple is separated and live in two different counties, the divorce can be filed in either of the Minnesota counties the parties live in.
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