Residency Requirements:
In order to file for divorce in Minnesota, either spouse must have been
a resident of Minnesota for at least 180 days immediately before filing.
Legal Separation:
Legal separation will be granted if the court finds that the spouses
need a legal separation. One spouse must have been a resident of
Minnesota for at least 6 months before the petition for legal separation
is filed.
General Divorce Procedure:
The spouses may bring the petition for dissolution of marriage jointly
as Co-Petitioners, thus eliminating the need for service of process or
the use of summons.
The petition is filed in the county where either spouse resides.
Mediation or Counseling:
If there is a child custody dispute, the court may order mediation,
unless there is a history of physical or sexual abuse of the child.
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Grounds for Minnesota Divorce:
Minnesota recognizes fault-based and no-fault
grounds for divorce.
No-fault:
The no-fault grounds for divorce in Minnesota include:
1) the irrevocable breakdown of the marriage shown
by living separate and apart for 180 days;
2) serious marital discord adversely affecting
the attitude of one or both spouses toward the marriage.
Fault-based:
The only fault-based ground is the irrevocable breakdown of the marriage.
Title of Divorce action:
Petition for Dissolution of Marriage.
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