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Does Minnesota have a Divorce Waiting Period?

Minnesota has no requirement for a waiting period or mandatory separation period before seeking a divorce. However, in order to commence a divorce in Minnesota, one or the other spouse must be a resident or domiciliary of Minnesota for 6 months immediately preceding commencement of the divorce.

This can be problematic if a party needs to commence a divorce in Minnesota immediately, but neither party has yet been residing here for the requisite six-month period. In such cases, one should seriously consider a legal separation, which has no length-of-residency requirement, and which can afford much of the relief afforded by divorce, such as determinations of property possession, custody, parenting time, child support, and spousal maintenance. Later, after the six-month residence requirement is satisfied, the case can be converted to one for divorce.

* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.


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Minnesota is a no-fault only state. The divorce petition must state either that the parties have been living separate and apart for 180 days or more or that there is "serious marital discord" with no chance of reconciliation. All fault grounds, such as adultery, cruelty and insanity are no longer recognized in Minnesota.
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