Am I Eligible to File for Dissolution of Marriage in Minnesota? (2026)

Minnesota has a single residency requirement and no waiting period. Check each factor below.

Disclaimer: General legal information only. Consult a licensed Minnesota attorney for your situation.

Section 1 — Residency

At least one spouse must have lived in Minnesota for 180 days (6 months) immediately before filing.

• One spouse lived in Minnesota for 180+ days → ✅ File in the county where that spouse lives (if they've also lived in that county for 180 days)
• Neither spouse has lived in Minnesota for 180 days → ❌ Not yet eligible; wait until the 180-day requirement is met
• New to Minnesota: if one spouse just moved, wait 180 days from the move date

Which county: File in the county where either spouse has lived for 180 days.

Section 2 — Ground for Dissolution

Minnesota law provides only one ground: Irretrievable breakdown of the marriage (Minn. Stat. § 518.06).

• No fault grounds (adultery, cruelty, abandonment) exist in Minnesota
• No need to prove fault, wrongdoing, or lengthy separation
• Either spouse can assert irretrievable breakdown

Section 3 — Property Framework

Minnesota is an equitable distribution state. Courts divide marital property fairly — which may or may not mean 50/50. Courts consider:

• Length of marriage
• Each spouse's age, health, and income
• Contributions to the marriage (including homemaking)
• Desirability of awarding family home to the custodial parent
• Economic circumstances of each spouse

Marital property: Property acquired during the marriage (income, real estate, accounts, retirement, vehicles).

Non-marital (separate) property: Property owned before the marriage, gifts, inheritances, and personal injury awards for pain and suffering.

Section 4 — No Waiting Period

Minnesota has no mandatory waiting period after filing. For an agreed dissolution with a complete Marital Termination Agreement, the Decree of Dissolution can be issued relatively quickly after all required steps are complete. Counties vary in processing speed — some take 4–8 weeks from filing; others can be shorter or longer.

Section 5 — Parent Education Program (Children)

If there are minor children:

• Both parents must complete the Parent Education Program (Minn. Stat. § 518.157)
• Required before or by the time of the final hearing (county rules vary on exact timing)
• Each county has an approved program list — check your county's District Court website

The Parent Education Program focuses on the impact of dissolution on children and strategies to minimize conflict. It is approximately 8–10 hours.

Section 6 — Residency vs. Income Tax

Minnesota residency for dissolution purposes (180 days of physical presence) is separate from Minnesota income tax residency. If you recently moved, consult a tax advisor about state tax implications.

Last reviewed: March 2026 | 180-day residency | No-fault only | No waiting period | District Court | mncourts.gov/GetForms.aspx

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.