Do I Need a Reason to Get Divorced in Minnesota?

The short answer is “No,” here’s why:

If you are considering divorce, you may wonder whether you need to prove that your spouse did something wrong before you can end your marriage.

In Minnesota, the answer is generally no. Minnesota is a no-fault divorce state, which means you do not have to prove adultery, abandonment, abuse, or another specific type of marital misconduct to obtain a divorce.

Instead, Minnesota law provides that a divorce may be granted when there has been an “irretrievable breakdown” of the marriage relationship. Minn. Stat. § 518.06.

What Does “No-Fault Divorce” Mean?

A no-fault divorce means that one spouse does not have to establish that the other spouse caused the marriage to fail.

For example, you generally do not need to prove that your spouse:

• Cheated;

• Abandoned the marriage;

• Was emotionally or physically abusive;

• Was financially irresponsible; or

• Did something else that caused the relationship to end.

The focus is instead on whether the marriage has broken down and there is no reasonable prospect of reconciliation.

If both spouses agree that the marriage is irretrievably broken, the court can make that finding. If one spouse disputes that the marriage is irretrievably broken, Minnesota law provides standards the court can consider in making that determination.

Can I Get Divorced If My Spouse Does Not Want a Divorce?

Yes. One spouse generally cannot prevent the other spouse from obtaining a divorce simply by refusing to agree to it.

Minnesota's no-fault system means that a spouse does not need the other spouse's permission to seek a divorce. If the legal requirements for dissolution are met, the court can grant the divorce even when the other spouse does not want the marriage to end.

However, disagreement between spouses can make the divorce process more complicated.

For example, spouses may disagree about:

• Division of property and debts;

• Spousal maintenance;

• Child custody;

• Parenting time;

• Child support;

• Retirement accounts; or

• Other financial or family-related issues.

The fact that Minnesota is a no-fault state does not mean that these issues automatically resolve themselves.

Does It Matter Who Was “At Fault”?

Generally, Minnesota's no-fault divorce system means that proving your spouse caused the marriage to fail is not necessary to obtain the divorce.

It also generally means that marital misconduct is not used simply to punish one spouse when the court addresses issues such as property division, custody, or support. Instead, Minnesota law provides separate standards for resolving those issues.

This can be important because people sometimes believe they need to gather evidence proving that their spouse was “the reason” for the divorce. In many Minnesota divorce cases, that is not necessary simply to establish the right to a divorce.

What Does “Irretrievably Broken” Mean?

An irretrievable breakdown means that the marriage relationship has broken down to the point that there is no reasonable prospect of reconciliation.

If both spouses acknowledge that the marriage is irretrievably broken, the court can make that finding. If one spouse denies that the marriage is irretrievably broken, the court may consider relevant circumstances, including the circumstances that led to the divorce proceeding and whether reconciliation is possible. Minnesota law also identifies circumstances that can support a finding of irretrievable breakdown.

In other words, you do not need to come to court with a list of reasons why your spouse is a bad person. The legal question is whether the marriage itself has broken down.

What If My Spouse Cheated?

Infidelity can be an important part of what happened in a relationship, but you generally do not need to prove infidelity to obtain a divorce in Minnesota.

The same applies to many other problems that may occur during a marriage. Minnesota does not require a spouse to establish traditional “fault” grounds before a divorce can be granted.

That does not mean every circumstance is legally irrelevant. Depending on the facts of a particular case, certain conduct or financial circumstances may raise separate legal issues. An attorney can help determine whether a particular situation affects property, support, custody, or another part of your divorce.

Do I Need to Be Separated Before Filing?

Minnesota does not generally require spouses to live separately for a specific period before filing for divorce.

There are circumstances where living separately can become relevant to a divorce proceeding, including when one spouse disputes that the marriage is irretrievably broken. Minnesota law provides that living separate and apart for at least 180 days immediately before commencement of the proceeding can be evidence supporting a finding of irretrievable breakdown.

This is different from saying that every couple must be separated for 180 days before filing.

What Happens After You Decide to Divorce?

Even though you do not need to prove that your spouse did something wrong, there are still important issues that may need to be resolved before your divorce is finalized.

Depending on your circumstances, these can include:

• Property division — determining how marital assets and debts will be divided;

• Spousal maintenance — determining whether one spouse may be entitled to financial support;

• Child custody and parenting time — creating arrangements that address the children's needs;

• Child support — determining financial support for minor children;

• Retirement accounts — addressing the division of retirement benefits when applicable;

• Real estate — determining what happens to the marital home and other property; and

• Other financial matters — including taxes, insurance, business interests, and financial accounts.

The fact that Minnesota is a no-fault state makes the question of why the marriage ended less important than resolving the legal and financial issues that come with ending it.

Do I Need an Attorney to Get Divorced in Minnesota?

Not every divorce requires an attorney. However, divorce can involve significant financial and family-related decisions, particularly when spouses have children, own a home or business, have retirement accounts, or disagree about how their property and responsibilities should be divided.

An attorney can help you understand your rights and responsibilities, identify issues that need to be addressed, and work toward an agreement or advocate for you when an agreement cannot be reached.

The Bottom Line

You generally do not need a specific “reason” such as cheating, abandonment, or abuse to get divorced in Minnesota.

Minnesota is a no-fault divorce state. The legal basis for a divorce is that the marriage has experienced an irretrievable breakdown.

If you are thinking about divorce, understanding the no-fault process is only the first step. The decisions involving property, finances, children, and support can have long-term consequences.

If you are considering divorce in Minnesota and want to understand your options, Lauren Pevehouse Law can help you understand the process and the issues that may apply to your situation.

This article is for informational purposes only and does not constitute legal advice. Every divorce is different. For advice regarding your specific circumstances, consult with a qualified Minnesota family law attorney.