How Long Must I Live in Minnesota to File for Divorce?
If you recently moved to Minnesota and are considering divorce, you may be wondering whether you can file for divorce right away or whether you need to live in Minnesota for a certain amount of time first.
Generally, at least one spouse must have lived in Minnesota for at least 180 days immediately before starting a divorce proceeding. Minnesota law also provides certain alternatives for members of the armed services and individuals who are considered domiciled in Minnesota. Minn. Stat. § 518.07.
Is There a 180-Day Residency Requirement?
Yes. Under Minnesota law, a divorce generally cannot be granted unless at least one of the spouses has:
Lived in Minnesota for at least 180 days immediately before the divorce proceeding begins;
Been a member of the armed services stationed in Minnesota for at least 180 days immediately before the proceeding; or
Been domiciled in Minnesota for at least 180 days immediately before the proceeding.
The Minnesota Judicial Branch similarly explains that at least one spouse generally must have been living in Minnesota for a minimum of 180 days before starting a divorce case.
Do Both Spouses Have to Live in Minnesota?
No.
Generally, only one spouse needs to meet Minnesota's residency requirement.
For example, if you have lived in Minnesota for at least 180 days but your spouse lives in another state, you may still be able to file for divorce in Minnesota, assuming the other legal requirements for Minnesota jurisdiction are satisfied.
Minnesota law specifically states that a divorce proceeding may be brought by either or both spouses and establishes venue rules based on where the spouses reside.
What If I Just Moved to Minnesota?
If you recently moved to Minnesota and neither spouse meets the 180-day requirement, you may need to wait until the residency requirement is satisfied before beginning a Minnesota divorce proceeding.
For example, if you moved to Minnesota 60 days ago, you generally have not yet met the 180-day residency requirement.
However, your specific circumstances may matter. An attorney can help determine whether you meet Minnesota's residency or domicile requirements and whether another state may be the appropriate place to file.
Does “Living in Minnesota” Mean I Need a Permanent Home?
Minnesota's statute refers to both residence and domicile. The exact circumstances of where you live and whether Minnesota is considered your domicile can matter when determining whether the residency requirement has been satisfied.
Because residency and domicile can involve more than simply having a Minnesota address, it is important to consider the specific facts of your situation if there is any question about whether you meet the requirement.
What If My Spouse Lives in Another State?
Having a spouse who lives outside Minnesota does not automatically prevent you from filing for divorce in Minnesota.
If you meet Minnesota's residency requirement, Minnesota may have jurisdiction to handle the divorce. However, issues involving children, property located in another state, or other legal proceedings can create additional jurisdictional questions.
These situations may require careful consideration before filing.
What If We Were Married in Minnesota?
Getting married in Minnesota does not, by itself, generally mean that you can immediately file for divorce in Minnesota if neither spouse currently meets the residency requirement.
Minnesota law generally requires one spouse to have lived in Minnesota or been domiciled in Minnesota for at least 180 days before the divorce proceeding begins.
There is a limited exception for certain marriages performed in Minnesota when neither spouse is a Minnesota resident and neither spouse can obtain a divorce in the jurisdiction where they live because that jurisdiction does not recognize the marriage.
Is the 180 Days a Waiting Period After Filing?
No.
The 180-day requirement is primarily a residency requirement, not a rule requiring you to file for divorce and then wait another 180 days before your divorce can be finalized.
If you have already lived in Minnesota for at least 180 days before starting your case, you have generally satisfied the residency requirement.
How long the divorce itself takes depends on the circumstances of the case. The Minnesota Judicial Branch notes that a divorce can take several months to become final, depending on the circumstances.
When Should I File for Divorce?
If you are close to meeting the 180-day requirement, it may be helpful to understand exactly when you will satisfy it before beginning a divorce proceeding.
For example, if you have lived in Minnesota for approximately five months, determining the date on which you will reach 180 days may be important to your filing plans.
It is also important to consider other issues before filing, including:
Where you and your spouse currently live;
Whether you have minor children;
Where your children live;
Real estate and other property;
Bank and investment accounts;
Retirement accounts;
Business interests;
Debts;
Spousal maintenance; and
Whether either spouse has already started a legal proceeding in another state.
What If I Do Not Meet Minnesota's Residency Requirement Yet?
If you do not yet meet Minnesota's 180-day residency requirement, that does not necessarily mean you cannot get divorced.
It may mean that you need to wait until the residency requirement is satisfied before filing in Minnesota. Depending on your circumstances, another state may also have jurisdiction over your divorce.
Because filing in the wrong state can create unnecessary complications, it is a good idea to understand the residency and jurisdiction requirements before beginning your case.
The Bottom Line
In most Minnesota divorce cases, at least one spouse must have lived in Minnesota for 180 days immediately before starting the divorce proceeding.
You generally do not need both spouses to live in Minnesota, and the 180-day requirement is not necessarily a 180-day waiting period after filing. Minnesota law also contains specific provisions for military members and certain situations involving nonresidents.
If you are considering divorce and recently moved to Minnesota, understanding the residency requirement is an important first step. Lauren Pevehouse Law can help you understand whether Minnesota is the appropriate place to file and what to expect from the divorce process.
This article is for informational purposes only and does not constitute legal advice. Every divorce case is different. For advice regarding your specific circumstances, consult with a qualified Minnesota family law attorney.
