Is There a Waiting Period for Divorce in Minnesota?
If you are considering divorce, you may have heard that you have to wait a certain amount of time before you can get divorced in Minnesota.
Minnesota does not have a general mandatory waiting period that requires every couple to wait a specific number of days after filing before their divorce can be finalized.
However, there are other time requirements that can affect when you can file and how long your divorce may take. Understanding the difference between a residency requirement, the divorce process, and a true waiting period can help you know what to expect.
Is There a 180-Day Waiting Period for Divorce in Minnesota?
One common misconception is that Minnesota requires every couple to wait 180 days before getting divorced.
That is not exactly correct.
Minnesota law generally requires that at least one spouse has lived in Minnesota for at least 180 days immediately before the divorce proceeding begins. There are also provisions for certain members of the armed services and other circumstances. Minn. Stat. § 518.07.
This is a residency requirement, not a rule requiring every couple to wait 180 days after filing before the divorce can be finalized.
For example, if you have already met Minnesota's residency requirement, you do not necessarily have to wait another 180 days after filing simply because you are getting divorced.
Do You Have to Be Separated for 180 Days?
Another source of confusion is Minnesota's law regarding an irretrievable breakdown of the marriage.
Minnesota law provides that an irretrievable breakdown means there is no reasonable prospect of reconciliation. When that issue is disputed, one way the court can establish an irretrievable breakdown is through evidence that the spouses have lived separate and apart for at least 180 days immediately before the proceeding began. Another basis is serious marital discord that adversely affects one or both spouses' attitudes toward the marriage.
This does not mean that every couple must live separately for 180 days before filing for divorce.
If both spouses acknowledge that the marriage is irretrievably broken, Minnesota law provides a process for the court to make that finding without requiring the couple to complete a universal 180-day separation period.
How Long Does a Minnesota Divorce Actually Take?
There is no single answer.
The amount of time a divorce takes depends on the circumstances of the case and whether the spouses can reach an agreement.
An uncontested divorce, where spouses agree on the major issues, may generally move through the court process more efficiently.
A contested divorce can take substantially longer because the spouses may disagree about:
Property and debt division;
Child custody;
Parenting time;
Child support;
Spousal maintenance;
Retirement accounts;
The marital home;
Business interests; or
Other financial or family-related issues.
When spouses cannot reach an agreement, additional negotiations, discovery, mediation, hearings, or a trial may be necessary.
What Can Make a Divorce Take Longer?
Even though Minnesota does not have a universal post-filing waiting period, several factors can affect how quickly a divorce is completed.
Disagreements Between Spouses
If spouses disagree about important issues, resolving those disputes can take time.
A spouse's disagreement does not necessarily prevent the divorce from happening, but it can make the process more complicated.
Financial Issues
Divorces involving significant or complicated finances may require additional time to identify, value, and divide assets and debts.
This can include:
Real estate;
Retirement accounts;
Investments;
Businesses;
Stock or other compensation;
Bank accounts; and
Significant debts.
Children
When minor children are involved, the spouses may need to resolve custody, parenting time, and child support issues before the divorce can be finalized.
Court Scheduling
The availability of court hearings and the court's workload can also affect how long a case takes.
Because every divorce is different, it is difficult to predict an exact timeline without knowing the circumstances of the case.
What Is the 180-Day Minnesota Residency Requirement?
Before a Minnesota court can generally grant a divorce, one of the spouses must have satisfied Minnesota's residency requirement.
Under Minn. Stat. § 518.07, one spouse generally must have resided in Minnesota, been stationed in Minnesota as a member of the armed services, or been domiciled in Minnesota for at least 180 days immediately before the proceeding begins.
This requirement is important for determining whether Minnesota is the appropriate state in which to begin the divorce proceeding.
It is different from a requirement that says the divorce itself must take 180 days.
Can I Get Divorced Quickly If My Spouse and I Agree?
An agreement between spouses can often make the divorce process more straightforward.
When spouses agree on issues such as property division, debts, custody, parenting time, child support, and spousal maintenance, there may be fewer disputes for the court to resolve.
However, an agreement does not mean that the divorce is automatically finalized immediately. The required court documents and procedures still need to be completed, and the court must enter the appropriate judgment and decree.
What If My Spouse Does Not Agree?
Your spouse's disagreement does not necessarily mean that you have to remain married.
Minnesota is a no-fault divorce state, and a dissolution of marriage may be granted when the court finds that the marriage relationship has experienced an irretrievable breakdown.
However, disagreements over property, finances, children, or support can make the divorce process take longer.
The Bottom Line
Minnesota does not have a universal waiting period requiring every couple to wait a specific number of days after filing for divorce.
However, Minnesota generally requires one spouse to meet a 180-day residency requirement before beginning a divorce proceeding. The 180-day period is also relevant to establishing an irretrievable breakdown in certain contested circumstances, but it is not a universal 180-day waiting period for every divorce.
How long your divorce actually takes depends on factors such as whether you and your spouse agree on the issues, whether you have children, the complexity of your finances, and whether court intervention is necessary.
If you are considering divorce in Minnesota and want to understand what the process and timeline may look like in your situation, Lauren Pevehouse Law can help you understand your options.
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.
