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Minnesota Family Laws

Minnesota is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The state uses a "best interests of the child" standard for custody decisions, considers 13 statutory factors, and does not presume in favor of either parent. Minnesota recognizes both legal custody (decision-making) and physical custody (where the child lives).

Last verified: 2025-02-24

Statute of Limitations

2 years for divorce property claims; varies for other actionsMinn. Stat. § 518.58, subd. 4

Claims to reopen property divisions in a divorce must be brought within 2 years. Custody and support modifications have no fixed limitation but require a substantial change in circumstances.

Filing Requirements

Divorce Filing Fee$402Minn. Stat. § 357.021

Filing fee for dissolution of marriage in Minnesota district court.

Residency RequirementMinn. Stat. § 518.07

At least one spouse must have been a resident of Minnesota for at least 180 days before filing for divorce.

Key Minnesota Statutes

Best Interests of the Child (Custody)Minn. Stat. § 518.17

Courts evaluate 13 factors including each parent's relationship with the child, the child's adjustment to home and community, the child's preference (if appropriate age), and any history of domestic abuse.

Equitable Division of Marital PropertyMinn. Stat. § 518.58

Marital property is divided equitably considering factors like the length of the marriage, each spouse's income and property, and the contribution of each spouse. Nonmarital property (owned before marriage or received by gift/inheritance) is generally not divided.

Spousal Maintenance (Alimony)Minn. Stat. § 518.552

Courts may award temporary or permanent spousal maintenance based on need and the other spouse's ability to pay, considering the standard of living during marriage, duration of marriage, and earning capacity.

Child Support GuidelinesMinn. Stat. § 518A.35

Minnesota uses an income shares model that considers both parents' gross incomes, parenting time percentages, and the costs of health insurance, childcare, and other factors.

Domestic Abuse Orders for ProtectionMinn. Stat. § 518B.01

Victims of domestic abuse can petition for an Order for Protection (OFP) requiring the abuser to stay away, leave the home, and surrender firearms. Violations are criminal offenses.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Minnesota.

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