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
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
Filing fee for dissolution of marriage in Minnesota district court.
At least one spouse must have been a resident of Minnesota for at least 180 days before filing for divorce.
Key Minnesota Statutes
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.
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.
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.
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.
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 information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Minnesota Revisor of Statutes. For advice about your specific situation, consult a licensed attorney.
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