When to File for Divorce in Minnesota

Parties do not have to file for divorce in the state in which they were married. However, Minnesota has specific residency requirements that must be met in order for a person to file for divorce in a Minnesota court. A person may file for a divorce in Minnesota if (1) one of the parties has resided in the state or has been a member of the armed services stationed in this state, for no less than 180 days or (2) one of the parties has been a domiciliary of this state for not less than 180 immediately preceding commencement of the proceeding. Minnesota Statute §518.07.

A person’s domicile is the place that they would consider to be their permanent home. For example, a Minnesota resident attends college in Iowa. Their driver’s license still lists Minnesota as the student’s home state, the student still has mail sent to his parents’ home in Minnesota, he votes in Minnesota and he has plans to return to the state once he finishes college. Even though that student is living in Iowa, Minnesota is his domicile and he would be eligible to file for divorce in Minnesota.

If you have just moved to Minnesota and you have been here less than 180 days, you will be unable to file for divorce in Minnesota. You must wait for 180 days (approximately 6 months) before you will be able to file for divorce in Minnesota.