Minnesota · statute · Minn. Stat. ch. 518 · 59 active provisions
The public policy of this state is to: (1) ensure that each child has frequent and substantial contact with the child's parents, as long as the child's parents have shown the ability to act in the best interests of the child; (2) ensure that parents and caregivers provide a safe and nurturing environment for each child…
Wherever the word "divorce" is used in the statutes, it has the same meaning as "dissolution" or "dissolution of marriage."
Subdivision 1. Scope. For the purposes of this chapter and chapter 518A, the following terms have the meanings provided in this section unless the context clearly requires otherwise. Subd. 2. [Renumbered subd 9] Subd. 3. Custody. Unless otherwise agreed by the parties: (a) "Legal custody" means the right to determine t…
Subdivision 1. Applicable. Unless otherwise specifically provided, the Rules of Civil Procedure for the district court apply to all proceedings under this chapter. Subd. 2. Title. A proceeding for dissolution of marriage, legal separation, or annulment shall be entitled "In re the Marriage of .......... and ..........…
All marriages which are prohibited by section 517.03 shall be absolutely void, without any decree of dissolution or other legal proceedings; except if a person whose spouse has been absent for four successive years, without being known to the person to be living during that time, marries during the lifetime of the abse…
A marriage shall be declared a nullity under the following circumstances: (a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity; or becaus…
An annulment shall be commenced and the complaint shall be filed and proceedings had as in proceedings for dissolution. Upon due proof of the nullity of the marriage, it shall be adjudged null and void. The provisions of this chapter and chapter 518A relating to property rights of the spouses, maintenance, support and…
No marriage shall be adjudged a nullity on the ground that one of the parties was under the age of legal consent if it appears that the parties had voluntarily cohabited together as spouses after having attained such age; nor shall the marriage of any person who lacks the mental capacity to make decisions be adjudged v…
An annulment may be sought by any of the following persons and must be commenced within the times specified, but in no event may an annulment be sought after the death of either party to the marriage: (a) for a reason set forth in section 518.02, clause (a), by either party or by the legal representative of the party w…
Any person who has cohabited with another to whom the person is not legally married in the good faith belief that the person was married to the other is a putative spouse until knowledge of the fact that the person is not legally married terminates the status and prevents acquisition of further rights. A putative spous…
Subdivision 1. Meaning and effect; grounds. A dissolution of marriage is the termination of the marital relationship between spouses. A decree of dissolution completely terminates the marital status of both parties. A legal separation is a court determination of the rights and responsibilities of a husband and wife ari…
Subdivision 1. General. Except as provided in subdivision 2, no dissolution shall be granted unless: (1) one of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or (2) one of th…
A proceeding for dissolution or legal separation may be brought by either or both spouses and shall be commenced by personal service of the summons and petition venued in the county where either spouse resides. If neither party resides in the state and jurisdiction is based on the domicile of either spouse, the proceed…
Subdivision 1. Temporary restraining orders. (a) Every summons must include the notice in this subdivision. NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE RESOLUTION PROVISIONS UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, UNLESS THEY ARE MO…
Subdivision 1. Petition. The petition for dissolution of marriage or legal separation shall state and allege: (a) the name and address of the petitioner and any prior or other name used by the petitioner; (b) the name and, if known, the address of the respondent and any prior or other name used by the respondent and kn…
(a) Unless a proceeding is brought by both parties, copies of the summons and petition shall be served on the respondent personally. (b) When service is made out of this state and within the United States, it may be proved by the affidavit of the person making the same. When service is made without the United States it…
The respondent shall have 30 days in which to answer the petition. In case of service by publication, the 30 days shall not begin to run until the expiration of the period allowed for publication. In the case of a counterpetition for dissolution or legal separation to a petition for dissolution or legal separation, no…
Subdivision 1. Default. If the respondent does not appear after service duly made and proved, the court may hear and determine the proceeding as a default matter. Subd. 2. Dispute over irretrievable breakdown. If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the cour…
Subdivision 1. Permissible orders. In a proceeding brought for custody, dissolution, or legal separation, or for disposition of property, maintenance, or child support following the dissolution of a marriage, either party may, by motion, request from the court and the court may grant a temporary order pending the final…
Subdivision 1. General. Except as provided in section 518A.735, in a proceeding under this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements in an amount necessary to enable a party to carry on or contest the proceeding, provided it finds: (1) that the fees are necessary for the goo…
Subdivision 1. Appeal. A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. When entered, the findings of fact and conclusions of law may constitute the judgment and decree. An appeal from the decree of dissolution that does not challenge the finding that the…
The Social Security numbers and tax returns required under this chapter and chapter 518A are not accessible to the public, except that they must be disclosed to the other parties to a proceeding as provided in section 518A.28.
Subdivision 1. Certificate of dissolution. (a) The court must prepare a separate certificate of dissolution to be attached to the judgment and decree at the time of granting the dissolution of marriage. Upon approval by the court and filing of the certificate of dissolution with the court administrator, the court admin…
Notwithstanding any law to the contrary, a court in which a proceeding for dissolution, legal separation, or child custody has been commenced shall not issue, revise, modify or amend any order, pursuant to sections 518.131, 518.165, 518.168, 518.17, 518.175 or 518.18, which affects the custody of a minor child or the p…
Subdivision 1. Procedure. In a court of this state which has jurisdiction to decide child custody matters, a child custody proceeding is commenced by one or both parents: (1) by filing a petition or a joint petition for dissolution or a petition or a joint petition for legal separation in the county where either spouse…