Can I File for Divorce in Minnesota?

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 the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding.

The Dissolution of Marriage is typically filed with in county in which the filing spouse lives.

(Minnesota Statutes - Chapters: 518.07, 518.09)

If you DO NOT meet at least one of the above Minnesota residency requirements, you have the following options:

• Establish residency in Minnesota for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the Minnesota residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

You must live in Minnesota for 180 days prior to filing for divorce. If you are in a same-sex marriage and want to file for divorce, you can file if you got married in the state on or after August 1, 2013 or lived in the state 180 days prior to filing the paperwork or you got married in the state but live in a state that does not dissolve a same-sex marriage.

To prove you are a resident, you are testifying by signing a statement in the paperwork that you lived in the state for 180 days. If you need to provide further proof, in the case of a same-sex marriage, you would need to provide your marriage certificate showing that you were married in Minnesota before August 1, 2013.