Know Your Rights: Divorce in Minnesota

If you are going through a divorce in Minnesota, you have legal rights. The law calls divorce “dissolution of marriage.” You do not need a lawyer, but knowing your rights will help you protect yourself and your family.

Your Rights

1. You do not have to prove your spouse did anything wrong. Minnesota is a “no-fault” divorce state. You only need to show that your marriage is “irretrievably broken,” meaning it cannot be fixed. You do not need to prove cheating, abuse, or anything else. See Minn. Stat. § 518.06 .

2. A temporary restraining order protects your property automatically. When a divorce is filed, both sides are immediately barred from hiding, selling, or wasting marital property. Neither spouse may cancel insurance or take on unusual debt. This protection starts automatically. See Minn. Stat. § 518.091 .

3. You can ask for a fee waiver if you cannot afford filing fees. If you have a low income, you have the right to ask the court to waive your filing fee. You fill out a short form called an IFP (In Forma Pauperis) petition.

4. Property is divided fairly, but not always 50/50. The court divides marital property in a way that is “just and equitable.” The judge looks at factors like the length of the marriage, each spouse’s income, and each spouse’s contributions. See Minn. Stat. § 518.58 .

5. You have 30 days to respond if you are served. If your spouse files for divorce and serves you with papers, you have 30 days to file your answer with the court. If you do not respond, the court may decide your case without your input. See Minn. Stat. § 518.12 .

6. You can ask for spousal maintenance (alimony). If you need financial support, you can ask the court to order your spouse to pay maintenance. The judge looks at your needs, your spouse’s ability to pay, and the length of the marriage. See Minn. Stat. § 518.552 .

7. Custody is based on the best interests of the child. The court decides custody by looking at what is best for your children, not what either parent wants. The judge considers each parent’s relationship with the child, the child’s needs, and each parent’s ability to provide care. See Minn. Stat. § 518.17 .

8. You can ask the court to change orders later. If your circumstances change significantly after the divorce, you can ask the court to modify custody, support, or maintenance orders.

What to Do

• Gather your financial records. Collect bank statements, tax returns, pay stubs, and mortgage documents before you start.
• Make copies of important documents. Keep copies of everything in a safe place your spouse cannot access.
• Do not hide or waste assets. Moving money, running up debt, or hiding property can hurt your case and lead to penalties.
• Keep a record of parenting time. If you have children, write down who cares for them, when, and where.
• Do not talk about your case on social media. What you post online can be used against you in court.
• Contact legal aid if you cannot afford a lawyer. Free legal help is available for Minnesotans with low incomes.

Important Deadlines

Deadline	What It Means
30 days	You must file your answer after being served with divorce papers
At filing	Temporary restraining order on assets takes effect automatically
Before final hearing	All financial disclosures must be exchanged with the other side
1 year	You can ask to modify maintenance or support if circumstances change significantly

Get Help

For more detail: See our full guides on these topics:

Getting Divorced in Minnesota

A plain-language guide to the divorce process in Minnesota. Learn the steps, costs, timelines, and where to get help with your divorce.

Child Custody in Minnesota

A plain-language guide to child custody in Minnesota. Learn about legal and physical custody, how courts decide, and how to file for custody.

Child Support in Minnesota

A plain-language guide to child support in Minnesota. Learn how support is calculated, how to file, and how to modify or enforce a child support order.