Chapter 518 — Marriage Dissolution

518.001 This section has been repealed. 518.0011 Public Policy Statement Sets out Minnesota's public policy on children in divorce cases. The state wants children to have regular contact with … 518.002 Meaning of Divorce Clarifies that wherever Minnesota law uses the word 'divorce,' it means the same thing as 'dissolution' or 'dissolution … 518.003 Definitions Defines key terms used throughout Minnesota's divorce and child support laws (Chapters 518 and 518A), including … 518.005 Rules Governing Proceedings; Formal Requirements; Fee Sets out the basic rules for how divorce, legal separation, and annulment cases work in court, including how papers are … 518.01 Void Marriages Declares which marriages are automatically void (invalid) under Minnesota law, including marriages prohibited by section … 518.02 Voidable Marriages A marriage can be declared void (annulled) if one spouse could not properly consent due to mental incapacity, drugs, or … 518.03 Action to Annul; Decree Explains how to get an annulment in Minnesota. The process follows the same steps as a divorce case, and the same rules … 518.04 Insufficient Grounds for Annulment Limits when a marriage can be annulled. If a person was underage when married but continued living with their spouse … 518.05 Annulment; When to Bring Sets time limits for seeking an annulment in Minnesota. The deadline depends on the reason for the annulment, ranging … 518.055 Putative Spouse Protects a person who lived with someone in the good faith belief they were legally married. A 'putative spouse' has the … 518.06 Dissolution of Marriage; Legal Separation; Grounds; Uncontested Legal Separation Minnesota is a no-fault divorce state. A court will grant a divorce (called 'dissolution of marriage') when it finds the … 518.07 Residence of Parties To file for divorce in Minnesota, at least one spouse must have lived in the state (or been stationed here in the … 518.08 This section has been repealed. 518.09 Proceeding; How and Where Brought; Venue A divorce or legal separation case is started by serving a summons and petition on the other spouse. The case must be … 518.091 Summons; Temporary Restraining Provisions; Notice Regarding Parent Education Program Requirements When a divorce case starts, both spouses are automatically blocked from selling property, harassing each other, or … 518.10 Requisites of Petition Lists the required contents of a divorce or legal separation petition in Minnesota. The petition must include … 518.11 Service; Alternate Service; Publication This law explains how divorce papers must be delivered to the other spouse. Usually the papers must be handed to the … 518.111 This section has been renumbered to 518A.48. 518.12 Time for Answering After being served with divorce papers, the other spouse has 30 days to file an answer. If a counterpetition is filed, … 518.13 Failure to Answer; Findings; Hearing This section explains what happens after divorce papers are served. If the other spouse does not respond, the court can … 518.131 Temporary Orders and Restraining Orders Allows either spouse to request temporary court orders while a divorce, custody, or legal separation case is pending. … 518.135 This section has been repealed. 518.14 Costs and Disbursements; Attorney Fees; Collection Costs Allows the court to order one spouse to pay the other spouse's attorney fees and costs in a divorce or child support … 518.145 Decree, Finality and Reopening A divorce decree is final as soon as the court enters it, though either party can appeal. A party can ask the court to … 518.146 Social Security Numbers; Tax Returns; Identity Protection Protects the privacy of Social Security numbers and tax returns filed in divorce and child support cases. These … 518.147 This section has been repealed. 518.148 Certification of Dissolution After a divorce is granted, the court must prepare a certificate of dissolution -- a simple document that proves the … 518.15 This section has been repealed. 518.155 Custody Determinations A Minnesota court can only make or change custody and parenting time orders if it has jurisdiction under the Uniform … 518.156 Commencement of Custody Proceeding Explains how to start a custody proceeding in Minnesota. Parents can begin by filing a divorce petition, a … 518.157 Parent Education Program in Proceedings Involving Children When parents cannot agree on custody or parenting time, the court will order both parents to attend at least 8 hours of … 518.158 This section has been repealed. 518.16 This section has been repealed. 518.165 Guardians Ad Litem for Minor Children In custody or divorce cases involving children, the court may appoint a guardian ad litem -- an independent person who … 518.166 Interviews In a custody case, the judge may interview the child privately to learn the child's preference about which parent to … 518.167 Investigations and Reports Allows the court to order a custody investigation and report in contested custody cases. The investigator interviews … 518.168 Hearings Sets rules for custody hearings in Minnesota. Custody cases get priority scheduling. The court can close hearings to the … 518.17 Custody and Support of Children on Judgment When parents divorce, the court decides custody based on what is best for the child. The law lists 12 factors the court … 518.1705 Parenting Plans Allows parents in a divorce to create a parenting plan instead of a traditional custody order. The plan must include a … 518.171 This section has been repealed. 518.175 Parenting Time Both parents have a right to spend time with their children after a divorce or separation. The court must set a … 518.1751 Parenting Time Dispute Resolution Creates a system for resolving parenting time disputes without going back to court. A 'parenting time expeditor' is a … 518.1752 Grandparent Visitation Allows grandparents to ask the court for visitation rights with their grandchildren during or after a divorce or legal … 518.176 Judicial Supervision Gives courts the power to supervise custody arrangements. The parent with physical custody normally makes day-to-day … 518.177 Notification Regarding Deprivation of Parental Rights Law Requires every custody, parenting time, or visitation order to include a notice warning parents about the law on … 518.178 Parenting Time and Support Review Hearing Allows either party to request a court hearing to review whether the other parent is following the parenting time and … 518.1781 Six-month Review Creates a six-month review process after a divorce or initial custody order is entered. Either party can request a … 518.179 Participation in Custody or Parenting Time When Person Convicted of Certain Offenses Restricts custody and parenting time for a parent convicted of certain serious crimes, including murder, assault, … 518.18 Modification of Order A parent can ask the court to change a custody order, but usually must wait at least one year after the divorce and two … 518.183 Replacing Certain Orders Allows parents with pre-2001 custody orders to replace them with a modern parenting plan. Both parents can request this, … 518.185 Affidavit Practice Requires a parent who wants a temporary custody order or a change to custody to file a sworn statement (affidavit) … 518.19 This section has been repealed. 518.191 Summary Real Estate Disposition Judgment Requires a summary real estate disposition judgment when a divorce decree divides real property. This shorter document … 518.195 Summary Dissolution Process Creates a simplified, faster divorce process for couples who meet all of these conditions: no minor children, not … 518.20 This section has been repealed. 518.21 This section has been repealed. 518.22 This section has been repealed. 518.23 This section has been repealed. 518.24 This section has been renumbered to 518A.71. 518.25 Remarriage; Revocation If a divorced couple remarries each other, the court can cancel the original divorce decree and related orders upon … 518.255 This section has been renumbered to 518A.47. 518.26 This section has been repealed. 518.27 Name of Party Allows a person to change their name as part of a divorce or legal separation. The court must grant the name change … 518.28 This section has been repealed. 518.29 This section has been repealed. 518.41 This section has been repealed. 518.42 This section has been repealed. 518.43 This section has been repealed. 518.44 This section has been repealed. 518.45 This section has been repealed. 518.46 This section has been repealed. 518.47 This section has been repealed. 518.48 This section has been repealed. 518.49 This section has been repealed. 518.491 This section has been repealed. 518.50 This section has been repealed. 518.51 This section has been repealed. 518.52 This section has been repealed. 518.53 This section has been repealed. 518.54 This section contains definitions that have been renumbered to sections 518A.26 and 518.003. The subdivisions have been … 518.55 This section has been renumbered. Its subdivisions have been relocated to section 518A.27. 518.551 Postsecondary Education Trust Fund Most of this section has been repealed or renumbered to Chapter 518A. The remaining active provision allows parents to … 518.5511 This section has been repealed. 518.5512 This section has been repealed. 518.5513 This section has been renumbered to 518A.46. 518.552 Maintenance After a divorce, one spouse may be ordered to pay spousal maintenance (also called alimony) to the other. The court … 518.553 This section has been renumbered to 518A.69. 518.56 This section has been repealed. 518.561 This section has been repealed. 518.57 This section has been renumbered to 518A.38. 518.575 This section has been renumbered to 518A.74. 518.58 Division of Marital Property In a divorce, the court must divide marital property fairly between the spouses. The court looks at factors like length … 518.581 Surviving Spouse Benefit In a divorce, the court can award all or part of a pension plan's survivor benefit to a former spouse. This means that … 518.582 Procedure for Valuing Pension Benefits or Rights When pension benefits need to be divided in a divorce, the court can appoint an actuary (a financial expert) to … 518.583 This section has been repealed. 518.585 This section has been renumbered to 518A.59. 518.5851 This section has been renumbered to 518A.54. 518.5852 This section has been renumbered to 518A.55. 518.5853 This section has been renumbered to 518A.56. 518.59 This section has been repealed. 518.60 This section has been repealed. 518.61 This section has been renumbered to 518A.63. 518.611 This section has been repealed. 518.6111 This section has been renumbered to 518A.53. 518.612 Independence of Provisions of Decree or Temporary Order Makes clear that child support and parenting time are separate legal obligations. A parent cannot stop paying support … 518.613 This section has been repealed. 518.614 This section has been renumbered to 518A.58. 518.615 This section has been renumbered to 518A.73. 518.616 This section has been renumbered to 518A.64. 518.617 This section has been renumbered to 518A.72. 518.618 This section has been renumbered to 518A.76. 518.619 Custody or Visitation; Mediation Services Establishes mediation services for contested custody and parenting time disputes. A court-appointed mediator tries to … 518.6195 This section has been renumbered to 518A.60. 518.6196 This section has been renumbered to 518A.61. 518.6197 This section has been renumbered to 518A.62. 518.62 Temporary Maintenance Allows the court to award temporary maintenance (spousal support) and temporary child support while a divorce case is … 518.63 Homestead, Occupancy Gives the court power to let one spouse continue living in the family home after the divorce is final, for a period of … 518.64 This section has been renumbered. Its subdivisions have been relocated to section 518A.39, which covers modification of … 518.641 This section has been renumbered. Its subdivisions have been relocated to section 518A.75, which covers cost-of-living … 518.642 This section has been renumbered to 518A.52. 518.645 This section has been repealed. 518.646 This section has been renumbered to 518A.57. 518.65 Property; Sale, Partition Gives the court power to order property sold or divided in order to carry out the property division in a divorce. … 518.66 Power of Court Not Limited Preserves the court's power to order child support and education expenses even when a divorce, legal separation, or … 518.67 This section has been repealed. 518.68 Required Notices Requires every Minnesota divorce or child support order to include specific notices informing both parties of their … 518.7123 This section has been renumbered to 518A.29. 518.7124 This section has been renumbered to 518A.32. 518.7125 This section has been renumbered to 518A.30. 518.713 This section has been renumbered to 518A.34. 518.714 This section has been renumbered to 518A.43. 518.715 This section has been renumbered to 518A.37. 518.716 This section has been renumbered to 518A.77. 518.717 This section has been renumbered to 518A.33. 518.718 This section has been renumbered to 518A.31. 518.719 This section has been renumbered to 518A.41. 518.72 This section has been renumbered to 518A.40. 518.722 This section has been renumbered to 518A.36. 518.724 This section has been renumbered to 518A.42. 518.725 This section has been renumbered to 518A.35. 518.729 This section has been renumbered to 518A.78. 518A.29 Calculation of Gross Income Defines what counts as 'gross income' for calculating child support in Minnesota. This includes wages, salaries, … 518A.30 Income From Self-employment or Operation of a Business Defines how self-employment or business income is calculated for child support purposes. Income equals gross receipts … 518A.31 Social Security or Veterans' Benefit Payments Received on Behalf of the Child Explains how Social Security and veterans benefits paid for a child are handled in child support calculations. These … 518A.32 Potential Income If a parent is voluntarily unemployed or underemployed, the court can calculate child support based on what that parent … 518A.33 Deduction From Income for Nonjoint Children Explains how child support is adjusted when a parent is also responsible for children from another relationship. A … 518A.34 Computation of Child Support Obligations Sets out the step-by-step method for calculating a parent's child support obligation in Minnesota. The court determines … 518A.35 Guideline Used in Child Support Determinations Contains the child support guidelines table used to determine the basic support obligation based on the parents' … 518A.36 Parenting Expense Adjustment Adjusts the basic child support obligation based on how much parenting time each parent has. The more time a parent … 518A.37 Written Findings Requires the court to make written findings in every child support order, whether or not the court deviates from the … 518A.38 Minor Children; Support Governs the court's authority to order child support upon divorce, legal separation, or annulment. Covers seasonal … 518A.40 Child Care Support Requires parents to share work-related or education-related child care costs in proportion to their incomes. The child … 518A.41 Medical Support Establishes detailed rules for medical support (health insurance) in child support cases. It defines key terms, … 518A.42 Ability to Pay; Self-support Adjustment Ensures that a child support order does not reduce the obligor's income below a basic self-support level. If the … 518A.43 Deviations From Child Support Guidelines Lists the reasons a court may set child support higher or lower than the standard guidelines amount. Factors include … 518A.46 Procedures for Child and Medical Support Orders and Parentage Orders in the Expedited Process Creates an expedited (faster) court process for establishing or changing child support and paternity when the government … 518A.47 Provision of Legal Services by the Public Authority Clarifies that attorneys working for the child support enforcement program represent the government, not either parent. … 518A.48 Sufficiency of Notice States that automated child support notices from the public authority are valid when mailed by first-class mail to a … 518A.52 Overpayments Explains what happens when a parent overpays child support due to a modification or error. The overpayment is first … 518A.53 Income Withholding Authorizes automatic withholding of child support and spousal maintenance from the obligor's income, including wages, … 518A.54 Child Support Payment Center; Definitions Defines key terms used in the child support payment center system, including 'central collections unit,' 'local child … 518A.55 Central Collections Unit Creates Minnesota's central collections unit for processing child support payments. All support payments in cases where … 518A.56 Mandatory Payment of Obligations to Central Collections Unit Sets detailed rules for how child support payments must be made through Minnesota's central collections unit. Covers … 518A.57 Notice of Order Allows a verified notice of a court order to be served on an employer or payor instead of the full court order itself. … 518A.58 Escrow Account; Child Support; Maintenance Obligation Allows a parent who is current on support payments to deposit two months of support into an escrow account to delay … 518A.59 This section has been repealed. 518A.60 Collection; Arrears Only Allows the government to continue collecting child support arrears even after a child turns 18. All enforcement tools … 518A.61 Collection; Revenue Recapture Allows the public authority to intercept state tax refunds and other revenue to collect child support arrears, but only … 518A.62 Child Support Debt and Arrearage Management Allows the parties and the public authority to negotiate and settle unpaid child support debts and arrearages, whether … 518A.63 Trustee Gives the court power to appoint a trustee to receive and manage support and maintenance payments. The trustee monitors … 518A.64 Administrative Seek Employment Orders Allows the public authority to ask the court to order an unemployed parent who owes child support to actively look for … 518A.69 Payment Agreements Sets standards for payment agreements to repay child support arrears. The court or public authority must consider the … 518A.71 Security; Sequestration; Contempt Gives the court strong enforcement powers for unpaid support. The court can require the obligor to post security, seize … 518A.72 Contempt Proceedings for Nonpayment of Support Allows the court to hold a parent in contempt for failing to pay child support. The parent must owe at least three … 518A.73 Employer Contempt Holds employers responsible for withholding and remitting child support from an employee's pay. An employer who … 518A.74 Publication of Names of Delinquent Child Support Obligors Allows the state to publicly list the names and identifying information of up to 25 parents per year who owe at least … 518A.76 Case Reviewer Requires the state to provide a case reviewer who can answer questions from parents about the child support collection … 518A.77 Guidelines Review Requires the Department of Children, Youth, and Families to review Minnesota's child support guidelines at least every … 518A.78 Worksheet Requires the commissioner to create and publish an official worksheet for calculating child support, update it each year …