§ 518.07 — Residence of Parties
Plain-Language Summary
To file for divorce in Minnesota, at least one spouse must have lived in the state (or been stationed here in the military) for at least 180 days before filing. If a same-sex couple was married in Minnesota but now lives in a state that will not grant them a divorce, they can file in Minnesota even if neither lives here.
518.07 RESIDENCE OF PARTIES.
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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 the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding. §
Subd. 2.Action for dissolution by certain nonresidents.
(a) If neither party to the civil marriage is a resident of this state at the commencement of the proceeding, a court of this state has jurisdiction over the dissolution if:
(1) the civil marriage was performed in this state; and
(2) neither party to the civil marriage resides in a jurisdiction that will maintain an action for dissolution by the parties because of the sex or sexual orientation of the spouses.
(b) There is a rebuttable presumption that a jurisdiction will not maintain an action for dissolution if the jurisdiction does not recognize the civil marriage.
(c) An action for dissolution authorized by this subdivision must be adjudicated in accordance with the laws of this state.
History:
(8586) RL s 3575; 1974 c 107 s 5; 1978 c 772 s 24; 1979 c 259 s 6; 2013 c 74 s 8
History: History: (8586) RL s 3575; 1974 c 107 s 5; 1978 c 772 s 24; 1979 c 259 s 6; 2013 c 74 s 8