Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Divorce & Minnesota Residency

It sometimes transpires that both parties reside in Minnesota and need recourse to the courts for divorce, but are unable to do so because neither party has been here long enough to satisfy the six-month residency requirement for Minnesota to assume jurisdiction under Minn. Stat. §518.07.  In these cases, one solution is to commence an action for legal separation pursuant to Minn. Stat. §518.06, which has no minimum-duration residency requirement.  Through the legal separation action, the parties may proceed with early neutral evaluations and custody evaluations, seek temporary relief, or otherwise generally get started on their case so that they will be in a better position to finalize a divorce once the residency requirement is met.

Eric C. Nelson 




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