If you have come to this page, chances are you are thinking about divorce. Whether you have just begun considering the possibility or are on the verge of filing, you probably have questions about Minnesota divorce laws, including grounds for divorce. What are the grounds for a divorce in this state? They are simpler than you might imagine.
Decades ago, nearly every state, including Minnesota, required someone filing for divorce to have fault-based grounds—legal divorce reasons. Prior to 1974, in order to get a divorce in this state, you needed to allege one of the following on the part of your spouse:
However, all of that changed in 1974, with the passage of the Minnesota Divorce Reform Act. Now, anyone can get a no-fault divorce in Minnesota.
These days in Minnesota, the only ground for divorce is an “irretrievable breakdown of the marriage relationship.” In other words, the party seeking the divorce must allege that the marriage has broken down and there is no way to fix it. It is not necessary to say why the marriage has broken down, or to blame the other spouse’s conduct.
The only other legal requirement for a divorce in Minnesota is residency: at least one spouse must have been a resident of the state for at least 180 days before filing a Petition for Dissolution of Marriage. After the petition has been filed, it must be served on the other party (the respondent), giving them a chance to file a response. Two people can also sign a joint petition, if they agree to a divorce, rather than serving the other party. There is no mandatory waiting period for a divorce after filing in Minnesota.
The reasons that no-fault divorce was instituted highlight some of its advantages. No-fault divorce became the law of the state because of the growing recognition that long, hotly-contested divorce proceedings hurt not only the divorcing spouses, but their children. Allegations of fault instantly put the respondent on the defensive, and divorce matters often devolved into increasingly hostile exchanges. By the time the dust settled, any goodwill or positive feelings between the parties was gone.
No-fault divorce recognizes the reality that sometimes, a marriage that once worked is no longer the right thing for either spouse. In order to leave such a marriage, neither spouse should have to allege wrongdoing on the part of the other. Allowing spouses to end a marriage without allegations of fault means that they can preserve, if they wish, a cordial relationship that allows them to move forward in peace and to co-parent their children effectively.
It’s also important to remember that with fault-based divorce, a respondent could raise defenses to allegations of fault and contest the divorce. With no-fault divorce, if one party truly feels that the marriage needs to end, the other spouse has no mechanism to prevent the divorce. That means that no one needs to be trapped in a marriage that no longer works.
In the decades since no-fault divorce became the law in Minnesota, a variety of divorce processes have developed to help couples end their marriages in a more respectful and dignified way than by fighting in court.
In some states with no-fault divorce, it is not necessary to allege fault to get a divorce, but reason for divorce is still relevant to some issues in the divorce. For example, in some states, a spouse who has committed adultery is barred from receiving alimony. That is not the case in Minnesota, however.
Minnesota is a true no-fault divorce state, which means that fault does not affect most aspects of the divorce. For example, Minnesota divorce law specifically says that “the court shall make a just and equitable distribution of the marital property of the parties without regard to marital misconduct.” Similarly, fault is not a factor that courts take into account when determining whether one spouse is entitled to alimony.
Family law attorney Louise Livesay-Al has been helping clients in the Twin Cities area dissolve their marriages as peacefully as possible for over 20 years. If you have questions about Minnesota divorce laws or grounds for divorce, please contact us online to schedule a consultation or call (651) 344-6100. We are available to meet in person or via Zoom, regardless of where you are in Minnesota.
© 2025 The Law Shop Minnesota|View Our Disclaimer|Privacy Policy