In order to obtain a divorce from a Minnesota court, you must satisfy the Minnesota residency requirement. Each state has a different residency requirement. In Minnesota, you must reside in Minnesota for a minimum of 180 days immediately preceding the commencement of the proceeding. This is equivalent to approximately six (6) months.
It is important to note that only one of the parties needs to satisfy the 180-day requirement in order to file for divorce in Minnesota. In other words, if you meet the residency requirement but your spouse does not, that will not prevent you from filing for divorce in Minnesota.
Another thing to keep in mind is that, although you may satisfy the residency requirement for a Minnesota divorce, this may not grant Minnesota courts jurisdiction over a child custody determination. Child custody jurisdiction is determined by the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). Under this act, child custody jurisdiction is generally determined based on the “home state” of the child, which is where the child has resided for the six (6) month period immediately preceding the commencement of the proceeding. Read more about the UCCJEA here.
If you have any questions about whether or not you can be divorced in Minnesota, please call me today at 651-647-0087 or reach out via our online contact form to set up your free consultation.