Divorce Residency Requirements in Minnesota

Last reviewed November 3, 2026

The divorce residency requirements in Minnesota determine whether a Minnesota court may grant a dissolution at all. Under Minn. Stat. § 518.07, at least one spouse must have lived in, or been stationed or domiciled in, Minnesota for 180 days before the case begins. This page explains that rule, the exception for certain nonresidents, where a case must be filed, and the separate rules for custody and support. It is part of the site’s guide to divorce in Minnesota.

The 180-Day Rule

A Minnesota court may not grant a dissolution unless one spouse meets one of the following tests for at least 180 days immediately before the proceeding begins (§ 518.07, subd. 1):

• the spouse has resided in Minnesota;
• the spouse has been a member of the armed services stationed in Minnesota; or
• the spouse has been domiciled in Minnesota.

Only one spouse must qualify. The other spouse may live in another state or country.

Residence and Domicile

The statute defines “residence” as the place where a party has established a permanent home, with no present intention of moving (Minn. Stat. § 518.003, subd. 9). Domicile is a related concept. It refers to a person’s true, fixed home, to which the person intends to return even when temporarily away. Thus, a Minnesotan working out of state for a period may still be domiciled here.

When the 180 Days Is Measured

The period runs up to the “commencement of the proceeding.” In Minnesota, a dissolution case generally begins with personal service of the summons and petition, or with the filing of a joint petition (Minn. Stat. § 518.09). The petition must state the facts showing that the requirement is met (Minn. Stat. § 518.10, subd. 1(d)).

An Exception for Certain Nonresidents

A narrow exception applies when neither spouse lives in Minnesota. A Minnesota court has jurisdiction over the dissolution if (§ 518.07, subd. 2):

1. the marriage was performed in Minnesota; and
2. neither spouse lives in a jurisdiction that will grant the divorce because of the spouses’ sex or sexual orientation.

The law presumes that a jurisdiction that does not recognize the marriage will not dissolve it. Such a case is decided under Minnesota law.

Where to File

Residency decides whether Minnesota courts may hear a case. Venue decides which county. A dissolution or legal separation must be venued in the county where either spouse lives (§ 518.09). Special rules apply as follows:

• if neither spouse lives in Minnesota and jurisdiction rests on domicile, the case is filed where either spouse is domiciled; and
• if jurisdiction rests on military service, the case is filed in the county where the service member is stationed.

The court may move the case to another county by agreement, for an impartial hearing, or for convenience and justice.

Legal Separation Has No 180-Day Rule

Section 518.07 refers only to dissolution. A legal separation is therefore sometimes used by spouses who have recently moved to Minnesota. However, the court must still have authority over the people, property, and children involved.

Custody Has Separate Jurisdiction Rules

Meeting the divorce residency rule does not automatically give a Minnesota court authority over custody. Custody jurisdiction is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, Minn. Stat. ch. 518D. Generally, Minnesota may decide custody if it is the child’s “home state.” A child’s home state is generally the state where the child lived with a parent for at least six consecutive months immediately before the case began (§ 518D.102; § 518D.201).

As a result, a court may have authority to end a marriage but not to decide custody of a child who recently moved from another state. The site’s page on moving with a child covers related relocation issues.

Property and Support Need Personal Jurisdiction

To order a spouse to pay support or maintenance, or to divide some property, a court generally needs personal jurisdiction over that spouse. A spouse who lives elsewhere and has little connection with Minnesota may challenge that jurisdiction. In such cases, a Minnesota court may still dissolve the marriage. Once a court later acquires jurisdiction over the absent spouse, it may divide property and decide maintenance in a follow-up proceeding (Minn. Stat. § 518.58, subd. 1; § 518.552, subd. 1). Support involving another state is governed by the Uniform Interstate Family Support Act, chapter 518C.

Practical Considerations

1. Count the days carefully. A petition filed too early may be dismissed, which adds cost and delay. See filing fees and court costs.
2. Keep proof of residence. A lease, driver’s license, voter registration, and utility bills all help.
3. Check custody jurisdiction separately. Note where the children have lived for the past six months.
4. Consider timing. When spouses live in different states, the first proper filing can affect which state’s court hears the case.