Minnesota Divorce and Family Law Terms

Last reviewed November 3, 2026

Minnesota divorce and family law uses many terms that have precise legal meanings, and several differ from the words people use in everyday conversation. This glossary defines the terms most often encountered in a Minnesota family case, with links to the governing statutes and to the site’s articles. It complements the topic guides for divorce, custody and parenting, child support, and court and ADR processes.

All definitions reflect Minnesota law. Where a term is defined by statute, the statute controls.

Terms A–C

Alimony. The common name for what Minnesota law calls spousal maintenance.

Alternative dispute resolution (ADR). Processes other than trial for resolving disputes, such as mediation and early neutral evaluation. Most family matters are subject to ADR under Minn. Gen. R. Prac. 310, with exceptions for domestic abuse and certain other proceedings.

Annulment. A court declaration that a marriage was invalid from the beginning because of a defect that existed when it was entered, under Minn. Stat. §§ 518.02 to 518.05. See Annulment in Minnesota.

Appeal. A request that a higher court, usually the Minnesota Court of Appeals, review a district court decision for legal error. See Appeal a Family Court Decision.

Best interests of the child. The standard for custody and parenting-time decisions. The court weighs the factors listed in Minn. Stat. § 518.17, subd. 1.

Child support. Court-ordered support for a child, made up of three components under Minn. Stat. § 518A.34: basic support, child care support, and medical support.

CHIPS. A juvenile court case alleging that a child is in need of protection or services, brought by a county under Minn. Stat. ch. 260C.

Custody evaluation. A court-ordered investigation and report on custody arrangements under Minn. Stat. § 518.167. See Custody Evaluation.

Custody, joint. Shared custody. Joint legal custody gives both parents equal rights in major decisions about the child. Joint physical custody structures the child’s routine daily care and residence between the parents (Minn. Stat. § 518.003, subd. 3).

Custody, legal. The right to determine a child’s upbringing, including education, health care, and religious training.

Custody, physical. The routine daily care and control and the residence of the child. It is related to, but distinct from, parenting time.

Custody modification. A change to an existing custody order under Minn. Stat. § 518.18, which usually requires proof of endangerment. See Child Custody Modification.

Terms D–F

De facto custodian. A person, often a grandparent, who has been a child’s primary caretaker without a parent present for a statutory period. That gives the person standing to seek custody (Minn. Stat. § 257C.01, subd. 2). See Grandparent Custody.

Default. A judgment entered when a party fails to respond to a petition or appear as required.

Dissolution. The legal term for divorce, meaning the termination of a valid marriage (Minn. Stat. § 518.06). Minnesota is a no-fault state, so the only ground is an irretrievable breakdown of the marriage.

Early neutral evaluation (ENE). An ADR process in which experienced neutrals assess the likely outcome to promote settlement. A social ENE (SENE) addresses custody and parenting time. A financial ENE (FENE) addresses support and property. See Early Neutral Evaluation.

Endangerment. The usual standard for modifying custody: the child’s present environment endangers the child’s physical or emotional health or emotional development.

Ex parte. Describes an order issued after hearing from only one side, typically in an emergency. A prompt hearing must follow. See Emergency and Ex Parte Custody Orders.

Fee waiver (in forma pauperis). Permission to proceed without paying court fees, available to a person unable to pay under Minn. Stat. § 563.01.

Terms G–L

Grandparent visitation. Court-ordered time between a grandparent and grandchild, available only in limited circumstances under Minn. Stat. § 257C.08. See Grandparent Visitation.

Guardian ad litem (GAL). A person appointed by the court to advocate for a child’s best interests under Minn. Stat. § 518.165. A GAL is not the attorney for either parent. See Guardian ad Litem.

Harassment restraining order (HRO). A civil order prohibiting harassment or contact, available regardless of the parties’ relationship under Minn. Stat. § 609.748. See Harassment Restraining Order.

Initial Case Management Conference (ICMC). An early, brief court appearance at which the judge addresses ADR and scheduling. See ICMC.

Judgment and Decree. The final court document that ends a divorce and sets out the terms of custody, support, maintenance, and property division.

Legal separation. A court proceeding that resolves custody, support, maintenance, and property but does not end the marriage (Minn. Stat. § 518.06).

Terms M–O

Marital property. Property acquired by either spouse during the marriage and before the valuation date, regardless of title, unless it is nonmarital (Minn. Stat. § 518.003, subd. 3b).

Mediation. An ADR process in which a neutral helps the parties reach their own agreement. The mediator cannot impose a decision. See Mediation.

Motion. A formal written request asking the court to issue an order. Family motions follow the deadlines in Minn. Gen. R. Prac. 303. See Motion Hearing.

Nonmarital property. Property acquired before the marriage, by gift or inheritance from a third party, in exchange for nonmarital property, after the valuation date, or excluded by a valid antenuptial agreement. The spouse claiming it must trace it.

Order for protection (OFP). A civil order under Minn. Stat. § 518B.01 protecting a family or household member from domestic abuse. It may also address custody, parenting time, the residence, and support.

Terms P–R

Parentage. The legal determination of a child’s parents, under the Minnesota Parentage Act. A parentage case may be started by a parent, the child, or the county.

Parenting consultant. A neutral agreed on by the parents, with authority defined by their agreement and incorporated into a court order, to help resolve ongoing parenting disputes (Rule 310.03(c)).

Parenting plan. A written plan setting out each parent’s schedule and decision-making responsibilities. It may be used in place of traditional custody labels (Minn. Stat. § 518.1705).

Parenting time. The time a parent spends with a child, which replaced the older term “visitation.” It is commonly measured in overnights, which also affect child support.

Parenting time expeditor (PTE). A neutral appointed under Minn. Stat. § 518.1751 to resolve parenting-time disputes. If the parents cannot agree, the expeditor’s decision is binding unless the court modifies or vacates it.

Petition. The document that starts a divorce, custody, or other family case, stating the facts and the relief requested. It is served with a summons.

PICS. Parental income for determining child support: each parent’s gross income, minus any deduction for other children the parent supports. The parents’ combined PICS determines the guideline amount. See the child support worked example.

Prenuptial (antenuptial) agreement. A contract made before marriage that addresses property and other rights on divorce or death, under Minn. Stat. § 519.11. See Antenuptial and Postnuptial Agreements.

Pretrial conference. Usually the last court appearance before trial, held to narrow issues and attempt settlement. See Pre-Trial.

QDRO. A qualified domestic relations order, directing an employer retirement plan to pay a share of benefits to a former spouse. See Retirement Accounts and Divorce.

Recognition of Parentage. A signed, sworn document by which a child’s biological parents establish parentage without a court case (Minn. Stat. § 257.75).

Review hearing. A court date to monitor a case’s progress. It also refers to the six-month review hearing on support and parenting-time compliance. See Review Hearing.

Terms S–Z

Service of process. The formal delivery of the summons and petition to the other party, which gives the court authority to proceed.

Spousal maintenance. Payments from one spouse to the other for support after a divorce or legal separation (Minn. Stat. § 518.552). Since the 2024 reforms, awards are described as transitional or indefinite. See Minnesota Spousal Maintenance.

Summary dissolution. A simplified divorce process for short marriages with no children and limited assets and debts (Minn. Stat. § 518.195).

Temporary order. An order in effect while a case is pending, addressing matters such as custody, support, and use of the home (Minn. Stat. § 518.131).

Third-party custody. Custody sought by someone other than a parent, such as a grandparent, under Minn. Stat. ch. 257C.

Valuation date. The date on which marital assets are valued for division, generally the initially scheduled prehearing settlement conference (Minn. Stat. § 518.58, subd. 1).