Legal Separation in Minnesota: How It Works Under 518.06 (2026)

Subdivision 1. Meaning and effect; grounds. A dissolution of marriage is the termination of the marital relationship between spouses. A decree of dissolution completely terminates the marital status of both parties. A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties. A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship. A decree of legal separation shall be granted when the court finds that one or both parties need a legal separation. Defenses to divorce, dissolution and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished. Subd. 2. [Repealed, 1978 c 772 s 63] Subd. 3. Uncontested legal separation.

Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at revisor.mn.gov

Also relied on in: Minnesota Divorce Laws (2026): Grounds, Residency, and Process

Subdivision 1. Petition. The petition for dissolution of marriage or legal separation shall state and allege: (a) the name and address of the petitioner and any prior or other name used by the petitioner; (b) the name and, if known, the address of the respondent and any prior or other name used by the respondent and known to the petitioner; (c) the place and date of the marriage of the parties; (d) in the case of a petition for dissolution, that either the petitioner or the respondent or both: (1) has resided in this state for not less than 180 days immediately preceding the commencement of the proceeding, or (2) has been a member of the armed services and has been stationed in this state for not less than 180 days immediately preceding the commencement of the proceeding, or (3) has been a domiciliary of this state for not less than 180 days immediately preceding the commencement of the proceeding; (e) the name at the time of the petition and any prior or other name, Social Security number, age, and date of birth of each living minor or dependent child of the parties born before the marriage or born or adopted during the marriage and a reference to, and the expected date of birth…

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov

Subdivision 1. General. Except as provided in subdivision 2, no dissolution shall be granted unless: (1) one of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or (2) one of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding. Subd. 2. Action for dissolution by certain nonresidents. (a) If neither party to the civil marriage is a resident of this state at the commencement of the proceeding, a court of this state has jurisdiction over the dissolution if: (1) the civil marriage was performed in this state; and (2) neither party to the civil marriage resides in a jurisdiction that will maintain an action for dissolution by the parties because of the sex or sexual orientation of the spouses. (b) There is a rebuttable presumption that a jurisdiction will not maintain an action for dissolution if the jurisdiction does not recognize the civil marriage.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov

Subdivision 1. Grounds. In a proceeding for dissolution of marriage or legal separation, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse and which has since acquired jurisdiction, the court may grant a maintenance order for either spouse if it finds that the spouse seeking maintenance: (a) lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education; (b) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances; or (c) is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. Subd. 2. Amount of maintenance.

Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at revisor.mn.gov

Also relied on in: Minnesota Spousal Maintenance (Alimony) Laws: The 2024 Reform (2026), Common Law Marriage in Minnesota: Is It Recognized? (2026)

Subdivision 1. Appeal. A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. When entered, the findings of fact and conclusions of law may constitute the judgment and decree. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree which dissolves the marriage beyond the time for appealing from that provision. A party may remarry before the time for appeal has run if it is not contested that the marriage is irretrievably broken or if a stipulation that the marriage is irretrievably broken is incorporated in the decree of dissolution. Subd. 2. Reopening.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov

Subdivision 1. Scope. For the purposes of this chapter and chapter 518A, the following terms have the meanings provided in this section unless the context clearly requires otherwise. Subd. 2. [Renumbered subd 9] Subd. 3. Custody. Unless otherwise agreed by the parties: (a) "Legal custody" means the right to determine the child's upbringing, including education, health care, and religious training. (b) "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training. (c) "Physical custody and residence" means the routine daily care and control and the residence of the child. (d) "Joint physical custody" means that the routine daily care and control and the residence of the child is structured between the parties. (e) Wherever used in this chapter, the term "custodial parent" or "custodian" means the person who has the physical custody of the child at any particular time.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov

Also relied on in: Minnesota Prenuptial Agreement Laws: 2024 Rules and Requirements