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    Is There a Mandatory Waiting Period to Obtain a Minnesota Divorce?
    Minnesota has no requirement for a waiting period or mandatory separation period before seeking a divorce. However, in order to commence a divorce in Minnesota, one or the other spouse must be a resident or domiciliary of Minnesota for 6 months immediately preceding commencement of the divorce. [1]

    This can be problematic if a party needs to commence a divorce in Minnesota immediately, but neither party has yet been residing here for the requisite six-month period. In such cases, one should seriously consider a legal separation, which has no length-of-residency requirement, and which can afford much of the relief afforded by divorce, such as determinations of property possession, custody, parenting time, child support, and spousal maintenance. [2] Later, after the six-month residence requirement is satisfied, the case can be converted to one for divorce.


    Footnotes:
    1.
    Minnesota Statute section 518.07
    2. See
    Minnesota Statute section 518.06, Subdivision 1.