518.06 DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; UNCONTESTED LEGAL SEPARATION. Subdivision 1. Meaning and effect; grounds. A dissolution of marriage is the termination of the marital relationship between a husband and wife. A decree of dissolution completely terminates the marital status of both parties. A legal separation is a court determination of the rights and […]
518.07 RESIDENCE OF PARTIES. 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; […]
518.09 PROCEEDING; HOW AND WHERE BROUGHT; VENUE. A proceeding for dissolution or legal separation may be brought by either or both spouses and shall be commenced by personal service of the summons and petition venued in the county where either spouse resides. If neither party resides in the state and jurisdiction is based on the […]
518.091 SUMMONS; TEMPORARY RESTRAINING PROVISIONS; NOTICE REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS. Subdivision 1. Temporary restraining orders. (a) Every summons must include the notice in this subdivision. NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE RESOLUTION PROVISIONS UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, UNLESS THEY […]
518.10 REQUISITES OF PETITION. 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 […]
518.11 SERVICE; ALTERNATE SERVICE; PUBLICATION. (a) Unless a proceeding is brought by both parties, copies of the summons and petition shall be served on the respondent personally. (b) When service is made out of this state and within the United States, it may be proved by the affidavit of the person making the same. When […]
518.12 TIME FOR ANSWERING. The respondent shall have 30 days in which to answer the petition. In case of service by publication, the 30 days shall not begin to run until the expiration of the period allowed for publication. In the case of a counterpetition for dissolution or legal separation to a petition for dissolution […]
518.13 FAILURE TO ANSWER; FINDINGS; HEARING. Subdivision 1. Default. If the respondent does not appear after service duly made and proved, the court may hear and determine the proceeding as a default matter. Subd. 2. Dispute over irretrievable breakdown. If one of the parties has denied under oath or affirmation that the marriage is irretrievably […]
518.131 TEMPORARY ORDERS AND RESTRAINING ORDERS. Subdivision 1. Permissible orders. In a proceeding brought for custody, dissolution, or legal separation, or for disposition of property, maintenance, or child support following the dissolution of a marriage, either party may, by motion, request from the court and the court may grant a temporary order pending the final […]
518.14 COSTS AND DISBURSEMENTS; ATTORNEY FEES; COLLECTION COSTS. Subdivision 1. General. Except as provided in section 518A.735, in a proceeding under this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements in an amount necessary to enable a party to carry on or contest the proceeding, provided it finds: (1) that […]
518.145 DECREE, FINALITY AND REOPENING. 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 […]
518.146 SOCIAL SECURITY NUMBERS; TAX RETURNS; IDENTITY PROTECTION. The Social Security numbers and tax returns required under this chapter and chapter 518A are not accessible to the public, except that they must be disclosed to the other parties to a proceeding as provided in section 518A.28. History: 1999 c 227 s 20; 2005 c 164 […]
518.148 CERTIFICATION OF DISSOLUTION. Subdivision 1. Certificate of dissolution. (a) The court must prepare a separate certificate of dissolution to be attached to the judgment and decree at the time of granting the dissolution of marriage. Upon approval by the court and filing of the certificate of dissolution with the court administrator, the court administrator […]
518.155 CUSTODY DETERMINATIONS. Notwithstanding any law to the contrary, a court in which a proceeding for dissolution, legal separation, or child custody has been commenced shall not issue, revise, modify or amend any order, pursuant to sections 518.131, 518.165, 518.168, 518.17, 518.175 or 518.18, which affects the custody of a minor child or the parenting […]
518.156 COMMENCEMENT OF CUSTODY PROCEEDING. Subdivision 1. Procedure. In a court of this state which has jurisdiction to decide child custody matters, a child custody proceeding is commenced by one or both parents: (1) by filing a petition or a joint petition for dissolution or a petition or a joint petition for legal separation in […]
518.157 PARENT EDUCATION PROGRAM IN PROCEEDINGS INVOLVING CHILDREN. Subdivision 1. Implementation; administration. (a) By January 1, 1998, the chief judge of each judicial district or a designee shall implement one or more parent education programs within the judicial district for the purpose of educating parents about the impact that divorce, the restructuring of families, and […]
518.165 GUARDIANS AD LITEM FOR MINOR CHILDREN. Subdivision 1. Permissive appointment of guardian ad litem. In all proceedings for child custody or for dissolution or legal separation where custody or parenting time with a minor child is in issue, the court may appoint a guardian ad litem to represent the interests of the child. The […]
518.166 INTERVIEWS. The court may interview the child in chambers to ascertain the child’s reasonable preference as to custodian, if the court deems the child to be of sufficient age to express preference. The court shall permit counsel to be present at the interview and shall permit counsel to propound reasonable questions to the child […]
518.167 INVESTIGATIONS AND REPORTS. Subdivision 1. Court order. In contested custody proceedings, and in other custody proceedings if a parent or the child’s custodian requests, the court may order an investigation and report concerning custodial arrangements for the child. If the county elects to conduct an investigation, the county may charge a fee. The investigation […]
518.168 HEARINGS. (a) Custody proceedings shall receive priority in being set for hearing. (b) The court may tax as costs the payment of necessary travel and other expenses incurred by a person whose presence at the hearing the court deems necessary to determine the best interests of the child. (c) The court without a jury […]
