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Ending a Marriage in Minnesota

Sept. 21, 2020

Divorce - “Divorce” or “Dissolution of Marriage”, is the process through which a marriage is dissolved in Minnesota. In Minnesota, we have a “no-fault” divorce where it does not matter, and the court does not consider why one of the parties is seeking to end the marriage. If one spouse says the marriage relationship is “irretrievably broken” there are grounds.

Legal Separation - A legal separation is a court process wherein the marital assets are provisionally divided and the marital liabilities may be provisionally apportioned. A legal separation is not a divorce and is not obtained by simply living apart. Many of the elements of divorce are present in a legal separation; however, it is not necessary for the marriage relationship to be irretrievably broken.

Annulment - In Minnesota family court, an annulment is reserved for void or invalid marriages. These are intentionally quite rare.

Common-Law Marriage - Minnesota does not have either Palimony or Common Law Marriage. It may recognize those marriages and rights created in other states or nations. Palimony is where people live together for a long period of time and as a result obtain some kind of rights in the property of their cohabiting partner. Common-law marriage is the idea that people who have not gone through the marriage ceremony, but by living together and holding themselves out to be married, are considered by law to be married.

Again, Minnesota does not have either of these. But, other nearby states do.