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Divorce in Minnesota
- Divorce is dissolution.
- Divorce is irrevocable.
- Minnesota is a no-fault divorce state, and there are no longer defenses to divorce.
Dissolution & Legal Separation
A dissolution of marriage (divorce) is the termination of the marriage between a husband and wife. A decree of dissolution completely and irrevocably terminates the marriage.
A legal separation is a court's determination of the rights and responsibilities of a husband and wife arising out of the marriage. Legal separation does not terminate the marital status of the spouses.
A dissolution of a marriage is granted by a court when the court finds that there has been an irretrievable breakdown of the marriage relationship.
A decree of legal separation is granted when the court finds that one or both parties need a legal separation.
Defenses to Divorce
There are no longer any defenses to divorce. In the past, one spouse had to prove that the other had acted in a way that made the marriage no longer viable. Now, divorce is no fault, and neither spouse need prove the divorce is necessary, but neither spouse can prevent the divorce either.