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Residence of the Parties

Quick Facts

Residence and domicile are important in many aspects of family law.
Divorce requires 180 days of residence or domicile.

The residence is the place where a party, in divorce cases meaning one or the other spouse, has established a permanent home from which the person has no present intent to move.

In child custody cases, where each parent resides can be very important to determine many common family law issues. In all cases, residency decides in which courts the filing spouse or parent is permitted to file. Related to residency is domicile.

Residence Requirements to Obtain Divorce in MN

In order to obtain divorce in Minnesota, one of the spouses has to have resided in Minnesota, or been a member of the armed services stationed in Minnesota, for at least 180 days immediately prior to the start of the divorce proceedings.

Alternatively, divorce may be obtained in Minnesota if one of the spouses has been a domiciliary of Minnesota for not less than 180 days immediately prior to start of the proceeding.