Terzich & Ort, LLP
Make Your Consultation Appointment Today.
763-391-7354
View Our Practice Areas

Same-sex couples divorce law and procedures in Minnesota


With much of the nation still up in arms over the issue of same-sex divorce, Minnesota, in comparison, has been settled on this issue for years now. Some are not aware that same-sex marriage has been legal in MN prior to the Supreme Court's decision earlier this year determining that barring same-sex marriage is unconstitutional. However, Minnesota does allow same-sex couples a divorce or dissolution of marriage under state law. There are certain laws that need to be met in order to qualify for a same-sex divorce in MN.

The requirements for same-sex couples to divorce are not much different from traditionally married spouses. At least one of the spouses needs to be living in Minnesota for 180 days in order to begin filing for divorce.

A couple may also file if they were married in Minnesota on or before August 1, 2013 and each party to the marriage now lives in a state that does not allow the dissolution of the parties' same sex marriage. This helps same-sex couples that are unable to be granted a divorce in other states.

As mentioned above, some states do not currently recognize same-sex marriage or divorce. Happily, Minnesota is not one of those states. Dissolution of marriage is available to both same-sex couples and opposite-sex spouses. Legal issues may exist for same-sex couples residing in other states, which is a shame. However, there shouldn't be too many unforeseen barriers for same-sex couples somehow connected to the state of Minnesota.

For those thinking of divorce, the ability to legally make this happen should be the last concern. Often property division, child custody and other big life changes will likely accompany this change. Same-sex couples may need to weed through these issues in the same way heterosexual couples do. There is much to be determined once divorce is the option on the table.


Source: mncourts.gov, "Divorce/Dissolution," Accessed Nov. 1, 2015

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • The National Top 40 Under 40 Trial Lawyers
  • Minnesota's Best Lawyers 2016
  • Top 50 Woman Attorneys In Minnesota 2016
  • Avvo Rating 10.0 Superb Top Attorney Family
Email us for A response

How Can We Help You?

Use our Dissolution strategy worksheet to prepare for your first meeting.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

11284 86th Ave
Maple Grove, MN 55369

Phone: 763-391-7354
Fax: 763-391-7589
Maple Grove Law Office Map