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Understanding same-sex divorce in Minnesota


Divorce is a more complicated process than becoming married and is referred to as a dissolution of marriage under Minnesota law. The divorce process can take months and a dissolution of marriage in Minnesota requires one of the spouses to be living in Minnesota at least 180 days prior to the divorce proceedings being filed. The divorce process can vary according to the amount of time and cost it requires based on the unique circumstances of each divorcing couple but it can be helpful for divorcing couples to have an idea of what to expect.

Under Minnesota law, as of August 1, 2013, same-sex couples are able to marry and divorce in Minnesota. If a same-sex couple was married in Minnesota after August 1, 2013, but resides in a state that does not allow same-sex divorce, the couple can file for divorce in Minnesota. For both same-sex partners and others who are divorcing, property division issues and child custody and visitation issues commonly require resolution.

Divorcing couples will need to reach a property settlement and develop a parenting plan which can be done with the help of the family law process which offers different options and resources. Alternative dispute resolution options, such as mediation, may help same-sex couples going through the divorce process and others who are divorcing resolve what can be sometimes complicated and emotional issues.

The family law process is designed to provide options to facilitate resolutions of issues that are important to families when going through a divorce. It is important for any couple going through the divorce process to be familiar with their options to help provide a more smooth divorce process.

Source: Minnesota Judicial Branch, "Divorce/Dissolution," Accessed Feb. 22, 2016

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