In order to file for divorce in Minnesota, either the petitioner or the respondent or both:
You can get a divorce in Minnesota under a finding of irretrievable breakdown of the marriage. If one of the parties does not believe that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing for divorce and the prospect of reconciliation, and shall make a finding whether the marriage is irretrievably broken.
A finding of irretrievable breakdown is a determination that there is no reasonable prospect of reconciliation. The finding must be supported by evidence that the parties have lived separate and apart for a period of not less than 180 days immediately preceding the commencement of the proceeding, or there is serious marital discord adversely affecting the attitude of one or both of the parties toward the marriage.
The court shall make an equitable division of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property.
The court shall base its findings on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party.
The court shall also consider the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker.
It shall be conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife. The court may also award to either spouse the household goods and furniture of the parties, whether or not acquired during the marriage.
The court shall value marital assets for purposes of division between the parties as of the day of the initially scheduled prehearing settlement conference, unless a different date is agreed upon by the parties, or unless the court makes specific findings that another date of valuation is fair and equitable. If there is a substantial change in value of an asset between the date of valuation and the final distribution, the court may adjust the valuation of that asset as necessary to effect an equitable distribution.
The Minnesota alimony statute lists factors for the family court to consider in deciding a case of spousal maintenance, without regard to marital misconduct, such as adultery and domestic abuse. The factors listed in the statutes are:
Minnesota decides child custody using the "best interests of the child" standard, using all relevant factors to be considered and evaluated by the court including:
The primary caretaker factor may not be used as a presumption in determining the best interests of the child. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.
To determine a parent's basic child support obligation, the court shall:
The court shall also determine the medical support obligation for each parent. Unreimbursed and uninsured medical expenses are not included in the presumptive amount of support owed by a parent.
The age of emancipation in Minnesota occurs when the child turns 18, or when the child turns 20 if still attending high school.