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FAQs on Same Sex Marriage & Divorce

Q:  Is same sex marriage and divorce legal in Minnesota?

Yes, as of August 1, 2013. See MN Statutes § 517.01 as amended.

Q:  Are there Minnesota Court Forms for same sex divorce?

No. The court is in the process of reviewing divorce forms and making the forms compatible for same sex couples.

Q:  Can I change the Minnesota Court Forms to use them for a same sex divorce?

Yes. Court staff cannot tell you exactly what to change, but you may change the forms. You may need to change some terms. See Sample. For other changes, please get legal advice.

Q:  Can I file for divorce in Minnesota if we were married in a different state, and our same sex marriage was legal in that state?

Yes, if you meet the residency requirements under Minnesota law. At least one party to the divorce must be living in Minnesota for at least 180 days before starting the divorce case.

If you do not meet the residency requirements, you may file for divorce in Minnesota if you got married in Minnesota on or after 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. See MN Statutes § 518.07, Subd. 2 as amended.

Q:  The court forms include forms for divorce “with children” and forms for divorce “without children.” Which forms do I use?

For general guidance, see our webpage on Forms to Start a Divorce. We recommend that you talk with a lawyer about your specific situation.



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