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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. Read the law in MN Statutes § 517.01 with amendments.

Q:  Are there court forms for same sex divorce in Minnesota?

Yes. The courts have revised the divorce forms to make them compatible for same sex couples. If you want to file for a same sex divorce, please download and print the forms that fit your situation. CAUTION: We do not recommend using the I-CAN! document assembly tool for a same sex divorce at this time because it does NOT have all of the revised forms compatible for same sex divorce.

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 where you can download and print forms that fit your situation. We recommend that you talk with a lawyer about your specific situation.

 

 

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