Wiliams Divorce & Family Law Logo

CAN WE HELP?Request your free 30 minute consultOR CALL US AT 651-332-7650

  • Home
  • Our Staff
    • Attorney Gerald O. Williams
    • Paralegal Jocelyn Daul
  • Practice Areas
    • Alimony
    • Child Custody
    • Child Support
    • Collaborative Divorce
    • Divorce
    • International Custody
    • Interstate Custody
    • LGBTQIA+ Divorce & Custody
    • Mediation
  • Billing
    • Billing FAQ
    • Flat Fee Divorce
  • Blog
  • Clients
    • Making Payments
  • About Us
    • Contact Us
    • Directions to Williams Divorce and Family Law
    • Resources
    • Privacy Policy

Residence and Venue for Divorce

Posted by Gerald Williams 
· July 1, 2021 
· No Comments

To obtain a marriage dissolution in Minnesota, one or both spouses must reside in Minnesota for at least 180 days. If the residency requirement cannot be met, a legal separation may be done without 180 days residence.

Venue refers to the county where the proceeding takes place. As long as the 180-day residency requirement is met, it does not matter how long one or both spouses has/have resided in a certain county to proceed with the action in that county. So if the parties reside together, or reside in the same county, then the home county is the proper venue for the case.

If the parties reside in separate counties, then the case may proceed in either county. So the petitioning party may commence the action in their own home county, or in the other party’s home county. Once the action is commenced in one county, it is very unlikely to be transferred to a different county. That said, if the case is filed in one county by mistake (i.e., neither party resides in that county), then there is no proper basis for proceeding in the first county, and both courts (the one where the case was mistakenly filed, and the one where the case is properly filed) are likely to cooperate with the correction.

However, if the case is commenced in one county, either by mistake or intentionally, and there is a proper basis for the case to proceed in that county, and then there is an effort to move the case to a different county, the courts are not likely to accommodate the change, especially if one of the parties objects.

No Comments
Categories : Uncategorized
Previous Post →
← Next Post

Leave a Reply Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recent Posts

  • Child Support and Alimony Arrears
  • Spousal Maintenance Payments Are Not Deductible From Taxable Income
  • Interesting Perspective on Divorce, Mediation and Collaborative Law
  • Independence of Provisions for Parenting Time and Child Support
  • Name Change in Divorce

Categories

  • Alimony / Spousal Maintenance (8)
  • Child Custody (42)
  • Child Support (21)
  • Co-parenting (1)
  • Court of Appeals (2)
  • Divorce (45)
  • Financial Issues (2)
  • General Family Law (53)
  • Guardian ad litem (6)
  • Interstate issues (2)
  • LGBTQIA Divorce (5)
  • Mediation (5)
  • Mental Health (3)
  • Parenting Plans (1)
  • Parenting Time (17)
  • Parenting time expeditor (3)
  • Uncategorized (37)
  • Uncontested Divorce (6)
Copyright © 2025 Williams Divorce & Family Law All Rights Reserved. | Privacy Policy

The content of this website is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. To establish an attorney-client relationship with Williams Divorce & Family Law requires a retainer agreement signed by you and attorney Gerald O. Williams.

Minnesota divorce attorney, Gerald O. Williams, represents clients in divorce and family law primarily in the communities of Woodbury, St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater, as well as the greater seven county metro area including Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.