Residency Requirement for Divorce

Dear Family Law Attorney:  About two months ago, I moved to Minnesota from Wisconsin.  Can I file for divorce in Minnesota?  Laura from Woodbury, MN

Family Law Attorney:
  No.  The law requires that you reside within the State of Minnesota for at least 180 days (approximately 6 months) before you may file for divorce here.  The principal reason for this is to avoid what lawyers refer to as "forum shopping."  That is, non-residents who are merely "passing through" the state deciding to get divorced here in order to invoke the court system.  Only those people who have lived in Minnesota continuously for 180 days immediately prior to filing may do so.  There is some case law with respect to temporary absences from the state, but the general rule is that you must live here for 180 days.  See our website at
www.gadtke.com or contact one of our attorneys for more information.  

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