Legal Question in Family Law in Minnesota
Out of State Divorce
I am seeking a divorce from my husband whom I nevered lived with since we got married Dec. 2003. He lives in another State which he is not a resident of. I am a resident of Tennessee but have lived in Minnesota for 9 months because of my job. Will I be able to file for divorce in Minnesota, or does it have to be Tennessee?
1 Answer from Attorneys
Re: Out of State Divorce
You can file for divorce in Minnesota if either you or your spouse has been a resident or domiciliary of Minnesota for the 180 days immediately preceding the date on which you serve the divorce papers on the other party.
To be a domiciliary or resident of Minnesota, you need to have established a fixed home in Minnesota from which you have no present intention of moving. You can have a residence in more than one state, for divorce jurisdiction purposes, so long as the requisite intention of maintaining a permanent home here is present. If you are only here on a temporary basis and intend to return to Tennessee, then Minnesota courts would not have jurisdiction.