Minnesota Statutes
Minn. Stat. § 518.06 (2026)
Dissolution Of Marriage; Legal Separation; Grounds; Uncontested Legal Separation
✓ current as of May 2026
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§
Subdivision 1.Meaning and effect; grounds.
A dissolution of marriage is the termination of the marital relationship between spouses. A decree of dissolution completely terminates the marital status of both parties. A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties. A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship.
A decree of legal separation shall be granted when the court finds that one or both parties need a legal separation.
Defenses to divorce, dissolution and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.
§
Subd. 3.Uncontested legal separation.
If one or both parties petition for a decree of legal separation and neither party contests the granting of the decree nor petitions for a decree of dissolution, the court shall grant a decree of legal separation.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1945–2024 · leading case: Citizens State Bank Norwood Young Am. v. Gordon Brown, 849 N.W.2d 55 (Minn. 2014).
Citizens State Bank Norwood Young Am. v. Gordon Brown, 849 N.W.2d 55 (Minn. 2014). “See Minn. Stat. § 518.06 , subd. 1 (2012) (providing that a dissolution of marriage terminates the marital relationship between spouses).”
Nehme v. Immigr. & Naturalization Serv., 252 F.3d 415 (5th Cir. 2001). “has been accorded the right to reside separate and apart from his or her spouse, or is a party to a decree of divorce from bed and board or its equivalent.”
Christianson v. Henke, 831 N.W.2d 532 (Minn. 2013). “Each is commenced by service of a petition, includes an opportunity for the respondent to answer, and generally involves a hearing and findings made by a *543 court.”
Peterson v. Peterson, 242 N.W.2d 103 (Minn. 1976). “1971, § 518.06, to remove all consideration of fault from grounds for dissolution of the marriage relationship and the amendment’s effect upon statutes dealing with alimony and property distribution.”
Benassi v. Back & Neck Pain Clinic, Inc., 629 N.W.2d 475 (Minn. Ct. App. 2001). “See Minn.Stat. § 518.06, subd. 1 (2000) (stating that “[a] dissolution of a marriage shall be granted * * * when the court finds that there has been an irretrievable breakdown of the marriage relationship”).”
John Doe v. William H. Webster, Dir., Fbi, 606 F.2d 1226 (D.C. Cir. 1979). “§ 30-3-1 (1953) (conviction of felony); Minn.Stat.Ann. § 518.06 (Supp. 1978) (sentence to imprisonment, whether or not served); Kan.”
LeFebvre v. LeFebvre, 232 N.W.2d 786 (Minn. 1975). “1971, § 518.06(8), alleging that “the parties have been continuously separated under an Order providing for separate maintenance for a period of two years immediately preceding the commencement of this action * * In her answer, defendant specifically denied that the parties have…”
Marriage of Gales v. Gales, 553 N.W.2d 416 (Minn. 1996). “Minn. Stat. § 518.06 (1974). In 1978, the legislature also replaced "alimony" with "maintenance" through the enactment of Minn.”
Hagerty v. Hagerty, 281 N.W.2d 386 (Minn. 1979). “1976, § 518.06, subd. 2, expressly permits a finding of irretrievable breakdown upon such evidence.”
Boom v. Boom, 367 N.W.2d 536 (Minn. Ct. App. 1985). “The trial court concluded the November 9, 1970 temporary order should be construed as a legal separation for purposes of identifying marital and non-marital property.”
Marriage of Richter v. Richter, 625 N.W.2d 490 (Minn. Ct. App. 2001). “” Minn.Stat. § 518.06, subd. 1 (2000); see Minn.”
Cooper v. Cooper, 214 N.W.2d 682 (Minn. 1974). “1969, § 518.06(3). While the case was pending and before trial, this statute was amended to *248 substitute the present ground of a course of conduct detrimental to the marriage relationship.”
— Minn. Stat. § 518.06(1) — 1 case
Nehme v. Immigr. & Naturalization Serv., 252 F.3d 415 (5th Cir. 2001). “has been accorded the right to reside separate and apart from his or her spouse, or is a party to a decree of divorce from bed and board or its equivalent.”
— Minn. Stat. § 518.06(3) — 2 cases
Cooper v. Cooper, 214 N.W.2d 682 (Minn. 1974). “1969, § 518.06(3). While the case was pending and before trial, this statute was amended to *248 substitute the present ground of a course of conduct detrimental to the marriage relationship.”
Erickson v. Erickson, 220 N.W.2d 487 (Minn. 1974).
— Minn. Stat. § 518.06(8) — 2 cases
LeFebvre v. LeFebvre, 232 N.W.2d 786 (Minn. 1975). “1971, § 518.06(8), alleging that “the parties have been continuously separated under an Order providing for separate maintenance for a period of two years immediately preceding the commencement of this action * * In her answer, defendant specifically denied that the parties have…”
Wyman v. Wyman, 212 N.W.2d 368 (Minn. 1973).
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