A proceeding for dissolution or legal separation may be brought by either or both spouses and shall be commenced by personal service of the summons and petition venued in the county where either spouse resides. If neither party resides in the state and jurisdiction is based on the domicile of either spouse, the proceeding may be brought in the county where either party is domiciled. If neither party resides or is domiciled in this state and jurisdiction is premised upon one of the parties being a member of the armed services stationed in this state for not less than 180 days immediately preceding the commencement of the proceeding, the proceeding may be brought in the county where the member is stationed. This venue shall be subject to the power of the court to change the place of hearing by consent of the parties, or when it appears to the court that an impartial hearing cannot be had in the county where the proceedings are pending, or when the convenience of the parties or the ends of justice would be promoted by the change. No summons shall be required if a joint petition is filed.
Notes of Decisions
Cited in
12
cases, 1950–2015 · leading case:
State v. Maidi, 520 N.W.2d 414 (Minn. Ct. App. 1994).
State v. Maidi, 520 N.W.2d 414 (Minn. Ct. App. 1994).
· cites it 4× “01(a); see also Minn.Stat. § 518.09 (1990) (dissolution actions are "commenced by personal service of the summons and petition").”
Marriage of Toughill v. Toughill, 609 N.W.2d 634 (Minn. Ct. App. 2000).
· cites it 2× “Minn.Stat. § 518.09 (1998). Respondent moved to her parents’ home in Dakota County before the dissolution proceedings commenced and continued to live there throughout the proceedings, but may have returned to the marital home in Washington County for a night or two.”
Marriage of Krogstad v. Krogstad, 388 N.W.2d 376 (Minn. Ct. App. 1986).
· cites it 2× “Venue in family law cases is governed by Minn.Stat. § 518.09 (1984) which holds venue proper in the county where either spouse resides: This venue shall be subject to the power of the court to change the place of hearing by consent of the parties, or when it appears to the court…”
Marriage of Reed v. Albaaj, 723 N.W.2d 50 (Minn. Ct. App. 2006).
· cites it 2× “Minn.Stat. § 518.09 (2004). Albaaj was personally served with the summons and petition on January 25, 2005.”
Owings v. Brown, 8 Vet. App. 17 (Vet. App. 1995).
“” Minn.Stat.Ann. § 518.09 (West 1995). (Under relevant Minnesota law, the terms “divorce” and “dissolution” or “dissolution of marriage” have the same meaning.”
Boom v. Boom, 367 N.W.2d 536 (Minn. Ct. App. 1985).
· cites it 2× “Minn.Stat. § 518.09. The trial court properly determined that the present statute, not the law of 1970 applied.”
Marriage of Hodges v. Hodges, 415 N.W.2d 62 (Minn. Ct. App. 1987).
· cites it 2× “01 (1986), and subject matter jurisdiction over the modification, Minn.Stat. § 518.09 (1986). Since the parties are both Minnesota residents, venue is properly in Ramsey County where respondent resides.”
Donigan v. Donigan, 53 N.W.2d 635 (Minn. 1952).
“” While it is true that § 518.09 provides that “An action for divorce or separate maintenance may be brought by a wife in her own name,” the remaining part of the section refers to divorce only.”
Buckheim v. Buckheim, 43 N.W.2d 113 (Minn. 1950).
“While it is true that under § 518.09 the trial court may change the place of trial “when it shall appear that an impartial trial cannot be had in the county where the action is pending, or that the convenience of witnesses and ends of justice would be promoted by the change,” we…”
Hanger v. Hanger, 2012 OK CIV APP 26 (Okla. Civ. App. 2011).
“" Minn.Stat. § 518.09. 14 . R., p. 93, 14. 15 .”
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