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Divorce and non-citizens

Whether you are not a US citizen and you want to understand your rights and options with respect to getting divorced or your spouse is a foreign national and you wish to bring the marriage to an end, it is important to review various legal issues related to the divorce process.

Unfortunately, some people stay in toxic marriages because they do not understand their options or they have misconceptions with respect to the divorce process due to their citizenship or immigration status.

Can non-citizens file for a divorce in Minnesota?

On their website, the Minnesota Judicial Branch covers a number of topics related to the divorce process. Minnesota does not have a citizenship requirement with respect to divorce, so you can file for a divorce if you are not a US citizen or you wish to end your marriage to a foreign national. However, one of the parties must have lived in Minnesota for no less than 180 days (or retained Minnesota residency while abroad due to military service).

What are some issues to consider regarding divorce and foreign nationals?

There are many factors you need to review if you are ending your marriage and you do not have US citizenship or your spouse is a foreign national. For example, property division, child custody and child support are sometimes especially challenging issues for couples in this position.

Understand relevant laws and try to prepare for the impact of custody and how the court divides property. If possible, try to stay on good terms with your ex and avoid hostility as you navigate through your divorce.