About Marriage Law in Minnesota, United States
Marriage law in Minnesota establishes the legal requirements for entering into a marriage, the rights and responsibilities of spouses, and the rules for dissolving a marriage. Minnesota recognizes both civil and religious ceremonies, and couples must meet specific eligibility criteria to have their marriage legally recognized. The law also covers issues like marital property, rights of spouses, and annulment or divorce. Whether you are planning to get married, are already married, or facing marital disputes, understanding Minnesota's marriage laws is essential to protect your interests and ensure compliance with state requirements.
Why You May Need a Lawyer
Although getting married in Minnesota is a straightforward legal process for most couples, there are situations where legal help from an attorney can be crucial. Common scenarios include:
- Drafting or reviewing prenuptial or postnuptial agreements
- Navigating complex marital property or asset division
- Addressing legal issues regarding prior marriages or divorces
- Seeking annulment and understanding eligibility criteria
- Managing name changes and legal documentation
- Handling immigration issues related to marriage
- Understanding spousal rights in the event of incapacity or death
- Resolving disputes or claims of fraud, coercion, or incapacity
- Needing advice on common law marriage, which is not recognized in Minnesota
A lawyer experienced in family law can provide guidance, assist with paperwork, and advocate for your rights in complex or contested situations.
Local Laws Overview
There are several key legal aspects to marriage in Minnesota:
- Age Requirement: Both parties must be at least 18 years old. Seventeen-year-olds may marry with judicial approval under strict guidelines.
- Marriage License: Couples must apply for and receive a marriage license from any county in Minnesota. There is no residency requirement, but the ceremony must be conducted within the state.
- Waiting Period: There is typically no waiting period for a marriage license, except in cases where one party is 17 and court approval is required.
- Prohibited Marriages: Minnesota does not allow marriages between close relatives, such as siblings, parents and children, or first cousins.
- Previous Marriages: Any previous marriage must be legally ended before a new marriage can occur. Proof of divorce or death of a spouse may be required.
- Ceremony Requirements: The marriage must be solemnized by someone recognized by the state as authorized to perform marriages, such as a judge, religious leader, or designated official.
- Same Sex Marriage: Same sex marriage is legal and recognized in Minnesota.
- Common Law Marriage: Minnesota does not recognize common law marriage, regardless of how long a couple has lived together.
- Marital Property: Minnesota is an equitable distribution state, meaning that marital property is divided fairly, though not always equally, in the event of divorce.
Frequently Asked Questions
What are the requirements to get married in Minnesota?
Both parties must be at least 18 years old (or 17 with court approval), not closely related by blood, and not currently married to another person. Couples must apply for a marriage license and have the marriage solemnized by an authorized official in Minnesota.
Where do we apply for a marriage license and how long does it last?
You can apply for a marriage license at any county office in Minnesota. The license is valid immediately and remains valid for six months after issuance.
Is there a waiting period for marriage licenses in Minnesota?
There is generally no waiting period. Licenses are granted immediately unless one party is 17 and court approval is required.
Can non-residents get married in Minnesota?
Yes, there is no residency requirement. Any couple can marry in Minnesota as long as they meet state requirements.
Are same sex marriages recognized in Minnesota?
Yes, same sex couples have the same legal rights to marry as opposite sex couples in Minnesota.
Does Minnesota recognize common law marriage?
No, Minnesota does not recognize common law marriage, regardless of how long you have lived together as a couple.
Do we need witnesses for the marriage ceremony?
Yes, at least two witnesses who are at least 16 years old must be present for the ceremony and must sign the marriage certificate.
What do I do if I was previously married?
You must provide information about your previous marriage and show proof of its termination, such as a divorce decree or death certificate, when applying for a new marriage license.
Can minors get married in Minnesota?
Only individuals 17 years old may petition the court for approval to marry, under limited circumstances. Parental consent and judicial approval are required.
What is a prenuptial agreement and do I need one?
A prenuptial agreement is a legal contract made before marriage that outlines the division of assets and financial rights if the marriage ends. While not required, it can be beneficial for protecting individual interests, especially in cases involving significant assets or prior children.
Additional Resources
If you need more information or assistance regarding marriage in Minnesota, the following resources and organizations can help:
- Minnesota Judicial Branch (Family Law section): For information on marriage licenses, divorce, and annulments
- Local County Recorder or Registrar’s Office: For marriage license applications and requirements
- Minnesota Department of Health: For data, forms, and legal requirements regarding marriage
- Legal Aid organizations: For low cost or free legal help related to marriage and family law matters
- State Bar Association of Minnesota: For referrals to licensed family law attorneys
Next Steps
If you believe you need legal advice or assistance related to marriage in Minnesota, consider taking the following steps:
- Gather all relevant documents, such as identification, proof of any previous marriage dissolution, and financial records
- Contact your local county office to learn about marriage license requirements and ceremony officiants
- Consult with a licensed family law attorney for personalized advice, especially if your situation involves complex legal issues
- Ask about prenuptial or postnuptial agreements before your wedding if you want to clarify asset division and financial responsibilities
- Utilize resources such as legal aid services if you need help understanding your rights or cannot afford private legal representation
Being informed and prepared can help ensure your marriage is legally valid and your interests are protected. If at any stage you are unsure, seek professional legal counsel to guide you through Minnesota’s marriage laws.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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