Legal separation and divorce can address many of the same family and financial matters, but they have different outcomes under Minnesota law.
Legal separation and divorce are sometimes talked about as though they’re basically the same thing. In Minnesota, however, there’s an important difference between the two: a divorce ends the marriage, while a legal separation does not.
That may sound straightforward, but there’s more to the distinction. Both processes can involve many of the same family and financial issues, from child custody and parenting time to property and debt.
Here’s a closer look at legal separation vs. divorce in Minnesota and how each process works.
What Does Legal Separation Mean in Minnesota?
A legal separation is a formal court process that allows spouses to address certain legal, financial, and family matters without ending their marriage.
This is different from a couple simply deciding to live apart. Spouses can live in separate homes without being legally separated. A legal separation involves the court and results in a formal order addressing the matters involved in the case.
When that process is complete, the spouses are still legally married.
How Is Divorce Different?
A divorce—known legally as a dissolution of marriage—brings the marriage to an end.
Once the divorce is finalized, the spouses are no longer legally married. This is the main difference between a divorce and a legal separation in Minnesota.
Even though the final result is different, many of the issues addressed during the two proceedings can look familiar.
What Can Be Addressed in Either Process?
Marriage involves more than marital status alone, so both divorce and legal separation can involve decisions about a family’s finances, property, and children.
Depending on the circumstances, the proceedings may address:
The exact issues involved depend on the family and its circumstances.
Do Couples Have to Legally Separate Before Getting Divorced?
This is one area where there can be some confusion.
Legal separation is not a required step before divorce in Minnesota. They are two separate legal proceedings.
There’s also a difference between being separated and being legally separated. A married couple may live apart without going through the legal separation process. A formal legal separation, on the other hand, involves a court proceeding and court order.
What Happens to the Marriage After Legal Separation?
After a legal separation, the couple remains married.
The court order may establish terms involving finances, property, children, and other matters, but it does not dissolve the marriage itself.
Divorce has a different legal outcome. When a Minnesota divorce is finalized, the marriage is legally terminated.
That difference in marital status is at the heart of the distinction between the two.
Why Do the Processes Sound So Similar?
Legal separation and divorce can sound surprisingly similar because many of the same subjects may come up in both proceedings.
Child custody, parenting time, property, debts, and financial responsibilities don’t disappear simply because the marriage remains legally intact. Those matters can still be part of a legal separation case.
The difference is what happens when the process is finished. One leaves the marriage in place; the other ends it.
Legal Separation and Divorce Under Minnesota Family Law
Both legal separation and divorce are formal legal proceedings under Minnesota family law. Each case reflects the circumstances of the people involved, which means the issues addressed and the court process can vary.
A legal separation can establish legal rights and responsibilities while the marriage continues. A divorce addresses those matters as part of legally ending the marriage.
Although the terms are closely related, they describe two distinct legal outcomes.
Final Thoughts
When looking at legal separation vs. divorce in Minnesota, the clearest difference is whether the marriage continues.
A legal separation allows spouses to remain legally married while establishing court orders involving certain family and financial matters. A divorce, or dissolution of marriage, legally ends the marriage.
At Borden, Steinbauer, Krueger & Knudson, P.A., we represent clients in divorce, legal separation, child custody, parenting time, and other family law matters in the Brainerd Lakes Area and throughout Minnesota.
Born and raised in St. Cloud, Minnesota, Sam is thrilled to return to Central Minnesota after passing the bar exam in 2024. Sam's diverse experience spans roles with the Douglas County Attorney’s Office (Civil Division), a Nebraska lobbying firm, Hudl, and the University of Nebraska Civil Clinic. Through these positions, he gained valuable exposure to various areas of law, including civil litigation, policy advocacy, and client counseling. Early in his legal career, Sam is eager to leverage his skills and experiences to deliver effective and personalized legal solutions for BSKK’s clients.
Areas of Practice:
- Business Litigation
- Construction Litigation
- Property Law & Real Estate
- Contract Disputes
- Personal Injury
- Probate/Trust Disputes
- Landlord/Tenant
- Family Law
Education:
- University of Nebraska College of Law, Lincoln, Nebraska, 2024, J.D.
- Concentration in Real Estate and Business Transactions
- North Dakota State University, Fargo, North Dakota, 2019, B.S.
- Honors: Magna Cum Laude
- Majors: Political Science and Management Communication
Bar Admissions:
- Minnesota 2024
Professional Memberships:
- Minnesota State Bar Association
David V. Hurt is a seasoned litigator who has been advocating for individuals, families, and businesses across Minnesota since 2012. His practice is rooted in a practical, results-driven approach that blends strategic litigation with thoughtful dispute resolution. David's clients trust him to navigate complex legal issues with clarity, efficiency, and unwavering commitment.
He began his legal career clerking for the Honorable John G. Melbye in the Ninth Judicial District of Minnesota, where he gained invaluable perspective on trial practice and judicial reasoning. Since then, he has built a diverse portfolio of experience at firms in Minneapolis, Washington, D.C., and Pennsylvania—litigating matters ranging from corporate and construction disputes to aviation claims.
David’s practice spans a wide range of civil matters, including business formation and litigation, real estate and land use disputes, probate and trust litigation, and family law. He is particularly experienced in resolving high-conflict disputes and routinely employs alternative dispute resolution strategies to secure favorable outcomes for his clients while minimizing cost and disruption.
Areas of Practice:
Education:
Bar Admissions:
Professional Affiliations:
Virginia "Ginny" Knudson represents individuals and businesses in various areas of law, including, estate planning and probate, business and corporate, real estate, and governmental relations. Ginny provides mediation services in divorce and custody, especially for business owners and high wage-earners, as well as for real estate, probate and business disputes. Ginny has been selected as a top attorney by Minnesota Super Lawyer Magazine from for 13 years.
Areas of Practice:
– Estate planning
– Business and corporate
– Real estate and landlord representation
– Probate disputes, guardianships and conservatorships
– Municipal and governmental relations
-- Mediation
Education:
– University of Minnesota Law School, Minneapolis, Minnesota, 1994, J.D.
– Honors: Cum Laude
– University of St. Thomas, Minneapolis, Minnesota, 1991, B.A.
– Honors: Summa Cum Laude
– Honors: Aquinas Scholar
– Major: Economics, Spanish, Minor: Business
Bar Admissions:
– Minnesota, 1994
– U.S. District Court District of Minnesota, 1994
– U.S. Court of Appeals 8th Circuit, 1996
Professional Memberships:
– St. Francis Church Finance Council, 2004–present, Chair and Trustee
- Essentia-St. Joseph's Medical Center, Directors Council, 2020-present
- Lakes Area Music Festival Board, Board Member 2022-present
– Brainerd Area Chamber of Commerce, 2016-2022, Board Member and Chair
– Mount Ski Gull, Board Member, 2014-2019
– Benevolent and Protective Order of Elks, Brainerd Lodge #615
– Zonta International, 1999–2018
– Jaycees, Brainerd, 1998–1999
– Aitkin/Crow Wing County Bar Association, 2000–2001, President
– Aitkin/Crow Wing County Bar Association, 1999–2000, Vice-President
Patrick has been practicing law since 1980, dedicating over 90% of his career to representing personal injury victims and their families, as well as handling a wide range of civil litigation matters. He is a Certified Trial Specialist recognized by the Minnesota Bar Association and was named a leading American attorney in personal injury law by the American Research Corporation. His professional excellence also earned him recognition as a Super Lawyer by Minnesota Law & Politics, placing him among the top six percent of attorneys in Minnesota.
Pat is enjoying a well-deserved retirement after 40+ years of practice. We thank Pat for his years of dedication to the firm and his service to the Brainerd Lakes Area. His legacy is marked by a deep commitment to justice, compassion for clients, and significant contributions to the legal profession.
Areas of Practice (during his active years):
Plaintiff’s Personal Injury
Civil Litigation
Real Estate Litigation
Construction Litigation
Contract Litigation
Mediation and Arbitration
Education:
– University of North Dakota School of Law, Grand Forks, ND – J.D., 1980
- Honors: Graduate of the Year, Bruce Inn
- North Dakota Law Review, 1979–1980
– Concordia College, Moorhead, MN – B.A., 1974
- Major: Business Administration / Hospital Administration
Bar Admissions:
Minnesota, 1980
U.S. District Court, District of Minnesota, 1981
Professional Memberships:
American Bar Association, Member
Minnesota State Bar Association, Member
American Association for Justice, Member
Minnesota Association for Justice, Member
Crow Wing-Aitkin County Bar Association, Past President
Brainerd Area Chamber of Commerce, Past Board Member
Brainerd Jaycees, Past President (1981–1982)
Benevolent and Protective Order of Elks, Brainerd Lodge #615, Past Exalted Ruler
P.O.R.T. Group Home, Past Member, Board of Directors
