HF 917

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage dissolution; requiring attendance 
  1.3             at certain orientation programs; amending Minnesota 
  1.4             Statutes 2002, sections 518.091; 518.10. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 518.091, is 
  1.7   amended to read: 
  1.8      518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS.] 
  1.9      (a) Every summons must include the notice in this paragraph.
  1.10      NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 
  1.11                       RESOLUTION PROVISIONS 
  1.12     UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
  1.13  FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
  1.14  UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
  1.15  DISMISSED: 
  1.16     (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 
  1.17  THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 
  1.18  INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 
  1.19  WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 
  1.20  CONTEST THIS PROCEEDING; 
  1.21     (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 
  1.22     (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
  1.23  MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
  1.24  BENEFICIARY DESIGNATION. 
  1.25     IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
  2.1   TO SANCTIONS BY THE COURT.  
  2.2      (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
  2.3   ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 
  2.4   MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES 
  2.5   MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 
  2.6   DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR 
  2.7   ABOUT RESOURCES IN YOUR AREA.  IF YOU CANNOT PAY FOR MEDIATION 
  2.8   OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE 
  2.9   MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT 
  2.10  PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS OF 
  2.11  ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE 
  2.12  NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY 
  2.13  THE COURT IN LATER PROCEEDINGS.  
  2.14     (5) THE PETITION ACCOMPANYING THIS SUMMONS CERTIFIES THAT 
  2.15  THE PETITIONER HAS COMPLETED A REQUIRED ONE-HOUR ORIENTATION 
  2.16  PROGRAM REGARDING OPTIONS FOR DISPUTE RESOLUTION IN MARRIAGE 
  2.17  DISSOLUTION PROCEEDINGS.  THE RESPONDENT HAS 30 DAYS FROM THE 
  2.18  DATE OF SERVICE OF THIS SUMMONS TO COMPLETE THE SAME ORIENTATION 
  2.19  COURSE. 
  2.20     (b) Upon service of the summons, the restraining provisions 
  2.21  contained in the notice apply by operation of law upon both 
  2.22  parties until modified by further order of the court or 
  2.23  dismissal of the proceeding, unless more than one year has 
  2.24  passed since the last document was filed with the court. 
  2.25     Sec. 2.  Minnesota Statutes 2002, section 518.10, is 
  2.26  amended to read: 
  2.27     518.10 [REQUISITES OF PETITION.] 
  2.28     The petition for dissolution of marriage or legal 
  2.29  separation shall state and allege: 
  2.30     (a) the name, address, and, in circumstances in which child 
  2.31  support or spousal maintenance will be addressed, social 
  2.32  security number of the petitioner and any prior or other name 
  2.33  used by the petitioner; 
  2.34     (b) the name and, if known, the address and, in 
  2.35  circumstances in which child support or spousal maintenance will 
  2.36  be addressed, social security number of the respondent and any 
  3.1   prior or other name used by the respondent and known to the 
  3.2   petitioner; 
  3.3      (c) the place and date of the marriage of the parties; 
  3.4      (d) in the case of a petition for dissolution, that either 
  3.5   the petitioner or the respondent or both:  
  3.6      (1) has resided in this state for not less than 180 days 
  3.7   immediately preceding the commencement of the proceeding, or 
  3.8      (2) has been a member of the armed services and has been 
  3.9   stationed in this state for not less than 180 days immediately 
  3.10  preceding the commencement of the proceeding, or 
  3.11     (3) has been a domiciliary of this state for not less than 
  3.12  180 days immediately preceding the commencement of the 
  3.13  proceeding; 
  3.14     (e) the name at the time of the petition and any prior or 
  3.15  other name, social security number, age, and date of birth of 
  3.16  each living minor or dependent child of the parties born before 
  3.17  the marriage or born or adopted during the marriage and a 
  3.18  reference to, and the expected date of birth of, a child of the 
  3.19  parties conceived during the marriage but not born; 
  3.20     (f) whether or not a separate proceeding for dissolution, 
  3.21  legal separation, or custody is pending in a court in this state 
  3.22  or elsewhere; 
  3.23     (g) in the case of a petition for dissolution, that there 
  3.24  has been an irretrievable breakdown of the marriage 
  3.25  relationship; 
  3.26     (h) in the case of a petition for legal separation, that 
  3.27  there is a need for a decree of legal separation; 
  3.28     (i) any temporary or permanent maintenance, child support, 
  3.29  child custody, disposition of property, attorneys' fees, costs 
  3.30  and disbursements applied for without setting forth the amounts; 
  3.31  and 
  3.32     (j) whether an order for protection under chapter 518B or a 
  3.33  similar law of another state that governs the parties or a party 
  3.34  and a minor child of the parties is in effect and, if so, the 
  3.35  district court or similar jurisdiction in which it was entered; 
  3.36  and 
  4.1      (k) that the petitioner has completed a required one-hour 
  4.2   orientation program for parties regarding options for dispute 
  4.3   resolution in marriage dissolution proceedings. 
  4.4      The petition shall be verified by the petitioner or 
  4.5   petitioners, and its allegations established by competent 
  4.6   evidence.