HF 1571

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to marriage; providing for optional covenant 
  1.3             marriages; amending Minnesota Statutes 1998, sections 
  1.4             517.08, subdivisions 1a, 1b, and by adding a 
  1.5             subdivision; 517.10; and 518.06, subdivision 1; 
  1.6             Minnesota Statutes 1999 Supplement, section 518.10; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapters 517; and 518. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 517.08, 
  1.11  subdivision 1a, is amended to read: 
  1.12     Subd. 1a.  [GENERAL INFORMATION.] Application for a 
  1.13  marriage license shall be made upon a form provided for the 
  1.14  purpose and shall contain the following information: 
  1.15     (1) the full names of the parties and the sex of each 
  1.16  party; 
  1.17     (2) their post office addresses and county and state of 
  1.18  residence; 
  1.19     (3) their full ages; 
  1.20     (4) if either party has previously been married, the 
  1.21  party's married name, and the date, place and court in which the 
  1.22  marriage was dissolved or annulled or the date and place of 
  1.23  death of the former spouse; 
  1.24     (5) if either party is a minor, the name and address of the 
  1.25  minor's parents or guardian; 
  1.26     (6) whether the parties are related to each other, and, if 
  1.27  so, their relationship; 
  2.1      (7) the name and date of birth of any child of which both 
  2.2   parties are parents, born before the making of the application, 
  2.3   unless their parental rights and the parent and child 
  2.4   relationship with respect to the child have been terminated; 
  2.5      (8) address of the bride and groom after the marriage to 
  2.6   which the court administrator shall send a certified copy of the 
  2.7   marriage certificate; and 
  2.8      (9) the full names the parties will have after marriage and 
  2.9   the parties' social security numbers.  The social security 
  2.10  numbers must be collected for the application but must not 
  2.11  appear on the marriage license; and 
  2.12     (10) an acknowledgment, over the signature of both parties, 
  2.13  that they are aware of the covenant marriage option under 
  2.14  Minnesota law and jointly designate their marriage as either a 
  2.15  "covenant marriage" or a "standard marriage"; if the parties are 
  2.16  entering into a covenant marriage, the application form also 
  2.17  must include the provisions required under subdivision 4. 
  2.18     The court administrator or county designee shall give the 
  2.19  parties who apply for a marriage license a copy of the 
  2.20  informational pamphlet on the covenant marriage option developed 
  2.21  by the office of the attorney general under section 518.066. 
  2.22     Sec. 2.  Minnesota Statutes 1998, section 517.08, 
  2.23  subdivision 1b, is amended to read: 
  2.24     Subd. 1b.  [TERM OF LICENSE; FEE.] The court administrator 
  2.25  shall examine upon oath the party both parties applying for a 
  2.26  license relative to the legality of the contemplated marriage.  
  2.27  If at the expiration of a five-day period, on being satisfied 
  2.28  that there is no legal impediment to it, the court administrator 
  2.29  shall issue the license, containing the full names of the 
  2.30  parties before and after marriage, and county and state of 
  2.31  residence, with the district court seal attached, and make a 
  2.32  record of the date of issuance.  The license must indicate 
  2.33  whether or not the marriage will be a covenant marriage.  The 
  2.34  license shall be valid for a period of six months.  In case of 
  2.35  emergency or extraordinary circumstances, a judge of the 
  2.36  district court of the county in which the application is made, 
  3.1   may authorize the license to be issued at any time before the 
  3.2   expiration of the five days.  The court administrator shall 
  3.3   collect from the applicant a fee of $70 for administering the 
  3.4   oath, issuing, recording, and filing all papers required, and 
  3.5   preparing and transmitting to the state registrar of vital 
  3.6   statistics the reports of marriage required by this section.  If 
  3.7   the license should not be used within the period of six months 
  3.8   due to illness or other extenuating circumstances, it may be 
  3.9   surrendered to the court administrator for cancellation, and in 
  3.10  that case a new license shall issue upon request of the parties 
  3.11  of the original license without fee.  A court administrator who 
  3.12  knowingly issues or signs a marriage license in any manner other 
  3.13  than as provided in this section shall pay to the parties 
  3.14  aggrieved an amount not to exceed $1,000. 
  3.15     Sec. 3.  Minnesota Statutes 1998, section 517.08, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 4.  [COVENANT MARRIAGE; ADDITIONAL APPLICATION 
  3.18  REQUIREMENTS.] (a) If the parties applying for a marriage 
  3.19  license intend to enter into a covenant marriage, their 
  3.20  application must include a declaration of intent to enter into a 
  3.21  covenant marriage and a signed statement from the educator who 
  3.22  provided the premarital education as required under section 
  3.23  517.25, subdivision 1, confirming that it was received.  The 
  3.24  declaration of intent to enter into a covenant marriage must 
  3.25  include the signature of both parties or, if one or both of the 
  3.26  parties are minors, the signed written consent of those persons 
  3.27  required to consent to or authorize their marriage.  
  3.28     (b) The declaration of intent to enter into a covenant 
  3.29  marriage must be in the following form:  
  3.30     "We, [names of both parties], solemnly declare our intent 
  3.31  to enter into a covenant marriage under Minnesota law and we 
  3.32  agree to live together as husband and wife as long as we both 
  3.33  live.  We have chosen each other carefully and voluntarily give 
  3.34  up the right to a no-fault dissolution of our marriage.  We have 
  3.35  received the premarital education required under law, which 
  3.36  included the use of a premarital inventory, a discussion of the 
  4.1   seriousness of marriage and that it is a commitment for life, 
  4.2   the teaching of communication skills and conflict management 
  4.3   skills, and a discussion of the obligation to seek marital 
  4.4   counseling in times of marital difficulties.  We have read the 
  4.5   informational pamphlet on the covenant marriage act and 
  4.6   understand that a covenant marriage is for life.  If either of 
  4.7   us experiences serious difficulties with the marriage, we accept 
  4.8   the ethical responsibility to inform the other spouse about the 
  4.9   extent of those problems in time for corrective action to be 
  4.10  taken and will make all reasonable efforts to preserve our 
  4.11  marriage, including marital counseling." 
  4.12     (c) The statement from the person who provided the 
  4.13  premarital education must be in the following form:  
  4.14     "I, [name of educator], confirm that [names of both 
  4.15  parties] received at least 12 hours of premarital education that 
  4.16  complies with Minnesota Statutes, section 517.25, subdivision 
  4.17  1.  I am a licensed or ordained minister, a person authorized to 
  4.18  solemnize marriages under Minnesota Statutes, section 517.18, or 
  4.19  a person licensed to practice marriage and family therapy under 
  4.20  Minnesota Statutes, section 148B.33."  
  4.21     Sec. 4.  Minnesota Statutes 1998, section 517.10, is 
  4.22  amended to read: 
  4.23     517.10 [CERTIFICATE; WITNESSES.] 
  4.24     The person solemnizing a marriage shall prepare and sign 
  4.25  three certificates thereof.  Each certificate shall contain the 
  4.26  full names before and after marriage and county and state of 
  4.27  residences of the parties and the date and place of the 
  4.28  marriage.  If the parties have entered into a covenant marriage, 
  4.29  the certificate must indicate that fact.  Each certificate shall 
  4.30  also contain the signatures of at least two of the witnesses 
  4.31  present at the marriage who shall be at least 16 years of age.  
  4.32  The person solemnizing the marriage shall give each of the 
  4.33  parties one such certificate, and shall immediately make a 
  4.34  record of such marriage, and file one such certificate with the 
  4.35  court administrator of the district court of the county in which 
  4.36  the license was issued within five days after the ceremony.  The 
  5.1   court administrator shall record such certificate in a book kept 
  5.2   for that purpose. 
  5.3      Sec. 5.  [517.25] [COVENANT MARRIAGE OPTION.] 
  5.4      Subdivision 1.  [REQUIREMENTS; PREMARITAL EDUCATION.] (a) A 
  5.5   covenant marriage is a marriage entered into by one male and one 
  5.6   female who agree that the marriage between them is a lifelong 
  5.7   relationship.  Only when there has been a breach of the marital 
  5.8   covenant commitment, as provided in section 518.065, may a party 
  5.9   seek a dissolution of the marriage.  
  5.10     (b) Parties to a covenant marriage must have received at 
  5.11  least 12 hours of premarital education that is provided by a 
  5.12  licensed or ordained minister or the minister's designee, a 
  5.13  person authorized to solemnize marriages under section 517.18, 
  5.14  or a person licensed to practice marriage and family therapy 
  5.15  under section 148B.33.  The education must include the use of a 
  5.16  premarital inventory, a discussion of the seriousness of 
  5.17  marriage and that it is a commitment for life, the teaching of 
  5.18  communication skills and conflict management skills, and a 
  5.19  discussion of the obligation to seek marital counseling in times 
  5.20  of marital difficulties.  
  5.21     Subd. 2.  [PROCEDURE; EFFECT OF DECLARATION.] Parties may 
  5.22  enter into a covenant marriage by complying with the application 
  5.23  requirements under section 517.08, subdivision 4, including 
  5.24  execution of a declaration of intent and a statement regarding 
  5.25  premarital education.  The commitments contained in the 
  5.26  declaration of intent under this section or section 517.26 are 
  5.27  aspirational only and a failure by a party to comply with a 
  5.28  commitment in the declaration does not constitute grounds for 
  5.29  dissolution of a covenant marriage beyond those contained in 
  5.30  section 518.065.  
  5.31     Subd. 3.  [OTHER RIGHTS NOT AFFECTED.] The existence of a 
  5.32  covenant marriage under this section or section 517.26 does not 
  5.33  preclude the parties from seeking a decree of legal separation 
  5.34  and other appropriate relief, including child support, 
  5.35  maintenance, property division, custody, visitation, and 
  5.36  protective orders.  A party to a covenant marriage may petition 
  6.1   the court for a temporary order under section 518.131, 
  6.2   regardless of whether a petition for dissolution or legal 
  6.3   separation has been brought.  The existence of a covenant 
  6.4   marriage only affects the grounds for dissolution of the 
  6.5   marriage, as provided in section 518.065. 
  6.6      Sec. 6.  [517.26] [APPLICABILITY TO ALREADY MARRIED 
  6.7   COUPLES.] 
  6.8      Subdivision 1.  [PROCEDURES; FILING FEE.] (a) Married 
  6.9   couples may designate their marriage as a covenant marriage by 
  6.10  executing a declaration of intent under subdivision 2, paragraph 
  6.11  (a), and providing a signed statement from the person who 
  6.12  provided the education required under subdivision 2, paragraph 
  6.13  (b), confirming that it was received.  A certified copy of the 
  6.14  couple's marriage certificate and an application to designate 
  6.15  their marriage as a covenant marriage that contains the 
  6.16  declaration of intent and the statement from the person who 
  6.17  provided the education must be filed with the office of the 
  6.18  court administrator or county designee who issued the couple's 
  6.19  marriage license.  If the couple was married outside of this 
  6.20  state, the documents must be filed with the court administrator 
  6.21  or designee in the county where the couple resides.  The court 
  6.22  administrator or county designee shall examine upon oath both 
  6.23  parties applying to designate their marriage as a covenant 
  6.24  marriage relative to the legality of their application.  Upon 
  6.25  payment of the filing fee, the court administrator or designee 
  6.26  shall file the certified copy of the marriage certificate and 
  6.27  attach the application to the certificate. 
  6.28     (b) The filing fee for designating a marriage as a covenant 
  6.29  marriage is $20.  Of this amount, $15 is to be retained by the 
  6.30  county and $5 is to be paid to the state treasurer to be 
  6.31  deposited as follows: 
  6.32     (1) $3 in the special revenue fund to be appropriated to 
  6.33  the commissioner of children, families, and learning for 
  6.34  supervised visitation facilities under section 119A.37; and 
  6.35     (2) $2 in the special revenue fund to be appropriated to 
  6.36  the commissioner of health for developing and implementing the 
  7.1   MN ENABL program under section 145.9255. 
  7.2      Subd. 2.  [DECLARATION OF INTENT; COUNSELING.] (a) A 
  7.3   declaration of intent to designate a marriage as a covenant 
  7.4   marriage must contain a recitation by the parties to the 
  7.5   following effect: 
  7.6      "A COVENANT MARRIAGE 
  7.7      We, [names of both parties], solemnly declare that our 
  7.8   marriage is a covenant marriage under Minnesota law and we agree 
  7.9   to live together as husband and wife as long as we both live.  
  7.10  We voluntarily give up the right to a no-fault dissolution of 
  7.11  our marriage.  We have received the education required by law, 
  7.12  which included a discussion of the obligation to seek marital 
  7.13  counseling in times of marital difficulties and an explanation 
  7.14  of the exclusive grounds under law for dissolving a covenant 
  7.15  marriage.  We have read the informational pamphlet on the 
  7.16  covenant marriage act, and we understand that a covenant 
  7.17  marriage is for life.  If either of us experiences serious 
  7.18  difficulties with the marriage, we accept the ethical 
  7.19  responsibility to inform the other spouse about the extent of 
  7.20  those problems in time for corrective action to be taken and 
  7.21  will make all reasonable efforts to preserve our marriage, 
  7.22  including marital counseling.  With full knowledge of what this 
  7.23  commitment means, we declare that our marriage will be bound by 
  7.24  Minnesota law on covenant marriage and we promise to love, 
  7.25  honor, and care for one another as husband and wife for the rest 
  7.26  of our lives." 
  7.27     (b) The declaration of intent to designate a marriage as a 
  7.28  covenant marriage must include the signature of both parties. 
  7.29     (c) Parties to a marriage that is designated as a covenant 
  7.30  marriage must have received at least six hours of marital 
  7.31  education from a licensed or ordained minister or the minister's 
  7.32  designee, a person authorized to solemnize marriages under 
  7.33  section 517.18, or a person authorized to practice marriage and 
  7.34  family therapy under section 148B.33.  The education must 
  7.35  include a discussion of the seriousness of marriage and that it 
  7.36  is a commitment for life, the teaching of communication and 
  8.1   conflict management skills, a discussion of their intent to 
  8.2   designate their marriage as a covenant marriage, and the 
  8.3   obligation to seek marital counseling in times of marital 
  8.4   difficulties. 
  8.5      (d) The statement from the person who provided the marital 
  8.6   education must be in the following form:  
  8.7      "I, [name of educator], confirm that [names of both 
  8.8   parties] received at least six hours of marital education that 
  8.9   complies with Minnesota Statutes, section 517.26, subdivision 
  8.10  2.  I am a licensed or ordained minister, a person authorized to 
  8.11  solemnize marriages under Minnesota Statutes, section 517.18, or 
  8.12  a person licensed to practice marriage and family therapy under 
  8.13  Minnesota Statutes, section 148B.33."  
  8.14     Sec. 7.  Minnesota Statutes 1998, section 518.06, 
  8.15  subdivision 1, is amended to read: 
  8.16     Subdivision 1.  A dissolution of marriage is the 
  8.17  termination of the marital relationship between a husband and 
  8.18  wife.  A decree of dissolution completely terminates the marital 
  8.19  status of both parties.  A legal separation is a court 
  8.20  determination of the rights and responsibilities of a husband 
  8.21  and wife arising out of the marital relationship.  A decree of 
  8.22  legal separation does not terminate the marital status of the 
  8.23  parties.  A dissolution of a marriage shall be granted by a 
  8.24  county or district court when the court finds that there has 
  8.25  been an irretrievable breakdown of the marriage relationship or, 
  8.26  if the marriage is a covenant marriage, that grounds for 
  8.27  dissolution of the marriage exist under section 518.065. 
  8.28     A decree of legal separation shall be granted when the 
  8.29  court finds that one or both parties need a legal separation.  
  8.30     Defenses to divorce, dissolution and legal separation, 
  8.31  including but not limited to condonation, connivance, collusion, 
  8.32  recrimination, insanity, and lapse of time, are abolished. 
  8.33     Sec. 8.  [518.065] [GROUNDS FOR DISSOLUTION OF COVENANT 
  8.34  MARRIAGE; COUNSELING.] 
  8.35     Subdivision 1.  [DISSOLUTION.] Notwithstanding any other 
  8.36  law to the contrary, a spouse to a covenant marriage may obtain 
  9.1   a judgment of dissolution only upon proof of any of the 
  9.2   following: 
  9.3      (1) the other spouse has committed adultery; 
  9.4      (2) the other spouse has committed a felony and has been 
  9.5   sentenced to imprisonment; 
  9.6      (3) the other spouse has abandoned the matrimonial domicile 
  9.7   for a period of one year and refuses to return; 
  9.8      (4) the other spouse has physically or sexually abused the 
  9.9   spouse seeking the dissolution or a child of one of the spouses; 
  9.10  or 
  9.11     (5) the spouses have been living separate and apart without 
  9.12  reconciliation for a period of two years.  
  9.13     For purposes of clause (5), spouses are considered to have 
  9.14  lived separate and apart regardless of brief interruptions of 
  9.15  the separation for the purpose of pursuing possible 
  9.16  reconciliation; sharing a home for economic reasons while 
  9.17  sleeping in separate rooms; or participation in activities 
  9.18  required in order to discharge mutual responsibilities to the 
  9.19  couple's children, families, or community.  
  9.20     Subd. 2.  [MARITAL COUNSELING; WHEN REQUIRED.] If the 
  9.21  ground for dissolution of a covenant marriage is that the 
  9.22  spouses have been living separate and apart for two years, as 
  9.23  provided under subdivision 1, clause (5), the court shall order 
  9.24  the parties to complete at least 12 hours of marital counseling 
  9.25  that involves both spouses and emphasizes the principles of 
  9.26  reconciliation.  If the ground for dissolution is under 
  9.27  subdivision 1, clauses (1) to (4), marital counseling is not 
  9.28  required.  The court may require the parties to pay an equal 
  9.29  share of the cost of the counseling or apportion the cost 
  9.30  between the parties based on their ability to pay.  The 
  9.31  counseling must be provided by a licensed or ordained minister 
  9.32  or the minister's designee, a person authorized to solemnize 
  9.33  marriages under section 517.18, or a person licensed to practice 
  9.34  marriage and family therapy under section 148B.33.  The court 
  9.35  may waive all or part of the counseling requirement to the 
  9.36  extent the parties have already received the required 12 hours 
 10.1   of marital counseling within one year of the filing of the 
 10.2   petition for dissolution. 
 10.3      Sec. 9.  Minnesota Statutes 1999 Supplement, section 
 10.4   518.10, is amended to read: 
 10.5      518.10 [REQUISITES OF PETITION.] 
 10.6      The petition for dissolution of marriage or legal 
 10.7   separation shall state and allege: 
 10.8      (a) the name, address, and, in circumstances in which child 
 10.9   support or spousal maintenance will be addressed, social 
 10.10  security number of the petitioner and any prior or other name 
 10.11  used by the petitioner; 
 10.12     (b) the name and, if known, the address and, in 
 10.13  circumstances in which child support or spousal maintenance will 
 10.14  be addressed, social security number of the respondent and any 
 10.15  prior or other name used by the respondent and known to the 
 10.16  petitioner; 
 10.17     (c) the place and date of the marriage of the parties; 
 10.18     (d) in the case of a petition for dissolution, that either 
 10.19  the petitioner or the respondent or both:  
 10.20     (1) has resided in this state for not less than 180 days 
 10.21  immediately preceding the commencement of the proceeding, or 
 10.22     (2) has been a member of the armed services and has been 
 10.23  stationed in this state for not less than 180 days immediately 
 10.24  preceding the commencement of the proceeding, or 
 10.25     (3) has been a domiciliary of this state for not less than 
 10.26  180 days immediately preceding the commencement of the 
 10.27  proceeding; 
 10.28     (e) the name at the time of the petition and any prior or 
 10.29  other name, social security number, age, and date of birth of 
 10.30  each living minor or dependent child of the parties born before 
 10.31  the marriage or born or adopted during the marriage and a 
 10.32  reference to, and the expected date of birth of, a child of the 
 10.33  parties conceived during the marriage but not born; 
 10.34     (f) whether or not a separate proceeding for dissolution, 
 10.35  legal separation, or custody is pending in a court in this state 
 10.36  or elsewhere; 
 11.1      (g) in the case of a petition for dissolution, that there 
 11.2   has been an irretrievable breakdown of the marriage relationship 
 11.3   or, if the marriage is a covenant marriage, the grounds for 
 11.4   dissolution of the marriage under section 518.065; 
 11.5      (h) in the case of a petition for legal separation, that 
 11.6   there is a need for a decree of legal separation; 
 11.7      (i) any temporary or permanent maintenance, child support, 
 11.8   child custody, disposition of property, attorneys' fees, costs 
 11.9   and disbursements applied for without setting forth the amounts; 
 11.10  and 
 11.11     (j) whether an order for protection under chapter 518B or a 
 11.12  similar law of another state that governs the parties or a party 
 11.13  and a minor child of the parties is in effect and, if so, the 
 11.14  district court or similar jurisdiction in which it was entered. 
 11.15     The petition shall be verified by the petitioner or 
 11.16  petitioners, and its allegations established by competent 
 11.17  evidence. 
 11.18     Sec. 10.  [518.066] [COVENANT MARRIAGE OPTION INFORMATIONAL 
 11.19  PAMPHLET.] 
 11.20     The attorney general shall issue an informational pamphlet 
 11.21  entitled "Covenant Marriage Option," outlining in detail the 
 11.22  requirements for entering into a covenant marriage or 
 11.23  designating an existing marriage as a covenant marriage, the 
 11.24  implications of entering into a covenant marriage and the 
 11.25  grounds for dissolution of a covenant marriage, and the legal 
 11.26  differences between a covenant marriage and a standard 
 11.27  marriage.  The informational pamphlet must be made available to 
 11.28  any person who provides marriage counseling or premarital 
 11.29  education under sections 517.25 to 517.27 and must be available 
 11.30  from court administrators or county designees who issue marriage 
 11.31  licenses. 
 11.32     Sec. 11.  [EFFECTIVE DATE.] 
 11.33     This act is effective January 1, 2001.