HF 1616

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to family law; marriage dissolution;
modifying the grounds for dissolution; providing a
waiting period for certain dissolutions; amending
Minnesota Statutes 2004, sections 518.06, subdivision
1; 518.145, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 518.06,
subdivision 1, is amended to read:

Subdivision 1.

Meaning and effect; grounds.

new text begin (a) new text end A
dissolution of marriage is the termination of the marital
relationship between a husband and wife. A decree of
dissolution completely terminates the marital status of both
parties. A legal separation is a court determination of the
rights and responsibilities of a husband and wife arising out of
the marital relationship. A decree of legal separation does not
terminate the marital status of the parties.

new text begin (b) new text end A dissolution of a marriage deleted text begin shall deleted text end new text begin must new text end be granted by a
county or district court deleted text begin when deleted text end new text begin if new text end the court finds that deleted text begin there has
been deleted text end new text begin one or more of the following grounds exist:
new text end

new text begin (1) adultery;
new text end

new text begin (2) inability to consummate the marriage;
new text end

new text begin (3) cruelty;
new text end

new text begin (4) failure to seek treatment for chemical dependency as
indicated by a chemical dependency evaluation, or to comply with
conditions established by a chemical dependency treatment or
aftercare program;
new text end

new text begin (5) willful desertion for one year preceding commencement
of the action;
new text end

new text begin (6) placement in a treatment facility pursuant to chapter
253B or confinement in a state correctional facility or jail for
an aggregate period of more than one year; or
new text end

new text begin (7) new text end an irretrievable breakdown of the marriage relationship.

new text begin (c) If a dissolution is granted on the ground specified in
paragraph (b), clause (7), the decree of dissolution becomes
final three years after it is entered.
new text end

new text begin (d) new text end A decree of legal separation deleted text begin shall deleted text end new text begin must new text end be granted when
the court finds that one or both parties need a legal separation.

new text begin (e) new text end Defenses to divorce, dissolution new text begin , new text end and legal separation,
including new text begin , new text end but not limited to new text begin , new text end condonation, connivance,
collusion, recrimination, insanity, and lapse of time deleted text begin , deleted text end are
abolished.

Sec. 2.

Minnesota Statutes 2004, section 518.145,
subdivision 1, is amended to read:

Subdivision 1.

Appeal.

A decree of dissolution of
marriage or of legal separation is final when entered, subject
to the right of appeal new text begin , and except as otherwise provided by
section 518.06, subdivision 1, paragraph (c) new text end . When entered, the
findings of fact and conclusions of law may constitute the
judgment and decree. deleted text begin An appeal from the decree of dissolution
that does not challenge the finding that the marriage is
irretrievably broken does not delay the finality of that
provision of the decree which dissolves the marriage beyond the
time for appealing from that provision. deleted text end A party may remarry
before the time for appeal has run if deleted text begin it is not contested that
the marriage is irretrievably broken or if a stipulation that
the marriage is irretrievably broken is incorporated in the
decree of dissolution deleted text end new text begin the dissolution was granted on a ground
listed in section 518.06, subdivision 1, paragraph (b), clauses
(1) to (6), and that issue is not contested new text end .

Sec. 3. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Sections 1 and 2 are effective August 1, 2005, and apply to
petitions for marriage dissolution filed on or after that date.
new text end