HF 1975

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to marriage dissolution; requiring the 
  1.3             consent of both parties to grant a dissolution; 
  1.4             requiring attorneys to advise clients of certain legal 
  1.5             issues; amending Minnesota Statutes 1994, section 
  1.6             518.06, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 518.06, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  A dissolution of marriage is the 
  1.11  termination of the marital relationship between a husband and 
  1.12  wife.  A decree of dissolution completely terminates the marital 
  1.13  status of both parties.  A legal separation is a court 
  1.14  determination of the rights and responsibilities of a husband 
  1.15  and wife arising out of the marital relationship.  A decree of 
  1.16  legal separation does not terminate the marital status of the 
  1.17  parties.  A dissolution of a marriage shall be granted by a 
  1.18  county or district court when the court finds that there has 
  1.19  been an irretrievable breakdown of the marriage 
  1.20  relationship both parties consent to dissolution of the marriage.
  1.21     If the court finds that domestic abuse, as defined in 
  1.22  section 518B.01, has occurred between the parties, it shall 
  1.23  grant a dissolution of marriage without the consent of the party 
  1.24  who committed domestic abuse. 
  1.25     A decree of legal separation shall be granted when the 
  1.26  court finds that one or both parties need a legal separation.  
  2.1      Defenses to divorce, dissolution and legal separation, 
  2.2   including but not limited to condonation, connivance, collusion, 
  2.3   recrimination, insanity, and lapse of time, are abolished.