HF 2315

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage dissolution; eliminating a 
  1.3             requirement that certain documents be acknowledged; 
  1.4             amending Minnesota Statutes 1994, section 518.13, 
  1.5             subdivision 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 518.13, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [APPROVAL WITHOUT HEARING.] Proposed findings of 
  1.10  fact, conclusions of law, order for judgment, and judgment and 
  1.11  decree must be submitted to the court for approval and filing 
  1.12  without a final hearing in the following situations: 
  1.13     (1) if there are no minor children of the marriage, and (i) 
  1.14  the parties have entered into a written stipulation marital 
  1.15  termination agreement, signed by both parties, or (ii) the 
  1.16  respondent has not appeared after service duly made and proved 
  1.17  by affidavit and at least 20 days have elapsed since the time 
  1.18  for answering under section 518.12 expired; or 
  1.19     (2) if there are minor children of the marriage, the 
  1.20  parties have signed and acknowledged a stipulation, and all 
  1.21  entered into a marital termination agreement, the parties are 
  1.22  represented by counsel, and the parties and their counsel have 
  1.23  signed the marital termination agreement. 
  1.24     Notwithstanding clause (1) or (2), the court shall schedule 
  1.25  the matter for hearing in any case where the proposed judgment 
  2.1   and decree does not appear to be in the best interests of the 
  2.2   minor children or is contrary to the interests of justice.