HF 3989

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to marriage; modifying the grounds for marriage dissolution; requiring a
dissolution prevention notice and waiting period as a prerequisite to commencing
a marriage dissolution; amending Minnesota Statutes 2006, sections 518.06,
subdivision 1; 518.10; proposing coding for new law in Minnesota Statutes,
chapter 518.

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

Section 1.

Minnesota Statutes 2006, 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 shall be granted by a county or district court when
the court finds that there has been an irretrievable breakdown of the marriage relationship new text begin ,
except that if the parties have a minor child, a dissolution may only be granted:
new text end

new text begin (1) following a period of dissolution prevention as described in section 518.061 and
after completion of counseling to explore the possibility of preserving the marriage. The
parties must seek counseling from an individual licensed by the Board of Marriage and
Family Therapy or by a member of the clergy; or
new text end

new text begin (2) upon the court finding one or more of the following grounds:
new text end

new text begin (i) adultery;
new text end

new text begin (ii) domestic abuse as defined in section 518B.01, subdivision 2;
new text end

new text begin (iii) a refusal to seek or comply with treatment or aftercare for chemical dependency
when indicated by an evaluation; or
new text end

new text begin (iv) desertion for a period of two years or more new text end .

A decree of legal separation shall be granted when the court finds that one or both
parties need a legal separation.

Defenses to divorce, dissolution and legal separation, including but not limited
to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are
abolished.

Sec. 2.

new text begin [518.061] DISSOLUTION PREVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin If a couple has minor children, a proceeding
for dissolution of a marriage may not be commenced unless the individual seeking
dissolution has complied with the dissolution prevention requirements of this section.
new text end

new text begin Subd. 2. new text end

new text begin Notice requirements. new text end

new text begin A dissolution prevention notice must be in writing,
signed by the spouse who is issuing the notice, and delivered to the other spouse. The
notice must include the legal names of both spouses and state that:
new text end

new text begin (1) the spouses have serious problems that may lead to separation or dissolution of
their marriage;
new text end

new text begin (2) information regarding marriage education and counseling resources is available
from the district court; and
new text end

new text begin (3) delivery of the notice makes dissolution of the marriage of the spouses legally
permissible after expiration of the applicable prevention period.
new text end

new text begin Subd. 3. new text end

new text begin Length of prevention period; exception for uncontested dissolutions.
new text end

new text begin Except as otherwise provided in this subdivision, the prevention period required under this
section begins to run on the date of delivery of the notice under subdivision 2 and must last
at least two years. The dissolution prevention period and notice requirements do not apply
if the parties have executed a written stipulation agreeing to the dissolution of the marriage
and all of its terms and have established a parenting plan consistent with section 518.1705.
new text end

new text begin Subd. 4. new text end

new text begin Forms. new text end

new text begin The state court administrator shall prepare notice forms for
use under this section, which must be available to the public. The forms must include
information regarding marriage education and counseling resources for prevention of
marriage dissolutions.
new text end

new text begin Subd. 5. new text end

new text begin Optional filing. new text end

new text begin Either spouse may file a copy of the notice with the district
court, but the filing of a notice has no legal effect and is not a substitute for delivery to the
other spouse. The notices are not accessible to the public until a dissolution of marriage
petition for the parties is filed with the court.
new text end

Sec. 3.

Minnesota Statutes 2006, section 518.10, is amended to read:

518.10 REQUISITES OF PETITION.

The petition for dissolution of marriage or legal separation shall state and allege:

(a) the name, address, and, in circumstances in which child support or spousal
maintenance will be addressed, Social Security number of the petitioner and any prior or
other name used by the petitioner;

(b) the name and, if known, the address and, in circumstances in which child support
or spousal maintenance will be addressed, Social Security number of the respondent and
any prior or other name used by the respondent and known to the petitioner;

(c) the place and date of the marriage of the parties;

(d) in the case of a petition for dissolution, that either the petitioner or the respondent
or both:

(1) has resided in this state for not less than 180 days immediately preceding the
commencement of the proceeding, or

(2) has been a member of the armed services and has been stationed in this state for
not less than 180 days immediately preceding the commencement of the proceeding, or

(3) has been a domiciliary of this state for not less than 180 days immediately
preceding the commencement of the proceeding;

(e) the name at the time of the petition and any prior or other name, Social Security
number, age, and date of birth of each living minor or dependent child of the parties born
before the marriage or born or adopted during the marriage and a reference to, and the
expected date of birth of, a child of the parties conceived during the marriage but not born;

(f) whether or not a separate proceeding for dissolution, legal separation, or custody
is pending in a court in this state or elsewhere;

(g) in the case of a petition for dissolution, that there has been an irretrievable
breakdown of the marriage relationship;

(h) in the case of a petition for legal separation, that there is a need for a decree
of legal separation;

(i) any temporary or permanent maintenance, child support, child custody,
disposition of property, attorneys' fees, costs and disbursements applied for without setting
forth the amounts; deleted text begin and
deleted text end

(j) whether an order for protection under chapter 518B or a similar law of another
state that governs the parties or a party and a minor child of the parties is in effect and, if
so, the district court or similar jurisdiction in which it was entered new text begin ;
new text end

new text begin (k) in the case of a petition for dissolution where minor children are involved, that
the requirements of section 518.061 have been satisfied, including the date, method, and
address of delivery of the dissolution prevention notice and who delivered and received
the notice; and
new text end

new text begin (l) in the case of a petition for dissolution where minor children are involved, that
in the judgment of a licensed marriage and family therapist or a member of the clergy,
the parties have attended marriage and family counseling in good faith and have made a
reasonable effort to resolve their differences new text end .

The petition shall be verified by the petitioner or petitioners, and its allegations
established by competent evidence.

Sec. 4. new text begin FEDERAL GRANT APPLICATION.
new text end

new text begin The commissioner of health and human services must apply for grant funding
through the federal Healthy Marriage Initiative, or other relevant funding sources that
may become available, for the purpose of supporting marriage and family counseling for
couples in dissolution prevention that are unable to afford those services.
new text end