SF 883

as introduced - 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 covenant 
  1.3             marriages; amending Minnesota Statutes 1998, sections 
  1.4             517.08; and 517.10; proposing coding for new law in 
  1.5             Minnesota Statutes, chapters 517; and 518. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 517.08, is 
  1.8   amended to read: 
  1.9      517.08 [APPLICATION FOR LICENSE.] 
  1.10     Subd. 1a.  [REQUIRED INFORMATION.] Application for a 
  1.11  marriage license shall be made upon a form provided for the 
  1.12  purpose and shall contain the following information: 
  1.13     (1) the full names of the parties and the sex of each 
  1.14  party; 
  1.15     (2) their post office addresses and county and state of 
  1.16  residence; 
  1.17     (3) their full ages; 
  1.18     (4) if either party has previously been married, the 
  1.19  party's married name, and the date, place and court in which the 
  1.20  marriage was dissolved or annulled or the date and place of 
  1.21  death of the former spouse; 
  1.22     (5) if either party is a minor, the name and address of the 
  1.23  minor's parents or guardian; 
  1.24     (6) whether the parties are related to each other, and, if 
  1.25  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 laws in Minnesota 
  2.14  and jointly designate their marriage as either a "covenant 
  2.15  marriage" or a "standard marriage." 
  2.16     Subd. 1b.  [TERM OF LICENSE; FEE.] The court administrator 
  2.17  shall examine upon oath the party applying for a license 
  2.18  relative to the legality of the contemplated marriage.  If at 
  2.19  the expiration of a five-day period, on being satisfied that 
  2.20  there is no legal impediment to it, the court administrator 
  2.21  shall issue the license, containing the full names of the 
  2.22  parties before and after marriage, and county and state of 
  2.23  residence, with the district court seal attached, and make a 
  2.24  record of the date of issuance.  The license shall be valid for 
  2.25  a period of six months.  In case of emergency or extraordinary 
  2.26  circumstances, a judge of the district court of the county in 
  2.27  which the application is made, may authorize the license to be 
  2.28  issued at any time before the expiration of the five days.  The 
  2.29  court administrator shall collect from the applicant a fee of 
  2.30  $70 for a standard marriage or $15 for a covenant marriage for 
  2.31  administering the oath, issuing, recording, and filing all 
  2.32  papers required, and preparing and transmitting to the state 
  2.33  registrar of vital statistics the reports of marriage required 
  2.34  by this section.  If the license should not be used within the 
  2.35  period of six months due to illness or other extenuating 
  2.36  circumstances, it may be surrendered to the court administrator 
  3.1   for cancellation, and in that case a new license shall issue 
  3.2   upon request of the parties of the original license without 
  3.3   fee.  A court administrator who knowingly issues or signs a 
  3.4   marriage license in any manner other than as provided in this 
  3.5   section shall pay to the parties aggrieved an amount not to 
  3.6   exceed $1,000. 
  3.7      Subd. 1c.  [DISPOSITION OF LICENSE FEE.] Of the standard 
  3.8   marriage license fee collected pursuant to subdivision 1b, the 
  3.9   court administrator shall pay $55 to the state treasurer to be 
  3.10  deposited as follows: 
  3.11     (1) $50 in the general fund; 
  3.12     (2) $3 in the special revenue fund to be appropriated to 
  3.13  the commissioner of children, families, and learning for 
  3.14  supervised visitation facilities under section 119A.37; and 
  3.15     (3) $2 in the special revenue fund to be appropriated to 
  3.16  the commissioner of health for developing and implementing the 
  3.17  MN ENABL program under section 145.9255. 
  3.18     The $15 fee for a covenant marriage must be paid to the 
  3.19  state treasurer to be deposited in the general fund. 
  3.20     Subd. 4.  [COVENANT MARRIAGE.] If the parties applying for 
  3.21  a marriage license intend to enter into a covenant marriage 
  3.22  under sections 517.25 to 517.27, their application must also 
  3.23  include the following statement: 
  3.24     "We, [names of both parties], declare our intent to enter 
  3.25  into a covenant marriage and have attached to this application 
  3.26  the declaration of intent required by Minnesota Statutes, 
  3.27  section 517.26." 
  3.28     The parties must submit a signed declaration of intent that 
  3.29  complies with section 517.26. 
  3.30     A marriage license must indicate whether or not the 
  3.31  marriage will be a covenant marriage. 
  3.32     Sec. 2.  Minnesota Statutes 1998, section 517.10, is 
  3.33  amended to read: 
  3.34     517.10 [CERTIFICATE; WITNESSES.] 
  3.35     The person solemnizing a marriage shall prepare and sign 
  3.36  three certificates thereof.  Each certificate shall contain the 
  4.1   full names before and after marriage and county and state of 
  4.2   residences of the parties and the date and place of the 
  4.3   marriage.  If the parties have entered into a covenant marriage, 
  4.4   the certificate must indicate that fact.  Each certificate shall 
  4.5   also contain the signatures of at least two of the witnesses 
  4.6   present at the marriage who shall be at least 16 years of age.  
  4.7   The person solemnizing the marriage shall give each of the 
  4.8   parties one such certificate, and shall immediately make a 
  4.9   record of such marriage, and file one such certificate with the 
  4.10  court administrator of the district court of the county in which 
  4.11  the license was issued within five days after the ceremony.  The 
  4.12  court administrator shall record such certificate in a book kept 
  4.13  for that purpose. 
  4.14     Sec. 3.  [517.25] [COVENANT MARRIAGE.] 
  4.15     Subdivision 1.  [REQUIREMENTS.] A covenant marriage is a 
  4.16  marriage entered into by one male and one female who agree that 
  4.17  the marriage between them is a lifelong relationship.  Parties 
  4.18  to a covenant marriage must have received counseling emphasizing 
  4.19  the nature and purposes of marriage and its responsibilities.  
  4.20  Only when there has been a complete and total breach of the 
  4.21  marital covenant commitment, as provided in section 517.26, 
  4.22  paragraph (a), may the nonbreaching party seek a dissolution of 
  4.23  the marriage. 
  4.24     Subd. 2.  [PROCEDURE.] Parties may enter into a covenant 
  4.25  marriage by declaring their intent to do so on their application 
  4.26  for a marriage license, and executing a declaration of intent to 
  4.27  enter into a covenant marriage.  The application for a marriage 
  4.28  license and the declaration of intent must be filed with the 
  4.29  official who issues the marriage license.  The court 
  4.30  administrator or other official who issues the marriage license 
  4.31  must inform the parties of the exclusive grounds under law for 
  4.32  dissolving a covenant marriage or receiving a judgment of 
  4.33  separation. 
  4.34     Sec. 4.  [517.26] [DECLARATION OF INTENT.] 
  4.35     (a) A declaration of intent to enter into a covenant 
  4.36  marriage must contain the following recitation by the parties: 
  5.1      "A COVENANT MARRIAGE 
  5.2      We do solemnly declare that our marriage will be a covenant 
  5.3   marriage under Minnesota law and we agree to live together as 
  5.4   husband and wife as long as we both live.  We have chosen each 
  5.5   other carefully and told one another everything that could 
  5.6   adversely affect the decision to enter into this marriage.  We 
  5.7   have received premarital counseling on the nature, purposes, and 
  5.8   responsibilities of marriage.  We have read the Covenant 
  5.9   Marriage Act, and we understand that a covenant marriage is for 
  5.10  life.  If we experience marital difficulties, we will take all 
  5.11  reasonable efforts to preserve our marriage, including marital 
  5.12  counseling." 
  5.13     (b) A declaration of intent to enter into a covenant 
  5.14  marriage must include an affidavit by the parties that they have 
  5.15  received premarital counseling from a licensed or ordained 
  5.16  minister of any religious denomination, or a person authorized 
  5.17  to solemnize marriages by section 517.18, or a person authorized 
  5.18  to practice marriage and family therapy under section 148B.33.  
  5.19  The counseling must include a discussion of the seriousness of 
  5.20  covenant marriage, communication of the fact that a covenant 
  5.21  marriage is a commitment for life, and a discussion of the 
  5.22  obligation to seek marital counseling in times of marital 
  5.23  difficulties.  The affidavit must include or have attached to it 
  5.24  a signed statement from the counselor confirming that the 
  5.25  parties received the counseling required by this paragraph and 
  5.26  were given an informational pamphlet developed by the office of 
  5.27  the attorney general that provides a full explanation of the 
  5.28  terms and conditions of a covenant marriage. 
  5.29     (c) The declaration of intent to enter into a covenant 
  5.30  marriage must include the notarized signature of both parties 
  5.31  or, if one or both of the parties are minors, the notarized 
  5.32  written consent of those persons required to consent to or 
  5.33  authorize their marriage. 
  5.34     Sec. 5.  [517.27] [APPLICABILITY TO ALREADY MARRIED 
  5.35  COUPLES.] 
  5.36     Subdivision 1.  [PROCEDURES.] Married couples may execute a 
  6.1   declaration of intent to designate their marriage as a covenant 
  6.2   marriage.  The declaration of intent under subdivision 2 must be 
  6.3   presented to the officer who issued the couple's marriage 
  6.4   license and with whom the couple's marriage certificate is 
  6.5   filed.  If the couple was married outside of this state, a copy 
  6.6   of the foreign marriage certificate with the declaration of 
  6.7   intent attached must be filed with the officer who issues 
  6.8   marriage licenses in the county where the couple resides.  The 
  6.9   officer shall make a notation on the marriage certificate of the 
  6.10  declaration of intent of a covenant marriage and attach a copy 
  6.11  of the declaration to the certificate. 
  6.12     Subd. 2.  [CONTENTS OF DECLARATION OF INTENT.] (a) A 
  6.13  declaration of intent to designate a marriage as a covenant 
  6.14  marriage must contain a recitation by the parties to the 
  6.15  following effect: 
  6.16     "A COVENANT MARRIAGE 
  6.17     We do solemnly declare that our marriage is a covenant 
  6.18  marriage under Minnesota law and we agree to live together as 
  6.19  husband and wife as long as we both live.  We understand the 
  6.20  nature, purposes, and responsibilities of marriage.  We have 
  6.21  read the Covenant Marriage Act, and we understand that a 
  6.22  covenant marriage is for life.  If we experience marital 
  6.23  difficulties, we will take all reasonable efforts to preserve 
  6.24  our marriage, including marital counseling." 
  6.25     (b) A declaration of intent to designate a marriage as a 
  6.26  covenant marriage must include an affidavit by the parties that 
  6.27  they have discussed their intent to designate their marriage as 
  6.28  a covenant marriage with a licensed or ordained minister of any 
  6.29  religious denomination, a person authorized to solemnize 
  6.30  marriages by section 517.18, or a person authorized to practice 
  6.31  marriage and family therapy under section 148B.33, which 
  6.32  included a discussion of the obligation to seek marital 
  6.33  counseling in times of marital difficulties, and that they have 
  6.34  received an explanation of the exclusive grounds under law for 
  6.35  dissolving a covenant marriage or obtaining a judgment of 
  6.36  separation.  The affidavit must include or have attached to it a 
  7.1   signed statement from the counselor confirming that the parties 
  7.2   received the counseling required by this paragraph and were 
  7.3   given the information pamphlet developed by the office of the 
  7.4   attorney general that provides a full explanation of the terms 
  7.5   and conditions of a covenant marriage.  
  7.6      (c) The declaration of intent to designate a marriage as a 
  7.7   covenant marriage must include the notarized signature of both 
  7.8   parties. 
  7.9      Sec. 6.  [518.065] [GROUNDS FOR DISSOLUTION OR SEPARATION 
  7.10  OF COVENANT MARRIAGE.] 
  7.11     Subdivision 1.  [DISSOLUTION.] Notwithstanding any other 
  7.12  law to the contrary, a spouse to a covenant marriage may obtain 
  7.13  a judgment of dissolution only upon proof of any of the 
  7.14  following: 
  7.15     (1) the other spouse has committed adultery; 
  7.16     (2) the other spouse has committed a felony and has been 
  7.17  sentenced to death or imprisonment; 
  7.18     (3) the other spouse has abandoned the matrimonial domicile 
  7.19  for a period of one year and refuses to return; 
  7.20     (4) the other spouse has physically or sexually abused the 
  7.21  spouse seeking the dissolution or a child of one of the spouses; 
  7.22  or 
  7.23     (5) the spouses have been living separate and apart 
  7.24  continuously without reconciliation for a period of five years. 
  7.25     In addition, the counseling requirements of subdivision 3 
  7.26  apply. 
  7.27     Subd. 2.  [SEPARATION.] Notwithstanding any other law to 
  7.28  the contrary, a spouse to a covenant marriage may obtain a 
  7.29  judgment of separation only upon proof of any of the following: 
  7.30     (1) the other spouse has committed adultery; 
  7.31     (2) the other spouse has committed a felony and has been 
  7.32  sentenced to death or imprisonment; 
  7.33     (3) the other spouse has abandoned the matrimonial domicile 
  7.34  for a period of one year and refuses to return; 
  7.35     (4) the other spouse has physically or sexually abused the 
  7.36  spouse seeking the separation or a child of one of the spouses; 
  8.1      (5) the spouses have been living separate and apart 
  8.2   continuously without reconciliation for a period of two years; 
  8.3   or 
  8.4      (6) on account of habitual intemperance of the other 
  8.5   spouse, or domestic abuse perpetrated by the other spouse of 
  8.6   such a nature as to render their living together insupportable. 
  8.7      In addition, the counseling requirements of subdivision 3 
  8.8   apply. 
  8.9      Subd. 3.  [POSTMARITAL COUNSELING.] No party may file a 
  8.10  petition or pleading requesting a judgment of dissolution or 
  8.11  separation of a covenant marriage unless both parties have 
  8.12  completed at least a six-month marital counseling course that 
  8.13  emphasizes the principles of reconciliation.  The course must 
  8.14  include at least 60 hours of actual counseling time, consisting 
  8.15  of three months of individual counseling and three months of 
  8.16  counseling as a couple.  The counseling must be done by a 
  8.17  licensed or ordained minister of any religious denomination, a 
  8.18  person authorized to solemnize marriages under section 517.18, 
  8.19  or a person authorized to practice marriage and family therapy 
  8.20  under section 148B.33. 
  8.21     Sec. 7.  [518.066] [COURT JURISDICTION AND INCIDENTAL 
  8.22  RELIEF.] 
  8.23     Subdivision 1.  [JURISDICTION.] (a) A court, which is 
  8.24  competent to preside over dissolution proceedings, has 
  8.25  jurisdiction of an action for separation in a covenant marriage 
  8.26  if: 
  8.27     (1) one or both of the spouses are domiciled in this state 
  8.28  and the ground for separation was committed or occurred in this 
  8.29  state, or while the matrimonial domicile was in this state; or 
  8.30     (2) the ground for separation occurred elsewhere while 
  8.31  either or both of the spouses were domiciled elsewhere, provided 
  8.32  the person obtaining the separation was domiciled in this state 
  8.33  prior to the time the cause of action accrued, and is domiciled 
  8.34  in this state at the time the action is filed. 
  8.35     (b) An action for separation in a covenant marriage must be 
  8.36  brought in a county where either party is domiciled or in the 
  9.1   county of the last matrimonial domicile.  The venue provided in 
  9.2   this subdivision may not be waived and a judgment of separation 
  9.3   rendered by a court of improper venue is void. 
  9.4      Subd. 2.  [LIMITATION.] Judgments on the pleadings and 
  9.5   summary judgments may not be granted in any action for 
  9.6   separation in a covenant marriage. 
  9.7      Subd. 3.  [INCIDENTAL RELIEF.] In a proceeding for a 
  9.8   separation or dissolution of a covenant marriage, a court may 
  9.9   award a spouse all incidental relief otherwise available under 
  9.10  law. 
  9.11     Sec. 8.  [518.067] [PAMPHLET.] 
  9.12     By August 1, 1999, the attorney general shall issue an 
  9.13  informational pamphlet entitled "Covenant Marriage Act," 
  9.14  outlining in detail the consequences of entering into a covenant 
  9.15  marriage.  The informational pamphlet must be made available to 
  9.16  any counselor who provides marriage counseling pursuant to 
  9.17  section 517.25 or 517.26. 
  9.18     Sec. 9.  [EFFECTIVE DATE.] 
  9.19     Section 8 is effective the day following final enactment.