SF 2382

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:36pm

A bill for an act
relating to marriage; requiring participation in a marriage dissolution education
program in marriage dissolution or legal separation proceedings involving minor
children; proposing coding for new law in Minnesota Statutes, chapter 518.

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

Section 1.

new text begin [518.159] MARRIAGE DISSOLUTION AND LEGAL SEPARATION
EDUCATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to marriage dissolution and legal
separation proceedings involving minor children.
new text end

new text begin Subd. 2. new text end

new text begin Participation requirements. new text end

new text begin (a) Service of a petition, counterpetition, or
answer in a marital dissolution or legal separation proceeding is not complete unless the
pleading is accompanied by an affidavit verifying that the serving party has completed a
marriage dissolution education program under this section. A court administrator must not
accept for filing a petition, joint petition or counterpetition, answer, marital termination
agreement, or stipulated judgment and decree unless it is accompanied by an affidavit
verifying that the filing party has, or, in the case of a joint petition, marital termination
agreement, or stipulated judgment and decree, both parties have, completed an online
marriage dissolution education program.
new text end

new text begin (b) The affidavit verifying completion of the marriage dissolution education program
must be in the following form:
new text end

new text begin "This certifies that .............. (party's name) has successfully completed the online
course .............. (course name), which qualifies as an online marriage dissolution
education program in accordance with Minnesota Statutes, section 518.159."
new text end

new text begin (c) The requirements of paragraph (a) are satisfied if a party includes an
accompanying affidavit verifying that it is not reasonably possible for the party to
complete the program and states the reason in the following form:
new text end

new text begin "I attest that it is not reasonably possible for me to complete the online parent
marriage dissolution education program for the following reason (check box that applies):
new text end

new text begin ( ) I cannot speak or read the languages in which qualifying programs are offered;
new text end

new text begin ( ) I do not have access to a private or library computer connected to the Internet; or
new text end

new text begin ( ) I am experiencing an emergency that requires me to file before I complete the
program. The emergency is: ..............................................................................."
new text end

new text begin Subd. 3. new text end

new text begin Program requirements. new text end

new text begin (a) The online program "Children in the Middle"
qualifies as an education program for purposes of this section. Other online programs
may qualify under this section, provided that the program is designed for parents who
are or may be seeking a marriage dissolution or legal separation and has demonstrated
scientific evidence of effectiveness in reducing parental conflict and improving children's
adjustment. Scientific evidence means controlled research that uses outcome measures
that have reliability and validity at a level that is conventionally accepted by experts in the
field. The program must also have evidence that it can be implemented in a way that is
consistent with the version that was evaluated. The program must provide information on:
new text end

new text begin (1) constructive parenting in the dissolution process, including risk factors for
families, how marriage dissolution affects children of different ages, and skills parents can
learn to diminish conflict and increase cooperation. This component of the program must
be aimed at increasing the parents' sensitivity to children's needs and at giving them skills
to improve their own and the children's adjustment to the breakup of the family;
new text end

new text begin (2) the legal process of marriage dissolution, including an overview of the
adversarial litigation process; the nature and availability of alternative processes such as
mediation, collaborative law and cooperative approaches, and restorative circles; and
the advantages and disadvantages of alternative processes, including available research
on the satisfaction levels, reduced conflict, and better parenting cooperation by parties
who avoid adversarial proceedings; and
new text end

new text begin (3) the option of reconciliation, including research on reconciliation among couples
considering marriage dissolution, the potential benefits of avoiding marriage dissolution,
ways that some couples have restored their marriages to health, and resources to assist
with reconciliation for interested couples.
new text end

new text begin (b) The qualification of programs other than "Children in the Middle" must be
determined by the Supreme Court, in consultation with scientific experts. Expenses for the
evaluation must be paid by the program requesting to be qualified under this section.
new text end

new text begin Subd. 4. new text end

new text begin Costs. new text end

new text begin Costs for taking the online program must be paid by each individual
taking the program. Individuals making less than 200 percent of the federal poverty
guideline are entitled to a waiver of the fee for the program. The education program is
responsible for determining if an individual is entitled to a fee waiver.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2010, and applies to
proceedings in which the initial petition is served on or after that date.
new text end