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SF 1966

as introduced - 87th Legislature (2011 - 2012) Posted on 03/02/2012 09:16am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to marriage; modifying grounds for marriage dissolution; requiring
two-year waiting period in certain instances; amending Minnesota Statutes 2010,
section 518.06, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 518.06, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Contested dissolutions involving minor children. new text end

new text begin (a) If a petition for
dissolution of a marriage is disputed by one of the parties and there is a minor child in the
home, the court may only grant a dissolution:
new text end

new text begin (1) following a two-year waiting period; 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 of one of the parties for a period of two years or more.
new text end

new text begin (b) Upon finding that a waiting period is required by this subdivision, the court
shall suspend all further proceedings on the matter until the waiting period has been
completed, except that the court may make temporary orders as provided in section
518.131. The waiting period commences on the date of the respondent's filing of an
answer or counterpetition to the petition.
new text end

new text begin (c) The court may grant a petition for dissolution immediately if, during a waiting
period otherwise required by this subdivision, the court finds that one of the grounds for
immediate dissolution listed in paragraph (a), clause (2), has occurred.
new text end

Sec. 2. new text beginEFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2012, and applies to petitions for dissolution of
marriage filed on or after that date.
new text end