Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 161-H.F.No. 71 
           An act relating to marriage dissolution; requiring 
          information; providing for the content and uses of a 
          certificate of dissolution; amending Minnesota 
          Statutes 1990, sections 259.10; and 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 1990, section 259.10, is 
amended to read: 
    259.10 [PROCEDURE.] 
    A person who shall have resided in this state for six 
months may apply to the district court in the county where the 
person resides to change the person's name, the names of minor 
children, if any, and the name of a spouse, if the spouse joins 
in the application, in the manner herein specified.  The person 
shall state in the application the name and age of the spouse 
and each of the children, if any, and shall describe all lands 
in the state in or upon which the person, the children and the 
spouse if their names are also to be changed by the application, 
claim any interest or lien, and shall appear personally before 
the court and prove identity by at least two witnesses.  If the 
person be a minor, the application shall be made by the person's 
guardian or next of kin.  The court shall accept the certificate 
of dissolution prepared pursuant to section 518.148 as 
conclusive evidence of the facts recited in the certificate and 
may not require the person to provide the court a copy of the 
judgment and decree of dissolution.  Every person who, with 
intent to defraud, shall make a false statement in any such 
application shall be guilty of a misdemeanor provided, however, 
that no minor child's name may be changed without both parents 
having notice of the pending of the application for change of 
name, whenever practicable, as determined by the court. 
    Sec. 2.  Minnesota Statutes 1990, 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 and address of the petitioner and any prior or 
other name used by the petitioner; 
    (b) The name and, if known, the address 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, 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; and 
    (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. 
    The petition shall be verified by the petitioner or 
petitioners, and its allegations established by competent 
evidence.  
    Sec. 3.  [518.148] [CERTIFICATION OF DISSOLUTION.] 
    Subdivision 1.  [CERTIFICATE OF DISSOLUTION.] An attorney 
or pro se party may prepare and submit to the court a separate 
certificate of dissolution to be attached to the judgment and 
decree at the time of granting the dissolution of marriage.  
Upon approval by the court and filing of the certificate of 
dissolution with the court administrator, the court 
administrator shall provide to any party upon request certified 
copies of the certificate of dissolution. 
    Subd. 2.  [REQUIRED INFORMATION.] The certificate shall 
include the following information: 
    (1) the full caption and file number of the case and the 
title "Certificate of Dissolution"; 
    (2) the names and any prior or other names of the parties 
to the dissolution; 
    (3) the names of any living minor or dependent children as 
identified in the judgment and decree; 
    (4) that the marriage of the parties is dissolved; and 
    (5) the date of the judgment and decree. 
    Subd. 3.  [CERTIFICATION.] The certificate of dissolution 
shall be conclusive evidence of the facts recited in the 
certificate. 
    Presented to the governor May 20, 1991 
    Signed by the governor May 23, 1991, 7:15 p.m.