language to be deleted (2) new language
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.