2003 Minnesota Statutes

     517.08 Application for license. 

    Subdivision 1.  Renumbered by amendment subds 1a,1b 

    Subd. 1a.  Application for a marriage license shall be made 
 upon a form provided for the purpose and shall contain the 
 following information: 

    (1) the full names of the parties and the sex of each 
 party; 

    (2) their post office addresses and county and state of 
 residence; 

    (3) their full ages; 

    (4) if either party has previously been married, the 
 party's married name, and the date, place and court in which the 
 marriage was dissolved or annulled or the date and place of 
 death of the former spouse; 

    (5) if either party is a minor, the name and address of the 
 minor's parents or guardian; 

    (6) whether the parties are related to each other, and, if 
 so, their relationship; 

    (7) the name and date of birth of any child of which both 
 parties are parents, born before the making of the application, 
 unless their parental rights and the parent and child 
 relationship with respect to the child have been terminated; 

    (8) address of the bride and groom after the marriage to 
 which the court administrator shall send a certified copy of the 
 marriage certificate; 

    (9) the full names the parties will have after marriage and 
 the parties' social security numbers.  The social security 
 numbers must be collected for the application but must not 
 appear on the marriage license; 

    (10) if one or both of the parties to the marriage license 
 has a felony conviction under Minnesota law or the law of 
 another state or federal jurisdiction, the parties shall provide 
 to the county proof of service upon the prosecuting authority 
 and, if applicable, the attorney general, as required by section 
 259.13; and 

    (11) notice that a party who has a felony conviction under 
 Minnesota law or the law of another state or federal 
 jurisdiction may not use a different surname after marriage 
 except as authorized by section 259.13, and that doing so is a 
 gross misdemeanor. 

    Subd. 1b.    Term of license; fee; premarital education. 
  (a) The court administrator shall examine upon oath the party 
 applying for a license relative to the legality of the 
 contemplated marriage.  If at the expiration of a five-day 
 period, on being satisfied that there is no legal impediment to 
 it, including the restriction contained in section 259.13, the 
 court administrator shall issue the license, containing the full 
 names of the parties before and after marriage, and county and 
 state of residence, with the district court seal attached, and 
 make a record of the date of issuance.  The license shall be 
 valid for a period of six months.  In case of emergency or 
 extraordinary circumstances, a judge of the district court of 
 the county in which the application is made, may authorize the 
 license to be issued at any time before the expiration of the 
 five days.  Except as provided in paragraph (b), the court 
 administrator shall collect from the applicant a fee of $80 for 
 administering the oath, issuing, recording, and filing all 
 papers required, and preparing and transmitting to the state 
 registrar of vital statistics the reports of marriage required 
 by this section.  If the license should not be used within the 
 period of six months due to illness or other extenuating 
 circumstances, it may be surrendered to the court administrator 
 for cancellation, and in that case a new license shall issue 
 upon request of the parties of the original license without 
 fee.  A court administrator who knowingly issues or signs a 
 marriage license in any manner other than as provided in this 
 section shall pay to the parties aggrieved an amount not to 
 exceed $1,000. 

    (b) The marriage license fee for parties who have completed 
 at least 12 hours of premarital education is $20.  In order to 
 qualify for the reduced fee, the parties must submit a signed 
 and dated statement from the person who provided the premarital 
 education confirming that it was received.  The premarital 
 education must be provided by a licensed or ordained minister or 
 the minister's designee, a person authorized to solemnize 
 marriages under section 517.18, or a person authorized to 
 practice marriage and family therapy under section 148B.33.  The 
 education must include the use of a premarital inventory and the 
 teaching of communication and conflict management skills.  

    (c) The statement from the person who provided the 
 premarital education under paragraph (b) must be in the 
 following form:  

    "I, (name of educator), confirm that (names of both 
 parties) received at least 12 hours of premarital education that 
 included the use of a premarital inventory and the teaching of 
 communication and conflict management skills.  I am a licensed 
 or ordained minister, a person authorized to solemnize marriages 
 under Minnesota Statutes, section 517.18, or a person licensed 
 to practice marriage and family therapy under Minnesota 
 Statutes, section 148B.33." 

    The names of the parties in the educator's statement must 
 be identical to the legal names of the parties as they appear in 
 the marriage license application.  Notwithstanding section 
 138.17, the educator's statement must be retained for seven 
 years, after which time it may be destroyed.  

    (d) If section 259.13 applies to the request for a marriage 
 license, the court administrator shall grant the marriage 
 license without the requested name change.  Alternatively, the 
 court administrator may delay the granting of the marriage 
 license until the party with the conviction: 

    (1) certifies under oath that 30 days have passed since 
 service of the notice for a name change upon the prosecuting 
 authority and, if applicable, the attorney general and no 
 objection has been filed under section 259.13; or 

    (2) provides a certified copy of the court order granting 
 it.  The parties seeking the marriage license shall have the 
 right to choose to have the license granted without the name 
 change or to delay its granting pending further action on the 
 name change request. 

    Subd. 1c.    Disposition of license fee.  (a) Of the 
 marriage license fee collected pursuant to subdivision 1b, 
 paragraph (a), $15 must be retained by the county.  The court 
 administrator must pay $65 to the commissioner of finance to be 
 deposited as follows: 

    (1) $50 in the general fund; 

    (2) $3 in the special revenue fund to be appropriated to 
 the commissioner of education for parenting time centers under 
 section 119A.37; 

    (3) $2 in the special revenue fund to be appropriated to 
 the commissioner of health for developing and implementing the 
 MN ENABL program under section 145.9255; and 

    (4) $10 in the special revenue fund to be appropriated to 
 the commissioner of economic security for the displaced 
 homemaker program under section 268.96. 

    (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 
 must be retained by the county.  The state court administrator 
 must pay $5 to the commissioner of finance to be distributed as 
 provided in paragraph (a), clauses (2) and (3). 

    Subd. 2.  Repealed, 1978 c 699 s 17 

    Subd. 3.  Repealed, 1978 c 699 s 17 

    HIST: (8569) RL s 3559; 1931 c 401 s 1; 1939 c 243 s 1; 1949 c 
 374 s 1; 1951 c 700 s 1; 1955 c 762 s 1; 1957 c 886 s 1; 1963 c 
 795 s 3; 1969 c 1145 s 3; 1973 c 725 s 73; 1975 c 52 s 3; 1977 c 
 441 s 2,3; 1978 c 674 s 42; 1978 c 730 s 2; 1978 c 772 s 7; 1981 
 c 360 art 2 s 43,44; 1983 c 262 art 1 s 6; 1983 c 312 art 3 s 
 3,4; 1984 c 654 art 5 s 54; 1Sp1985 c 9 art 2 s 95,96; 1Sp1985 c 
 14 art 9 s 75; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 282 
 art 2 s 187; 1989 c 335 art 4 s 98; 1992 c 464 art 1 s 47; 1995 
 c 257 art 4 s 11,12; 1997 c 162 art 2 s 26; 1997 c 203 art 5 s 
 37; art 6 s 34; art 10 s 3; 1998 c 254 art 2 s 59; 2000 c 311 
 art 3 s 4,5; 2000 c 444 art 2 s 14; 2001 c 7 s 84; 1Sp2001 c 10 
 art 2 s 81,82; 2003 c 112 art 2 s 50; 2003 c 128 art 12 s 3,4; 
 2003 c 130 s 12