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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

518.145 DECREE, FINALITY AND REOPENING.
    Subdivision 1. Appeal. A decree of dissolution of marriage or of legal separation is final
when entered, subject to the right of appeal. When entered, the findings of fact and conclusions of
law may constitute the judgment and decree. An appeal from the decree of dissolution that does
not challenge the finding that the marriage is irretrievably broken does not delay the finality of
that provision of the decree which dissolves the marriage beyond the time for appealing from
that provision. A party may remarry before the time for appeal has run if it is not contested that
the marriage is irretrievably broken or if a stipulation that the marriage is irretrievably broken
is incorporated in the decree of dissolution.
    Subd. 2. Reopening. On motion and upon terms as are just, the court may relieve a party
from a judgment and decree, order, or proceeding under this chapter, except for provisions
dissolving the bonds of marriage, annulling the marriage, or directing that the parties are legally
separated, and may order a new trial or grant other relief as may be just for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence which by due diligence could not have been discovered in
time to move for a new trial under the Rules of Civil Procedure, rule 59.03;
(3) fraud, whether denominated intrinsic or extrinsic, misrepresentation, or other misconduct
of an adverse party;
(4) the judgment and decree or order is void; or
(5) the judgment has been satisfied, released, or discharged, or a prior judgment and decree
or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable
that the judgment and decree or order should have prospective application.
The motion must be made within a reasonable time, and for a reason under clause (1), (2), or
(3), not more than one year after the judgment and decree, order, or proceeding was entered or
taken. A motion under this subdivision does not affect the finality of a judgment and decree or
order or suspend its operation. This subdivision does not limit the power of a court to entertain an
independent action to relieve a party from a judgment and decree, order, or proceeding or to grant
relief to a party not actually personally notified as provided in the Rules of Civil Procedure, or to
set aside a judgment for fraud upon the court.
History: 1978 c 772 s 31; 1979 c 259 s 12; 1981 c 349 s 4; 1988 c 668 s 11

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