reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 517 — Civil Marriage › Section 517.18 — Civil Marriage Solemnization.

517.18 CIVIL MARRIAGE SOLEMNIZATION.
Subdivision 1.
Friends or Quakers.
All civil marriages solemnized among the people called Friends or Quakers, in the form heretofore practiced and in use in their meetings, shall be valid and not affected by any of the foregoing provisions. The clerk of the meeting in which such civil marriage is solemnized, within one month after any such civil marriage, shall deliver a certificate of the same to the local registrar of the county where the civil marriage took place, under penalty of not more than $100. Such certificate shall be filed and recorded by the court administrator under a like penalty. If such civil marriage does not take place in such meeting, such certificate shall be signed by the parties and at least six witnesses present, and shall be filed and recorded as above provided under a like penalty.
Subd. 2.
Baha'i.
Civil marriages may be solemnized among members of the Baha'i faith by the chair of an incorporated local Spiritual Assembly of the Baha'is, according to the form and usage of such society.
Subd. 3.
Hindus; Muslims.
Civil marriages may be solemnized among Hindus or Muslims by the person chosen by a local Hindu or Muslim association, according to the form and usage of their respective religions.
Subd. 4.
American Indians.
Civil marriages may be solemnized among American Indians according to the form and usage of their religion by an Indian Mide' or holy person chosen by the parties to the civil marriage.
Subd. 5.
Construction of section.
Nothing in subdivisions 2 to 4 shall be construed to alter the requirements of section 517.01, 517.09 or 517.10.
History:
(8578) RL s 3567; 1947 c 66 s 1; 1967 c 247 s 1; 1976 c 11 s 1; 1979 c 243 s 12; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2004 c 273 s 9; 2013 c 74 s 9
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 517 — Civil Marriage › Section 517.20 — Application.

517.20 APPLICATION.
Except as provided in section 517.03, subdivision 1, paragraph (b), all marriages contracted within this state prior to March 1, 1979 or outside this state that were valid at the time of the contract or subsequently validated by the laws of the place in which they were contracted or by the domicile of the parties are valid in this state.
History:
1978 c 772 s 15; 1997 c 203 art 10 s 4
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 517 — Civil Marriage › Section 517.201 — Relationship To Other Law; Rules Of Construction.

517.201 RELATIONSHIP TO OTHER LAW; RULES OF CONSTRUCTION.
Subdivision 1.
Religious freedom; Human Rights Act.
(a) This chapter does not alter or affect the protections or exemptions provided in chapter 363A for a religious association, educational institution, business, labor organization, place of public accommodation, employer, or other person.
(b) This chapter must not be construed to affect the manner in which a religious association, religious corporation, or religious society that is not organized for private profit, or an institution organized for educational purposes that is operated, supervised, or controlled by a religious association, religious corporation, or religious society that is not organized for private profit, provides adoption, foster care, or social services, if that association, corporation, society, or educational institution does not receive public funds for that specific program or purpose.
Subd. 2.
Rules of construction.
When necessary to implement the rights and responsibilities of spouses or parents in a civil marriage between persons of the same sex under the laws of this state, including those that establish parentage presumptions based on a civil marriage, gender-specific terminology, such as "husband," "wife," "mother," "father," "widow," "widower," or similar terms, must be construed in a neutral manner to refer to a person of either gender.
History:
2013 c 74 s 6
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 517 — Civil Marriage › Section 517.23 — Meaning Of Civil Marriage.

517.23 MEANING OF CIVIL MARRIAGE.
Wherever the term "marriage," "marital," "marry," or "married" is used in Minnesota statute in reference to the rights, obligations, or privileges of a couple under law, the term includes civil marriage, or individuals subject to civil marriage, as established by this chapter. A term subject to this definition must also be interpreted in reference to the context in which it appears, but may not be interpreted to limit or exclude any individual who has entered into a valid civil marriage contract under this chapter.
History:
2013 c 74 s 7
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.005 — Rules Governing Proceedings; Formal Requirements; Fee.

518.005 RULES GOVERNING PROCEEDINGS; FORMAL REQUIREMENTS; FEE.
Subdivision 1.
Applicable.
Unless otherwise specifically provided, the Rules of Civil Procedure for the district court apply to all proceedings under this chapter.
Subd. 2.
Title.
A proceeding for dissolution of marriage, legal separation, or annulment shall be entitled "In re the Marriage of .......... and .......... ." A custody or support proceeding shall be entitled "In re the (Custody) (Support) of .......... ."
Subd. 3.
Names of pleadings.
The initial pleading in all proceedings under this chapter shall be denominated a petition. A responsive pleading shall be denominated an answer. Other pleadings shall be denominated as provided in the Rules of Civil Procedure.
Subd. 4.
Decree; judgment.
In this chapter and chapter 518A, "decree" includes "judgment."
Subd. 5.
Prohibited disclosure.
In all proceedings under this chapter and chapter 518A in which public assistance is assigned under section 256.741 or the public authority provides services to a party or parties to the proceedings, the public authority shall not release private data on the location of a party to the action or the joint child if:
(1) the public authority has knowledge that one party is currently subject to a protective order with respect to the other party or the joint child and the protected party or guardian of the joint child has not authorized disclosure; or
(2) the public authority has reason to believe that the release of the information may result in physical or emotional harm to a party or the joint child.
Subd. 6.
Filing fee.
The first paper filed for a party in all proceedings for dissolution of marriage, legal separation, or annulment or proceedings to establish child support obligations shall be accompanied by a filing fee of $50. The fee is in addition to any other prescribed by law or rule.
History:
1978 c 772 s 16; 1979 c 50 s 66,67; 1979 c 259 s 3; 1997 c 203 art 6 s 35; 2005 c 164 s 3,29; 1Sp2005 c 7 s 28; 2006 c 280 s 9; 1Sp2020 c 2 art 5 s 92
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.01 — Void Marriages.

518.01 VOID MARRIAGES.
All marriages which are prohibited by section 517.03 shall be absolutely void, without any decree of dissolution or other legal proceedings; except if a person whose husband or wife has been absent for four successive years, without being known to the person to be living during that time, marries during the lifetime of the absent husband or wife, the marriage shall be void only from the time that its nullity is duly adjudged. If the absentee is declared dead in accordance with section 578.17, the subsequent marriage shall not be void.
History:
(8580) RL s 3569; 1937 c 407 s 2; 1963 c 795 s 4; 1974 c 107 s 2; 1974 c 447 s 3; 1978 c 772 s 17; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.02 — Voidable Marriages.

518.02 VOIDABLE MARRIAGES.
A marriage shall be declared a nullity under the following circumstances:
(a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity and the other party at the time the marriage was solemnized did not know of the incapacity; or because of the influence of alcohol, drugs, or other incapacitating substances; or because consent of either was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties;
(b) A party lacks the physical capacity to consummate the marriage by sexual intercourse and the other party at the time the marriage was solemnized did not know of the incapacity;
(c) A party was under the age for marriage established by section 517.02.
History:
(8581) RL s 3570; 1978 c 772 s 18
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.03 — Action To Annul; Decree.

518.03 ACTION TO ANNUL; DECREE.
An annulment shall be commenced and the complaint shall be filed and proceedings had as in proceedings for dissolution. Upon due proof of the nullity of the marriage, it shall be adjudged null and void.
The provisions of this chapter and chapter 518A relating to property rights of the spouses, maintenance, support and custody of children on dissolution of marriage are applicable to proceedings for annulment.
History:
(8582) RL s 3571; 1974 c 107 s 3; 1978 c 772 s 19; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.04 — Insufficient Grounds For Annulment.

518.04 INSUFFICIENT GROUNDS FOR ANNULMENT.
No marriage shall be adjudged a nullity on the ground that one of the parties was under the age of legal consent if it appears that the parties had voluntarily cohabited together as husband and wife after having attained such age; nor shall the marriage of any person who lacks the mental capacity to make decisions be adjudged void after restoration to reason, if it appears that the parties freely cohabited together as husband and wife after such restoration.
History:
(8583) RL s 3572; 1986 c 444; 2013 c 59 art 3 s 11
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.05 — Annulment; When To Bring.

518.05 ANNULMENT; WHEN TO BRING.
An annulment may be sought by any of the following persons and must be commenced within the times specified, but in no event may an annulment be sought after the death of either party to the marriage:
(a) for a reason set forth in section 518.02, clause (a), by either party or by the legal representative of the party who lacked capacity to consent, no later than 90 days after the petitioner obtained knowledge of the described condition;
(b) for the reason set forth in section 518.02, clause (b), by either party no later than one year after the petitioner obtained knowledge of the described condition;
(c) for the reason set forth in section 518.02, clause (c), by the underaged party, the party's parent or guardian, before the time the underaged party reaches the age at which the party could have married without satisfying the omitted requirement.
History:
(8584) RL s 3573; 1978 c 772 s 20; 1986 c 444
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.055 — Putative Spouse.

518.055 PUTATIVE SPOUSE.
Any person who has cohabited with another to whom the person is not legally married in the good faith belief that the person was married to the other is a putative spouse until knowledge of the fact that the person is not legally married terminates the status and prevents acquisition of further rights. A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance following termination of the status, whether or not the marriage is prohibited or declared a nullity. If there is a legal spouse or other putative spouses, rights acquired by a putative spouse do not supersede the rights of the legal spouse or those acquired by other putative spouses, but the court shall apportion property, maintenance, and support rights among the claimants as appropriate in the circumstances and in the interests of justice.
History:
1978 c 772 s 21; 1986 c 444
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.06 — Dissolution Of Marriage; Legal Separation; Grounds; Uncontested Legal Separation.

518.06 DISSOLUTION OF MARRIAGE; LEGAL SEPARATION; GROUNDS; UNCONTESTED LEGAL SEPARATION.
Subdivision 1.
Meaning and effect; grounds.
A dissolution of marriage is the termination of the marital relationship between a husband and wife. A decree of dissolution completely terminates the marital status of both parties. A legal separation is a court determination of the rights and responsibilities of a husband and wife arising out of the marital relationship. A decree of legal separation does not terminate the marital status of the parties. A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship.
A decree of legal separation shall be granted when the court finds that one or both parties need a legal separation.
Defenses to divorce, dissolution and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.
Subd. 2.
[Repealed, 1978 c 772 s 63]
Subd. 3.
Uncontested legal separation.
If one or both parties petition for a decree of legal separation and neither party contests the granting of the decree nor petitions for a decree of dissolution, the court shall grant a decree of legal separation.
History:
(8585) RL s 3574; 1909 c 443 s 1; 1927 c 304 s 1; 1933 c 262 s 1; 1933 c 324; Ex1933 c 78 s 1; 1935 c 295 s 1; 1941 c 406 s 1; 1951 c 637 s 1; 1969 c 764 s 1; 1971 c 177 s 1; 1974 c 107 s 4; 1978 c 772 s 22,23; 1979 c 259 s 4,5
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.07 — Residence Of Parties.

518.07 RESIDENCE OF PARTIES.
Subdivision 1.
General.
Except as provided in subdivision 2, no dissolution shall be granted unless:
(1) one of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or
(2) one of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding.
Subd. 2.
Action for dissolution by certain nonresidents.
(a) If neither party to the civil marriage is a resident of this state at the commencement of the proceeding, a court of this state has jurisdiction over the dissolution if:
(1) the civil marriage was performed in this state; and
(2) neither party to the civil marriage resides in a jurisdiction that will maintain an action for dissolution by the parties because of the sex or sexual orientation of the spouses.
(b) There is a rebuttable presumption that a jurisdiction will not maintain an action for dissolution if the jurisdiction does not recognize the civil marriage.
(c) An action for dissolution authorized by this subdivision must be adjudicated in accordance with the laws of this state.
History:
(8586) RL s 3575; 1974 c 107 s 5; 1978 c 772 s 24; 1979 c 259 s 6; 2013 c 74 s 8
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.09 — Proceeding; How And Where Brought; Venue.

518.09 PROCEEDING; HOW AND WHERE BROUGHT; VENUE.
A proceeding for dissolution or legal separation may be brought by either or both spouses and shall be commenced by personal service of the summons and petition venued in the county where either spouse resides. If neither party resides in the state and jurisdiction is based on the domicile of either spouse, the proceeding may be brought in the county where either party is domiciled. If neither party resides or is domiciled in this state and jurisdiction is premised upon one of the parties being a member of the armed services stationed in this state for not less than 180 days immediately preceding the commencement of the proceeding, the proceeding may be brought in the county where the member is stationed. This venue shall be subject to the power of the court to change the place of hearing by consent of the parties, or when it appears to the court that an impartial hearing cannot be had in the county where the proceedings are pending, or when the convenience of the parties or the ends of justice would be promoted by the change. No summons shall be required if a joint petition is filed.
History:
(8588) RL s 3577; 1931 c 226 s 1; 1974 c 107 s 6; 1978 c 772 s 25; 1979 c 259 s 7; 1981 c 349 s 3
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.091 — Summons; Temporary Restraining Provisions; Notice Regarding Parent Education Program Requirements.

518.091 SUMMONS; TEMPORARY RESTRAINING PROVISIONS; NOTICE REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS.
Subdivision 1.
Temporary restraining orders.
(a) Every summons must include the notice in this subdivision.
NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE
RESOLUTION PROVISIONS
UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS DISMISSED:
(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;
(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR BENEFICIARY DESIGNATION.
IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT TO SANCTIONS BY THE COURT.
(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER PROCEEDINGS.
(b) Upon service of the summons, the restraining provisions contained in the notice apply by operation of law upon both parties until modified by further order of the court or dismissal of the proceeding, unless more than one year has passed since the last document was filed with the court.
Subd. 2.
Parent education program requirements.
Every summons involving custody or parenting time of a minor child must include the notice in this subdivision.
NOTICE OF PARENT EDUCATION PROGRAM REQUIREMENTS
UNDER MINNESOTA STATUTES, SECTION 518.157, IN A CONTESTED PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR CHILD, THE PARTIES MUST BEGIN PARTICIPATION IN A PARENT EDUCATION PROGRAM THAT MEETS MINIMUM STANDARDS PROMULGATED BY THE MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE FIRST FILING WITH THE COURT. IN SOME DISTRICTS, PARENTING EDUCATION MAY BE REQUIRED IN ALL CUSTODY OR PARENTING PROCEEDINGS. YOU MAY CONTACT THE DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL INFORMATION REGARDING THIS REQUIREMENT AND THE AVAILABILITY OF PARENT EDUCATION PROGRAMS.
History:
1991 c 271 s 1; 1999 c 104 s 1; 2004 c 273 s 10
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.10 — Requisites Of Petition.

518.10 REQUISITES OF PETITION.
Subdivision 1.
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, Social Security number, 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;
(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; and
(j) whether an order for protection under chapter 518B or a similar law of another state that governs the parties or a party and a minor child of the parties is in effect and, if so, the district court or similar jurisdiction in which it was entered.
The petition shall be verified by the petitioner or petitioners, and its allegations established by competent evidence.
Subd. 2.
Social Security number document.
In proceedings where child support or spousal maintenance issues will be addressed, the petition under subdivision 1 must be accompanied by a separate document that contains the Social Security numbers of the petitioner and the respondent. The Social Security number document must be maintained in a portion of the court file or records that are not accessible to the general public.
History:
(8589) RL s 3578; 1955 c 688 s 1; 1974 c 107 s 7; 1978 c 772 s 26; 1979 c 259 s 8; 1983 c 308 s 14; 1991 c 161 s 2; 1997 c 203 art 6 s 36; 1997 c 239 art 7 s 7; 1999 c 245 art 7 s 7; 2008 c 315 s 22
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.11 — Service; Alternate Service; Publication.

518.11 SERVICE; ALTERNATE SERVICE; PUBLICATION.
(a) Unless a proceeding is brought by both parties, copies of the summons and petition shall be served on the respondent personally.
(b) When service is made out of this state and within the United States, it may be proved by the affidavit of the person making the same. When service is made without the United States it may be proved by the affidavit of the person making the same, taken before and certified by any United States minister, charge d'affaires, commissioner, consul or commercial agent, or other consular or diplomatic officer of the United States appointed to reside in such country, including all deputies or other representatives of such officer authorized to perform their duties; or before an officer authorized to administer an oath with the certificate of an officer of a court of record of the country wherein such affidavit is taken as to the identity and authority of the officer taking the same.
(c) If personal service cannot be made, the court may order service of the summons by alternate means. The application for alternate service must include the last known location of the respondent; the petitioner's most recent contacts with the respondent; the last known location of the respondent's employment; the names and locations of the respondent's parents, siblings, children, and other close relatives; the names and locations of other persons who are likely to know the respondent's whereabouts; and a description of efforts to locate those persons.
The court shall consider the length of time the respondent's location has been unknown, the likelihood that the respondent's location will become known, the nature of the relief sought, and the nature of efforts made to locate the respondent. The court shall order service by first class mail, forwarding address requested, to any addresses where there is a reasonable possibility that mail or information will be forwarded or communicated to the respondent or, if no address so qualifies, then to the respondent's last known address.
If the petitioner seeks disposition of real estate located within the state of Minnesota, the court shall order that the summons, which shall contain the legal description of the real estate, be published in the county where the real estate is located. The court may also order publication, within or without the state, but only if it might reasonably succeed in notifying the respondent of the proceeding. Also, the court may require the petitioner to make efforts to locate the respondent by telephone calls to appropriate persons. Service shall be deemed complete 21 days after mailing or 21 days after court-ordered publication.
History:
(8590) RL s 3579; 1909 c 434; 1913 c 57 s 1; 1974 c 107 s 8; 1978 c 772 s 27; 1994 c 630 art 12 s 2; 1997 c 9 s 5
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.12 — Time For Answering.

518.12 TIME FOR ANSWERING.
The respondent shall have 30 days in which to answer the petition. In case of service by publication, the 30 days shall not begin to run until the expiration of the period allowed for publication. In the case of a counterpetition for dissolution or legal separation to a petition for dissolution or legal separation, no answer shall be required to the counterpetition and the original petitioner shall be deemed to have denied each and every statement, allegation and claim in the counterpetition.
History:
(8591) RL s 3580; 1945 c 7 s 1; 1974 c 107 s 9; 1979 c 259 s 9
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.13 — Failure To Answer; Findings; Hearing.

518.13 FAILURE TO ANSWER; FINDINGS; HEARING.
Subdivision 1.
Default.
If the respondent does not appear after service duly made and proved, the court may hear and determine the proceeding as a default matter.
Subd. 2.
Dispute over irretrievable breakdown.
If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the commencement of the proceeding and the prospect of reconciliation, and shall make a finding whether the marriage is irretrievably broken.
A finding of irretrievable breakdown under this subdivision is a determination that there is no reasonable prospect of reconciliation. The finding must be supported by evidence that (i) the parties have lived separate and apart for a period of not less than 180 days immediately preceding the commencement of the proceeding, or (ii) there is serious marital discord adversely affecting the attitude of one or both of the parties toward the marriage.
Subd. 3.
Agreement over irretrievable breakdown.
If both parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding that the marriage is irretrievably broken.
Subd. 4.
Referee; open court.
The court or judge, upon application, may refer the proceeding to a referee to take and report the evidence therein. Hearings for dissolution of marriage shall be heard in open court or before a referee appointed by the court to receive the testimony of the witnesses, or depositions taken as in other equitable actions. However, the court may in its discretion close the hearing.
Subd. 5.
Approval without hearing.
Proposed findings of fact, conclusions of law, order for judgment, and judgment and decree must be submitted to the court for approval and filing without a final hearing in the following situations:
(1) if there are no minor children of the marriage, and (i) the parties have entered into a written stipulation, or (ii) the respondent has not appeared after service duly made and proved by affidavit and at least 20 days have elapsed since the time for answering under section 518.12 expired; or
(2) if there are minor children of the marriage, the parties have signed and acknowledged a stipulation, and all parties are represented by counsel.
Notwithstanding clause (1) or (2), the court shall schedule the matter for hearing in any case where the proposed judgment and decree does not appear to be in the best interests of the minor children or is contrary to the interests of justice.
History:
(8592) RL s 3581; 1974 c 107 s 10; 1978 c 772 s 28; 1979 c 259 s 10; 1991 c 271 s 2
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.14 — Costs And Disbursements; Attorney Fees; Collection Costs.

518.14 COSTS AND DISBURSEMENTS; ATTORNEY FEES; COLLECTION COSTS.
Subdivision 1.
General.
Except as provided in section 518A.735, in a proceeding under this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements in an amount necessary to enable a party to carry on or contest the proceeding, provided it finds:
(1) that the fees are necessary for the good faith assertion of the party's rights in the proceeding and will not contribute unnecessarily to the length and expense of the proceeding;
(2) that the party from whom fees, costs, and disbursements are sought has the means to pay them; and
(3) that the party to whom fees, costs, and disbursements are awarded does not have the means to pay them.
Nothing in this section or section 518A.735 precludes the court from awarding, in its discretion, additional fees, costs, and disbursements against a party who unreasonably contributes to the length or expense of the proceeding. Fees, costs, and disbursements provided for in this section and section 518A.735 may be awarded at any point in the proceeding, including a modification proceeding under sections 518.18 and 518A.39. The court may adjudge costs and disbursements against either party. The court may authorize the collection of money awarded by execution, or out of property sequestered, or in any other manner within the power of the court. An award of attorney's fees made by the court during the pendency of the proceeding or in the final judgment survives the proceeding and if not paid by the party directed to pay the same may be enforced as above provided or by a separate civil action brought in the attorney's own name. If the proceeding is dismissed or abandoned prior to determination and award of attorney's fees, the court may nevertheless award attorney's fees upon the attorney's motion. The award shall also survive the proceeding and may be enforced in the same manner as last above provided.
Subd. 2.
[Renumbered 518A.735]
History:
(8593) RL s 3582; 1955 c 687 s 1; 1974 c 107 s 11; 1978 c 772 s 30; 1986 c 444; 1990 c 574 s 10; 1993 c 340 s 20; 1994 c 630 art 11 s 5; 1997 c 187 art 2 s 10; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.145 — Decree, Finality And Reopening.

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
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.146 — Social Security Numbers; Tax Returns; Identity Protection.

518.146 SOCIAL SECURITY NUMBERS; TAX RETURNS; IDENTITY PROTECTION.
The Social Security numbers and tax returns required under this chapter and chapter 518A are not accessible to the public, except that they must be disclosed to the other parties to a proceeding as provided in section 518A.28.
History:
1999 c 227 s 20; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.148 — Certification Of Dissolution.

518.148 CERTIFICATION OF DISSOLUTION.
Subdivision 1.
Certificate of dissolution.
(a) The court must prepare 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. The court may direct an attorney or pro se party to prepare and submit the certificate of dissolution to the court.
(b) If a certificate of dissolution has not been prepared, either party may make a written request for a certificate of dissolution and the court shall approve a request pursuant to this section. The court may require the requesting party or their attorney to prepare the certificate of dissolution and submit the certificate to the court.
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) that the marriage of the parties is dissolved;
(4) the date of the judgment and decree; and
(5) if a name change has been granted, the former and the new name of the party whose name was changed through the dissolution.
Subd. 3.
Certification.
The certificate of dissolution shall be conclusive evidence of the facts recited in the certificate.
History:
1991 c 161 s 3; 1997 c 203 art 6 s 37; 2015 c 57 s 1
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.155 — Custody Determinations.

518.155 CUSTODY DETERMINATIONS.
Notwithstanding any law to the contrary, a court in which a proceeding for dissolution, legal separation, or child custody has been commenced shall not issue, revise, modify or amend any order, pursuant to sections 518.131, 518.165, 518.168, 518.17, 518.175 or 518.18, which affects the custody of a minor child or the parenting time of a parent unless the court has jurisdiction over the matter pursuant to the provisions of chapter 518D.
History:
1977 c 8 s 26; 1978 c 772 s 32; 1979 c 259 s 13; 1Sp1981 c 4 art 1 s 179; 1999 c 74 art 3 s 19; 2000 c 444 art 2 s 20; 2001 c 51 s 2
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.166 — Interviews.

518.166 INTERVIEWS.
The court may interview the child in chambers to ascertain the child's reasonable preference as to custodian, if the court deems the child to be of sufficient age to express preference. The court shall permit counsel to be present at the interview and shall permit counsel to propound reasonable questions to the child either directly or through the court. The court shall cause a record of the interview to be made and to be made part of the record in the case unless waived by the parties.
In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian requests, the court may seek the recommendations of professional personnel whether or not they are employed on a regular basis by the court. The recommendations given shall be in writing and shall be made available by the court to counsel upon request. Counsel may call for cross-examination of professional personnel consulted by the court.
History:
1978 c 772 s 36; 1979 c 259 s 16; 1986 c 444
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.168 — Hearings.

518.168 HEARINGS.
(a) Custody proceedings shall receive priority in being set for hearing.
(b) The court may tax as costs the payment of necessary travel and other expenses incurred by a person whose presence at the hearing the court deems necessary to determine the best interests of the child.
(c) The court without a jury shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interests, the court may exclude the public from a custody hearing, but may admit any person who has a direct interest in the particular case.
(d) If the court finds it necessary for the protection of the child's welfare that the record of an interview, report, investigation, or testimony in a custody proceeding be kept secret, the court may make an appropriate order sealing the record.
(e) At the first hearing or at an initial appearance before the court under this chapter, the court shall provide an information sheet to the parties explaining:
(1) in cases where alternative dispute resolution is required under General Rules of Practice, rule 310.01, that the parties have the choice of using alternative dispute resolution methods including mediation, arbitration, and other processes to resolve the divorce or custody matter;
(2) how mediation and other available forms of alternative dispute resolution for family law cases work;
(3) that the parties may choose which method of alternative dispute resolution to use; and
(4) that the court administrator is able to provide additional information about resources for alternative dispute resolution.
Each party who is present at the first hearing or at an initial appearance must receive a copy of the information sheet from the court.
(f) The state court administrator shall prepare an alternative dispute resolution information sheet that the court must use to satisfy the requirements of paragraph (e).
History:
1978 c 772 s 38; 2016 c 167 s 1
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.1752 — Grandparent Visitation.

518.1752 GRANDPARENT VISITATION.
In all proceedings for dissolution or legal separation, after the commencement of the proceeding or at any time after completion of the proceedings, and continuing during the minority of the child, the court may make an order granting visitation rights to grandparents under section 257C.08, subdivision 2.
History:
1971 c 172 s 1; 1974 c 107 s 15; 1978 c 772 s 40-42; 1979 c 259 s 18,19; 1982 c 537 s 1; 1986 c 406 s 3; 1986 c 444; 1988 c 668 s 14; 1989 c 248 s 4,5; 1990 c 574 s 15; 1993 c 62 s 2; 1993 c 322 s 9; 1994 c 631 s 31; 1995 c 257 art 1 s 20; 1996 c 391 art 1 s 1,2; 1997 c 239 art 7 s 8,9; 1997 c 245 art 2 s 2; 2000 c 444 art 1 s 4; art 2 s 26-31; 2001 c 51 s 8,17; 2002 c 304 s 13
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.176 — Judicial Supervision.

518.176 JUDICIAL SUPERVISION.
Subdivision 1.
Limits on parent's authority; hearing.
Except as otherwise agreed by the parties in writing at the time of the custody order, the parent with whom the child resides may determine the child's upbringing, including education, health care, and religious training, unless the court after hearing, finds, upon motion by the other parent, that in the absence of a specific limitation of the authority of the parent with whom the child resides, the child's physical or emotional health is likely to be endangered or the child's emotional development impaired.
Subd. 2.
Court order.
If both parents or all contestants agree to the order, or if the court finds that in the absence of the order the child's physical or emotional health is likely to be endangered or the child's emotional development impaired, the court may order the local social services agency or the department of court services to exercise continuing supervision over the case under guidelines established by the court to assure that the custodial or parenting time terms of the decree are carried out.
History:
1978 c 772 s 43; 1979 c 259 s 20; 1986 c 444; 1994 c 631 s 31; 2000 c 444 art 2 s 33; 2001 c 51 s 10
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.177 — Notification Regarding Deprivation Of Parental Rights Law.

518.177 NOTIFICATION REGARDING DEPRIVATION OF PARENTAL RIGHTS LAW.
Every court order and judgment and decree concerning custody of or parenting time or visitation with a minor child shall contain the notice set out in section 518.68, subdivision 2.
History:
1984 c 484 s 1; 1993 c 322 s 10; 2000 c 444 art 2 s 34
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.178 — Parenting Time And Support Review Hearing.

518.178 PARENTING TIME AND SUPPORT REVIEW HEARING.
Upon motion of either party, the court shall conduct a hearing to review compliance with the parenting time and child support provisions set forth in a decree of dissolution or legal separation or an order that establishes child custody, parenting time, and support rights and obligations of parents. The state court administrator shall prepare, and each court administrator shall make available, simplified pro se forms for reviewing parenting time and child support disputes. The court may impose any parenting time enforcement remedy available under sections 518.175 and 518.1751, and any support enforcement remedy available under chapter 518A.
History:
1999 c 196 art 1 s 4; 2000 c 444 art 2 s 35; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 517 - 519A — Domestic Relations › Chapter 518 — Marriage Dissolution › Section 518.1781 — Six-month Review.

518.1781 SIX-MONTH REVIEW.
(a) A request for a six-month review hearing form must be attached to a decree of dissolution or legal separation or an order that initially establishes child custody, parenting time, or support rights and obligations of parents. The state court administrator is requested to prepare the request for review hearing form. The form must include information regarding the procedures for requesting a hearing, the purpose of the hearing, and any other information regarding a hearing under this section that the state court administrator deems necessary.
(b) The six-month review hearing shall be held if any party submits a written request for a hearing within six months after entry of a decree of dissolution or legal separation or order that establishes child custody, parenting time, or support.
(c) Upon receipt of a completed request for hearing form, the court administrator shall provide notice of the hearing to all other parties and the public authority. The court administrator shall schedule the six-month review hearing as soon as practicable following the receipt of the hearing request form.
(d) At the six-month hearing, the court must review:
(1) whether child support is current; and
(2) whether both parties are complying with the parenting time provisions of the order.
(e) At the six-month hearing, the obligor has the burden to present evidence to establish that child support payments are current. A party may request that the public authority provide information to the parties and court regarding child support payments. A party must request the information from the public authority at least 14 days before the hearing. The commissioner of human services must develop a form to be used by the public authority to submit child support payment information to the parties and court.
(f) Contempt of court and all statutory remedies for child support and parenting time enforcement may be imposed by the court at the six-month hearing for noncompliance by either party pursuant to this chapter, chapters 518A and 588, and the Minnesota Court Rules.
(g) A request for a six-month review hearing form must be attached to a decree or order signed on or after January 1, 2007, that initially establishes child support rights and obligations.
History:
2005 c 164 s 4,29; 1Sp2005 c 7 s 26,28; 2006 c 280 s 20