Bill Text: MN HF2962 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Marriage dissolution grounds modified, and two-year waiting period required in instances of contested dissolutions involving minor children.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2012-03-26 - Introduction and first reading, referred to Civil Law [HF2962 Detail]
Download: Minnesota-2011-HF2962-Introduced.html
1.2relating to marriage; modifying grounds for marriage dissolution; requiring
1.3two-year waiting period in certain instances; amending Minnesota Statutes 2010,
1.4section 518.06, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 518.06, is amended by adding a
1.7subdivision to read:
1.8 Subd. 4. Contested dissolutions involving minor children. (a) If a petition for
1.9dissolution of a marriage is disputed by one of the parties and there is a minor child in the
1.10home, the court may only grant a dissolution:
1.11(1) following a two-year waiting period; or
1.12(2) upon the court finding one or more of the following grounds:
1.13(i) adultery;
1.14(ii) domestic abuse as defined in section 518B.01, subdivision 2;
1.15(iii) a refusal to seek or comply with treatment or aftercare for chemical dependency
1.16when indicated by an evaluation; or
1.17(iv) desertion of one of the parties for a period of two years or more.
1.18(b) Upon finding that a waiting period is required by this subdivision, the court
1.19shall suspend all further proceedings on the matter until the waiting period has been
1.20completed, except that the court may make temporary orders as provided in section
1.21518.131. The waiting period commences on the date of the respondent's filing of an
1.22answer or counterpetition to the petition.
2.1(c) The court may grant a petition for dissolution immediately if, during a waiting
2.2period otherwise required by this subdivision, the court finds that one of the grounds for
2.3immediate dissolution listed in paragraph (a), clause (2), has occurred.
2.4 Sec. 2. EFFECTIVE DATE.
2.5Section 1 is effective August 1, 2012, and applies to petitions for dissolution of
2.6marriage filed on or after that date.
1.3two-year waiting period in certain instances; amending Minnesota Statutes 2010,
1.4section 518.06, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 518.06, is amended by adding a
1.7subdivision to read:
1.8 Subd. 4. Contested dissolutions involving minor children. (a) If a petition for
1.9dissolution of a marriage is disputed by one of the parties and there is a minor child in the
1.10home, the court may only grant a dissolution:
1.11(1) following a two-year waiting period; or
1.12(2) upon the court finding one or more of the following grounds:
1.13(i) adultery;
1.14(ii) domestic abuse as defined in section 518B.01, subdivision 2;
1.15(iii) a refusal to seek or comply with treatment or aftercare for chemical dependency
1.16when indicated by an evaluation; or
1.17(iv) desertion of one of the parties for a period of two years or more.
1.18(b) Upon finding that a waiting period is required by this subdivision, the court
1.19shall suspend all further proceedings on the matter until the waiting period has been
1.20completed, except that the court may make temporary orders as provided in section
1.21518.131. The waiting period commences on the date of the respondent's filing of an
1.22answer or counterpetition to the petition.
2.1(c) The court may grant a petition for dissolution immediately if, during a waiting
2.2period otherwise required by this subdivision, the court finds that one of the grounds for
2.3immediate dissolution listed in paragraph (a), clause (2), has occurred.
2.4 Sec. 2. EFFECTIVE DATE.
2.5Section 1 is effective August 1, 2012, and applies to petitions for dissolution of
2.6marriage filed on or after that date.
