Family Law

FAMILY LAW
Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 107
mthugdahl@mnlsap.org


I. MARRIAGE PROCEDURES
Chapter 129 (SF 548)
Amends Minn. Stat. §§ 517.02; 517.03, subd. 2; 517.04; 517.05; 517.06; 517.07; 517.08, subds. 1a and 1b; 517.10; 517.101; and 517.130
Effective August 1, 2009

A. Application for Marriage License

1. Completion of Form if One Party is Absent
Allows the appearing party/applicant to complete the marriage license application if the other party/applicant is unable to appear in person. Requires the local registrar to send a copy of the information to the absent party/applicant, and prohibits release of the marriage license until the absent party/applicant returns a notarized form verifying the information.
Amends Minn. Stat. § 517.08, subd. 1b

2. Emergencies
Permits a district court judge, in emergency or extraordinary circumstances, to issue a license before expiration of the required five-day waiting period. Requires an application to waive the waiting period to be made on a new, statutorily-prescribed form.
Amends Minn. Stat. § 517.08, subd. 1b

3. Information Required
Requires, where a party/applicant does not have a Social Security number, to so certify. Expands the current law prohibiting a person with a felony conviction from changing surnames on the marriage license application to prohibit a change of any portion of the person's name. Eliminates the requirement to list any children of either party on application.
Amends Minn. Stat. § 517.08, subd. 1a

B. Authorization to Perform Marriages
Provides that persons must be at least 21 years old to have the legal authority to perform marriages.
Amends Minn. Stat. § 517.04

C. Capacity to Marry
Requires the legal custodial parent to consent to the marriage of a person between the ages 16 and 17. Requires completion of a statutory "marriage of a minor" form. Changes from the juvenile to the district court the venue for filing a marriage application and the new marriage of minor form.
Amends Minn. Stat. § 517.02

D. Credentials of Ministers Without License or Ordination
Requires ministers whose denomination does not issue credentials to file authority from the minister's spiritual assembly.
Amends Minn. Stat. § 517.05

E. Duties of the Person Solemnizing the Marriage

1. Number of Certificates Required
Reduces number of marriage certificates the person solemnizing a marriage is required to prepare and sign from three to one, and provides that the person file the sole certificate with the local registrar. Adds a requirement that the original marriage certificate must contain the parties' dates of birth.
Amends Minn. Stat. § 517.10

2. Responsibility to Provide Certificates and Request Copies
Relieves the person solemnizing a marriage of the responsibilities to: (1) provide one of the certificates to the parties; and (2) request a copy of the certificate for the parties.
Amends Minn. Stat. § 517.10 (providing certificate to parties)
Amends Minn. Stat. § 517.101 (requesting copies)


3. Delivery and Filing of Certificate to Local Registrar
Eliminates the possibility of a fine for the failure by the person solemnizing a marriage to deliver the certificate to the local registrar, but retains the penalty of a fine for the failure to file the certificate.
Amends Minn. Stat. § 517.13

F. Licenses
Clarifies that a marriage license obtained in any county in Minnesota is valid anywhere in the state. Requires the marriage to take place within the geographical borders of Minnesota.
Amends Minn. Stat. § 517.07

G. Required Filings
Shifts the repository of the statutorily required filings from the district court administrator to the local registrar of the county where: (1) the Department of Human Services must file a consent form allowing persons with developmental disability to marry; and (2) ministers must file credentials of license or ordination of ministers.
Amends Minn. Stat. § 517.03, subd. 2 (filing of DHS consent)
Amends Minn. Stat. § 517.05 (filing of minister credentials)

H. Solemnization
Prohibits solemnization of a marriage unless the person performing the ceremony is satisfied that, in addition to the existing requirement that there be no legal impediment to the marriage: (1) a marriage license has been obtained; and (2) the persons named on the license are the individuals present.
Amends Minn. Stat. § 517.06