Cooperative private divorce would let couples split on own terms

Married couples could end their marriages outside the court system with a new, cooperative private divorce program, under a bill sponsored by Rep. John Lesch (DFL-St. Paul).

Lesch told the House Civil Law and Data Practices Committee that HF1348 would mean the “greatest sea change in dissolution law since no-fault divorce” at an information-only hearing Tuesday.

Rep. John Lesch

Couples would initiate the process by filing an intent to divorce form at the Bureau of Mediation Services website. After a 90-day waiting period, they could complete an online declaration of divorce, and the bureau’s commissioner would issue a certificate of marital termination.  

Lesch said his own divorce, more than 10 years ago, started amicably, only to have mutual trust upended by the adversarial court system. His bill, he said, would allow couples to part ways without unnecessary damage to family relationships and finances.

Supporter Andy Dawkins, a former representative, predicted a “great debate” between advocates of “getting government out of people’s private lives” by way of a “healthier” divorce process, and others concerned the bill would bring about increased divorce, legal mistakes and constitutional issues.

“There is just no hope for this legislation passing constitutional muster,” said Michael D. Dittberner, a family law attorney — resulting in “thousands of divorce agreements becoming invalidated.”

Other testifiers expressed worry about how victims of domestic abuse would fare under the proposed system. Dawkins said courts could become involved at several junctures in the process if needed.

The companion, SF1361, sponsored by Senate President Sandy Pappas (DFL-St. Paul), awaits action by the Senate Judiciary Committee.