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Richter v. Richter

Court of Appeals of Minnesota
625 N.W.2d 490 (Minn. Ct. App. 2001)


Facts

Kevin Richter (defendant) and Barbara Richter (plaintiff) were married. The Richters separated, and Barbara filed a petition for divorce based on an irretrievable breakdown of the marriage. Kevin contested the petition. Kevin argued that an irretrievable breakdown of the marriage had not occurred. Kevin also argued that marriage was a contract and that the state statute allowing divorce infringed upon Kevin’s right to contract in violation of the Contract Clause of the U.S. Constitution. At the divorce hearing, Barbara testified that the marriage had irretrievably broken down. Kevin did not participate in the hearing. The trial court granted Barbara’s petition for divorce. Kevin appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Shumaker, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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