Court of Appeals of Minnesota
625 N.W.2d 490 (Minn. Ct. App. 2001)
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
Holding and Reasoning (Shumaker, J.)
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