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The parties married in 1983 and W petitioned to dissolve the marriage in September 1999. H opposed W's attempts. to H moved to dismiss the proceeding, alleging, among other things, that (a) there was no irretrievable breakdown of the marriage; (b) marriage is a contract; and (c) the statutes allowing dissolution of a marriage infringed on the constitutional right to contract. At the final May 8 hearing, H asked for a continuance, the district court denied the request, H withdrew from the courtroom, and the district court took testimony from W. An amended judgment dissolving the parties' marriage was entered on May 26. H appealed.

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