Legal Question in Family Law in Minnesota
Can a divorce be overturned?
My husbands and my divorce was finalized by a misunderstanding. The divorce date was on the 15th and was not presented until the 20th, is the contract invalid? My husband and I do not want the divorce is ther anything we can do to undo it? If not, how long before we could be remrried?
Thank You!
2 Answers from Attorneys
Re: Can a divorce be overturned?
You may cancel the divorce at any time BEFORE the Judge signs a final order and it is entered.
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Re: Can a divorce be overturned?
I am assuming that what you are saying is that you had a marital termination agreement that was signed or read into the court record on the 15th, but then the judge did not sign the decree until the 20th. That's not illegal - it's the way it is almost always done. Paperwork takes time to work through the system.
If it's been signed by the judge but not yet entered by the court administrator's office, you might be able to head it off - but I seriously doubt it. Try calling the clerk of the judge who signed the decree.
Assuming that won't work, and it probably won't, as far as I know there is a two week waiting period in MN between the time you apply for a marraige license the the time you can get married. This wait can be waived by a court order if there is a good reason.
Maybe you should let this sit a while. I keep having the experience that, once divorce proceedings are started, reconciliations tend to be temporary. Go ahead and reconcile, but don't make it legal for a while. See if it takes.
Good luck.
This response is for general information purposes only and does not creat an attorney-client relationship. You are advised to seek the advice of the attorney of your choice concerning the details of your case.