Legal Question in Family Law in Minnesota
What does one do next after divorce settlement is in ?
The judge has returned is decision on a divorce settlement and we need to know what to do next when the atty. doesn't return our calls to inform us on how much time we have to sign that we agree with the decision or if we don't. If we would like to have another court referee review the 2 year process and re-evaluate it, how do we go about that? If the other party of the divorce rebuts it what are our options? What is the next step of the procedure?
3 Answers from Attorneys
Re: What does one do next after divorce settlement is in ?
From the date you receive notice of what judge has been assigned to review the recommended order of a family court referee, you have ten days to submit a memorandum about how you disagree with what the referee did. After that, starting on the day you are served a notice of filing of the order, there is a 90 day appeal period. The appeal would be to the court of appeals, and usually such an appeal would cost you big bucks.
I can't tell from your question which "two year process" you might be referring to.
Good luck.
This is for general information purposes only and does not create an attorney-client relationship. Consult a lawyer of your choice.
Re: What does one do next after divorce settlement is in ?
New Page 1
I do not understand
your question.
Appearance Before Judge
If you appeared before a Judge in a divorce trial and the Judge ruled on the issues, you have sixty days from the date of the Order to appeal.
Appearance Before Referee
Your question hints that you are required to sign something or agree to something. This leads me to suspect that a custody evaluation was performed and what you are referring to as an order is really a custody evaluation recommending a certain custody schedule. If that is correct, you may argue against the adoption of the evaluators recommendations in an evidentiary hearing (a trial). How that trial is scheduled may depend on the County you are in.
Custody Evaluation
If you appeared before a Referee on a divorce or divorce issues and the Referee issued an Order, you have ten days to seek a review of the Referee's Order by a Judge. You must then file a memorandum supporting your argument.
Click Here To Visit Us At
HTTP://www.divorceprofessionals.com
Re: What does one do next after divorce settlement is in ?
New Page 1
I do not understand
your question.
Appearance Before Judge
If you appeared before a Judge in a divorce trial and the Judge ruled on the issues, you have sixty days from the date of the Order to appeal.
Appearance Before Referee
Your question hints that you are required to sign something or agree to something. This leads me to suspect that a custody evaluation was performed and what you are referring to as an order is really a custody evaluation recommending a certain custody schedule. If that is correct, you may argue against the adoption of the evaluators recommendations in an evidentiary hearing (a trial). How that trial is scheduled may depend on the County you are in.�
Custody Evaluation
If you appeared before a Referee on a divorce or divorce issues and the Referee issued an Order, you have ten days to seek a review of the Referee's Order by a Judge. You must then file a memorandum supporting your argument.
Click Here To Visit Us At
HTTP://www.divorceprofessionals.com