Legal Question in Family Law in Minnesota
I filed for divorce in Dakota County, Minnesota on December 14, 2010. My husband and I went to an Initial Case Management Conference with a judge. We went to a Early Neutral Evaluation meeting, at which time we were able to agree on all the issues in our divorce. I created the paperwork to finalize our divorce and now my husband will not sign it. There is nothing in the paperwork he disagrees with, but he doesn't want to be divorced. Is there anything that I can do to get this divorce finalized?
2 Answers from Attorneys
Yes, there are options available to you but because of the complexity, I think you should contact an attorney who is familiar with the judges in Dakota County and schedule a consultation. Most attorneys will do a free consultation.
On the bright side, it seems you and your husband have agreed to most of the issues that need to be addressed in a dissolution proceeding. Unfortunately these agreements were made during the settlement process and they are probably not admissible in court. Hopefully he will not renege. At this time it appears that the only issue that needs to be addressed is whether there has been an irretrievable breakdown of the marriage relationship. In the vast majority of cases this is stipulated to by the parties. Ultimately this would be a finding of the court based on the facts. If your husband is unwilling to move on this issue you will need to prepare for trial and you will be better served if you hire an attorney. Best case scenario: the attorney contacts your husband and persuades him that it is not worth contesting the dissolution; he signs the documents; and they are filed with the court. Attorney fees would be fairly minimal. A possible worst case scenario: he sticks to his guns; everything is back on the table; and you are back to square one. Please call me for an initial consultation. I do practice in Dakota County.