Legal Question in Family Law in Minnesota
I initiated an OFP against my wife for assault, on the day of the scheduled hearing, she arrived with an attorney, her attorney approached me and asked me to drop the OFP and said she was more interested in mediation of parenting time. I responded and said I am continuing. she then handed me a summons and affadavit for dissolution of marriage. I signed for nothing. Minnesota requires a 30 day response in order to prevent a default hearing.
there is no case number on the paperwork i was handed. I checked and there is no court record on file as of 1-18-2010. My question is this: is the 30day timeframe valid without a proper filing to the courts? and was i properly served?
Chris
2 Answers from Attorneys
Minnesota has what is called "pocket service." This means a party can serve a complaint (or petition) to start the legal proceeds without filing anything with the courts. This was implemented, in part, to allow the parties the opportunity to settle their affairs without involving the courts. If you do not respond within the 30 days they can and will file at that time, including the request for a default judgment. Generally, any one over 18 and not a party to the action can serve a party. Attorneys do not generally serve the other party because if the service was contested they would have to testify, but it is probably effective service.
Yes, you have been served. In family law, many times there is not a court file open so there is no court file number on the Summons and Petition. Additionally, in a divorce, the Summons and Petition do not need to be filed immediately. You have 30 days to respond with a legal document called an "Answer;" otherwise, your wife can request a default divorce.
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