Legal Question in Family Law in Minnesota
I have a mental illness that is not well controlled. My husband filed for divorce against me in 2010 and because of extreme delusions and a manic state I did not fight the divorce. He got everything but a mini van. Three years later we remarried and now he wants a divorce again. He says all property is his because of the first divorce. Do I have any legal recourse, note neither party after the divorce married another party.
1 Answer from Attorneys
The answer is probably not.
First, the first divorce established the rights of the parties. If you wished to contest hat divorce, you had to appear in the proceedings,. If you did not do so, you can file to reopen the case, but, in most instances, that must be done within one year fro the date of the entry of the divorce decree.
Second, when your remarried, a new relationship started. In any divorce presently, the parties would divide any property , equity or debt accrued during the marriage. Any property that you had before the marriage (even that awarded in the prior divorce) would be non--marital.
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