Legal Question in Family Law in Minnesota

We need more time

My husband and I have a divorce hearing date scheduled 1/3/2001, however, we are not sure we are ready yet. We wrote our own divorce with consultation of a lawyer. I read some Q/A and noted a term-inactive. How do we do that and does it usually cost money? Is it easy to activate again? Is there a time limit? Who do we contact? Can I do it myself?


Asked on 12/20/00, 10:49 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: We need more time

In Minnesota you can stipulate to put the case on inactive status. This means the court file is set aside and taken out of the normal scheduling process which requires the case to move along according to a certain schedule. The case will stay inactive until either you or your spouse asks to have it put back on active status. It can be put back on active status either by motion or by agreement.

Yes you can do it yourself, at least in theory. As a practical matter, however, you need a lawyer to prepare the stipulation for you.

I suggest you find a lawyer who can do this limited service for you. He would be hired only for the purpose of drafting this document and would not sign it as attorney for either side. The fee for this should not be more than about $200.

Another alternative would be find a legal secretarial service to prepare the document. I don't recommend this. I have had to fix too many mistakes which have been made this way.

Good luck.

This is for general information purposes only and does not create an attorney-client relationship. You are advised to consult an attorney of your choice concerning the details of your case.

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Answered on 12/26/00, 12:24 pm


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