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Minnesota Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: About legality of my divorce?

When I signed my divorce papers I was a vulnerable adult. Is that legal and do I have a certain amount of time to nullify it?

Robert Kane
Robert Kane
answered on Dec 17, 2024

An attempt to re-open a dissolution of marriage case most likely has to be done within one year. You don't state what your objective is. Do you want to remain married or want an opportunity to begin the process anew? It will certainly be challenging, time consuming and expensive.

Rob...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: Desperately needing help to contest an erroneous divorce judgment & pursue a domestic abuse case.

1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck &... View More

Robert Kane
Robert Kane
answered on Aug 9, 2024

Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the... View More

1 Answer | Asked in Divorce for Minnesota on
Q: Can a divorce be reversed that as rendered on a default judgement due to proper division of assets

The division of asset as listed nor properly divided. I was never given a copy of the divorce decree and zero asset where listed and no pension was granted on my behalf as it waws martial property.

Robert Kane
Robert Kane
answered on Jul 18, 2024

A default judgment can be set aside by the judge. Simply claiming the property wasn't properly divided may not be enough. The judge will need to know why you didn't do anything before now. If it is set aside, it begins anew.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: I am still on the mortgage that my X lives in after 15 years being divorced. This has caused me alot of emotional stres

Hard getting into a place when i show obligation to mortgage in a house i dont live.

I've lived with my kids, my sister etc. Is he in contempt of court ? can i sue him ? What can I do

Robert Kane
Robert Kane
answered on Jul 6, 2024

I have no doubt it is stressful. That is why I and other attorneys try to ensure everything is final (or easily finalized) when the judgment is signed. Did you have an attorney 15 years ago?

Obviously, you can try to convince him to take you off the mortgage yourself. You could hire an...
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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Domestic Violence for Minnesota on
Q: I need a lawyer for custody/divorce. Legal aid has refused to help. Can't afford private. Can the court appoint?

I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More

Robert Kane
Robert Kane
answered on Jul 4, 2024

In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: If my husband owned a business during our marriage do I have any claims to it
Robert Kane
Robert Kane
answered on Jun 3, 2024

Perhaps or perhaps not. It depends on numerous and various factors. The business could very well be martial property or it could be separate property depending on the situation. I apologize, but the fact your husband owned a business during your marriage is only the first thing to consider.... View More

2 Answers | Asked in Divorce and Family Law for Minnesota on
Q: Can I get help to divorce with no money in Minnesota?

I am a mother of 3 unemployed married 12 yrs, full time student, going through hardship (marriage) husband mistreating me and his family steeling my person documents for their own personal used. Told they brought me to the states. no family support cant do nothing family overseas. Been diagnosed... View More

T. Augustus Claus
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answered on Mar 1, 2024

In Minnesota, individuals facing financial difficulties, such as being unemployed and experiencing hardships like mistreatment within a marriage, can seek assistance for obtaining a divorce. Various resources are available, including legal aid organizations that offer free or low-cost legal... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I need help with my child custody case following divorce. My ex is withholding my children and belongings. Who can help?

I was left penniless and homeless in July 2023. I thought the judge would be fair so represented myself but my ex spent 40k on an attorney and the results are not great. He's now withholding my children and my belongings from me. I haven't spoken to my children in 4 months, and I was... View More

Robert Kane
Robert Kane
answered on Dec 9, 2024

For him to spend $40,000 on attorneys and you nothing seems unusual. I am sorry, but you cannot expect an attorney to donate > $40,000 in legal services to clean up this situation for you. I am not even sure how much can be done. I suggest you hire a lawyer to evaluate your situation to see... View More

1 Answer | Asked in Divorce for Minnesota on
Q: divorce decree signed and filed 2022 in Pine county mn- I was granted a portion of my husbands pension - qudro ordered

it is 2024 and he still hasn't stated the qudro - what can I do - we had no lawyers - he lives in MN I live in TX

Robert Kane
Robert Kane
answered on Nov 23, 2024

You will need to enforce the judgment like any other judgment. Was the QDRO signed by the judge or was it just mentioned in the settlement agreement? Without reading the judgment, I don't know you best course of action. My best regards.

1 Answer | Asked in Divorce for Minnesota on
Q: How is ESOP split in a MN divorce if my employer contribute 100% and I start3d it before I got married?

My esop growth has earned me nearly 4M over the last 25 years. At the time I was married, I had about 20k in it. Never put a penny into it. Is this an asset that is 100% mine or does this have to be split in a divorce?

Robert Kane
Robert Kane
answered on Oct 22, 2024

An attorney cannot provide a definitive answer in a free online Q and A. A recent court ruling may provide a change to the traditional distribution. The esop growth has earned nearly 4M over the last 25 years during the marriage. All property acquired by either spouse during the marriage is... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: Had court today 4 a motion 4 modification of an OFP. None of us were sworn in under oath. Was this a legal court case?
Robert Kane
Robert Kane
answered on Oct 1, 2024

If you were representing yourself, you don't get sworn as if you were as witness.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Minnesota on
Q: I'm just starting my divorce and moving to a new residence close to my current one.

Do I have to disclose my move to the judge and my soon to be ex before I'm moved into my new residence before the divorce is finalized?

Robert Kane
Robert Kane
answered on Aug 13, 2024

The court and other party need to be promptly informed of your change of address.

1 Answer | Asked in Divorce for Minnesota on
Q: How to do a Summary dissolution divorce in Minnesota?

I believe we check all the requirements to get a Summary Dissolution Divorce in Minnesota, the only concern is the amount of money in our joint account and the leased car we have. I would like some legal advice on it, thank you!

Robert Kane
Robert Kane
answered on Jun 13, 2024

Quite simply, you and your spouse will need to decide what is fair distribution.

1 Answer | Asked in Divorce for Minnesota on
Q: My wife and I have been divorced 20 years. Looking at old paperwork I realized she forged my signature on a loan. We had

to file bankruptcy before divorce was finalized. Can I go back to sue her? Jon

Robert Kane
Robert Kane
answered on Feb 16, 2024

Perhaps, but why didn't you notice this in the last twenty years? If you have always known of the loan, it probably much too late.

1 Answer | Asked in Divorce for Minnesota on
Q: My husband is fighting me for the house we share because I want a divorce is that fair

He was being abusive and threatening me for awhile until I got a restraining order against him

Robert Kane
Robert Kane
answered on Jan 8, 2024

Your husband may be entitled to an equitable share of the house.

1 Answer | Asked in Divorce, Banking and Family Law for Minnesota on
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up

When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund)

David H. Relkin
David H. Relkin
answered on Nov 2, 2023

He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him.... View More

1 Answer | Asked in Divorce for Minnesota on
Q: How are Motion for Temporary Relief hearings conducted?

I am filing a motion for temporary relief. The divorce papers are filed in Minnesota but I live in another state so it would be a hardship for me to attend the hearing.

Robert Kane
Robert Kane
answered on Oct 13, 2023

If it isn't a remote hearing, you can request one.

1 Answer | Asked in Divorce for Minnesota on
Q: Divorce case with house that was an inheritance.

My brother And his dad got his grandmother's house after she had passed. (Stated in her will) he then in turn had to buy out his father's half from him. yes it went though the court system for this. There is a loan on the home now under he and his soon to be x wife due to this. She moved... View More

Robert Kane
Robert Kane
answered on Oct 5, 2023

The house appears to be martial property, the inheritance is no longer relevant. Other factors may provide for another classification.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Can I ask that she take a lie detector test? Or anything . She uses this for leverage

If I'm being held in contempt for not providing all the ATM withdrawal dispositions. Why can't I ask the same?

Robert Kane
Robert Kane
answered on Oct 4, 2023

A lie detector test isn't worth a thing. You can request information as well. I am sorry, but it doesn't seem you have a good grasp of what is happening. The court has information on its website and the law library is a great resource. Obviously, an attorney would be advantageous.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My spouse is trying to get a protection order on me,went to court I requested a lawyer on my behalf and they denied me.

My wife was present and her lawyer and I was in jail for threatening her and next morning I was in court they got granted the order but I feel I was denied my rights and nobody cares.

Robert Kane
Robert Kane
answered on Sep 26, 2023

The United States and Minnesota Constitutions both establish the right to an attorney for anyone facing a charge punishable by “loss of liberty.” This would not apply to protective orders.

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