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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In Minnesota. My spouse and I did a online divorce. We

Customer Question

In Minnesota. My spouse and I did a online divorce. We filled out the proper forms.
We had them notarized and filed them with the court. Months later after our property was splint and both parties split and moved on. I received an email from a lawyer saying she was representing my wife. Attached was a new divorce agreement. They instructed me to sign and have it notarized and returned. Now I have to go to court next week. Is our original agreement enforceable
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me if after you filed the divorce papers, did the Judge sign a divorce decree order? Or, not? Or, not sure?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 10 months ago.
no
Expert:  Ely replied 10 months ago.

Thank you.

Then your divorce was never finalized. There is any number of reasons why this could have happened:

1) The paperwork was incorrect,

2) No proposed decree was sent for the Court to sign (the court will not draft its own decree, and requires the parties to submit a "proposed" order for signature),

3) The Court required an oral hearing before signing off on the decree,

4) Or, something else.

The point is, that the divorce was not finished. And if no movement was done on it in about 6 months, it may have been even dismissed.

I do not know whether what the attorney send you is part of the original divorce, or a new action since the original divorce was dismissed.

Regardless, the original petition you filed is likely not enforceable, I am afraid. The only way that it can be is if you and her signed any contract that stipulates what the two of you agree on (NOT the petition, but something else) that would act as a post-nuptial agreement - that would be binding (the divorce would still have to be pushed through, but at least the terms of that contract would then be enforceable).

Otherwise, this may be from scratch.

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Expert:  Ely replied 10 months ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question, or may have just forgotten to rate. Please let me know – I am simply touching base. Thanks!