Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

In Minnesota. My spouse and I did a online divorce. We

Customer Question
filled out the proper forms. We...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
1/25/2016
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

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.

Ask Your Own Family Law Question
Customer reply replied 2 years ago
no
Family Lawyer: Ely, Counselor at Law replied 2 years 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.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Ask Your Own Family Law Question
Family Lawyer: Ely, Counselor at Law replied 2 years 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!
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
103,583 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,583 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am a resident of Idaho, working overseas and living with
I am a resident of Idaho, working overseas and living with my wife. I need to get a divorce, can I get an Idaho divorce while living overseas … read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
185 satisfied customers
What should I do so I don't need to come to U.S. to divorce?
What should I do so I don't need to come to U.S. to divorce? http://www.mncourts.gov/GetForms.aspx?c=15&p=50 is the link you show me last time. But since I don't have kids, why I need to fill out Pare… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
185 satisfied customers
My pregnant wife left today ... she is 3 months pregnant
my pregnant wife left today ... she is 3 months pregnant cheated on me what are my rights? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
Wife is asking me to assume all debt in the divorce if she
Wife is asking me to assume all debt in the divorce if she signs her rights away from spousal support. She is currently on food stamps and medical. Makes $15-$16/h 40h/w. My understanding is that she … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My husband and I are living in CA, and are about to file for
My husband and I are living in CA, and are about to file for divorce. He wants to leave me with the house, and we will not be splitting it as community property. How do we do this? Is it as simple as … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
My ex and I already file divorce papers and we have agreed
My ex and I already file divorce papers and we have agreed on everything. I'm going to file form fl-141 with fl-144. Whats the next step to finalized the divorce?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife and I came to conclusion to start our divorce
Hello, my wife and I came to conclusion to start our divorce process. Since both of us are pretty busy during week I wonder whether some online options exist. Or may be even some JustAnswer lawyers co… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
We have placed post nuptusl agreement, but exhibit that
We have placed post nuptusl agreement, but exhibit that listed asets are missing. Both lawyers said, don't have. We are process of divorce. One's lawyer is trying to void post nup. because of missing … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My spouse and I signed a settlement agreement in florida, in
My spouse and I signed a settlement agreement in florida, in 2013. She did not fully comply with the settlement agreement. I recently got an email from her lawyer asking to sign a undisputed divorce a… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
In the state of WA, Someone committed to pay me, both verbally
In the state of WA, Someone committed to pay me, both verbally and in writing, as part of a broader agreement. She happens to be my ex wife, and we were married at the time, but we did not attach this… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
I am recently retired, have a pension, a house which is fully
I am recently retired, have a pension, a house which is fully paid, some money in the bank, a brokerage account and an IRA account. My wife is not working. I want to move to south and start a business… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
Im a U.S. Citizen who has lived in Belize and El Salvador
I'm a U.S. Citizen who has lived in Belize and El Salvador for 19 years, although I did not take residency in either place. I am in the process of receiving my legal citizenship in Belize. I want to f… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
I want to initiate a divorce. I have lived separate from my
I want to initiate a divorce. I have lived separate from my wife for more than 4 months now. I have no money to consult a lawyer and need help in planning what to do. A trusted advisor recommends usin… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
have a signed, notarized separation agreement with my wife (we are still married)- dated 1
have a signed, notarized separation agreement with my wife (we are still married)- dated 1/20/09. she is reneging on one of the clauses (property taxes to be split 50/50),which we co-own. is this and … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My spouse and I are getting a no fault divorce in South Carolina.
My spouse and I are getting a no fault divorce in South Carolina. We have separated to full fill the 1 year separation requirement and do have a notarized marital settlement agreement. The agreement h… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
Im in the process of filling out the paperwork for my divorce.
I'm in the process of filling out the paperwork for my divorce. The divorce is uncontested, there are no minors involved, no real property. I owned the house prior to the marriage, and there has been … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
We are a long term marriage in california. I filed for legal
We are a long term marriage in california. I filed for legal separation. I gave my wife a large sum of cash in exchange of both of us agreeing that both of us will give up spouse support. In this case… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
This is concerning a divorce. I am in the military overseas,
This is concerning a divorce. I am in the military overseas, Japan, while my wife is in South Carolina, she keeps taking my money over what she is entitled to which is 1100 dollars per month. My quest… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x