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Minnesota. There is a notice of a divorce case

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Hi, my name is*****...

Hi, my name is*****: What state are you in? It matters because laws vary by location.

Minnesota

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Yes

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There is a notice of a divorce case

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
11/28/2017
Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information 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. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Customer reply replied 7 months ago
I have been notified not officially by my husband of a divorce. When is this officially for the state of Minnesota? And I filed myself in the Netherlands for divorce but a couple days later than my husband. I am wondering how the law in Minnesota is dealing with 2 procedures?
Lawyer: Ely, Counselor at Law replied 7 months ago

Thank you. You are officially "served" when one of the following happens:

1) You sign a WAIVER stating that you do not need proper service. The waiver is then filed with the court; or

2) You are served in your country, and then under Hague convention rules, the service affidavit is forwarded back to the Court.

If you have knowledge of the suit, but have not been served, it is best to retain counsel in Minnesota to file an Answer. If you do not file a timely answer, you can DEFAULT and the case would be over before it begins. You can file an Answer even before being served. I say that because your husband may try to ask the Court for permission to serve you via substitution by claiming he cannot find you, and then the Court would allow a service via newspaper or last known address and it would count as proper. Once you do not reply, the Court will then consider DEFAULT.

Unfortunately, jurisdiction for a divorce - at least in MN - is a "race to the courthouse." Whoever files first in MN has jurisdiction. So for MN at least, the MN Court considers its case proper. I do not know what Dutch law says, but I imagine it is similar - since he filed first, I am guessing that the MN divorce controls in the Netherlands as well (but you may wish to confirm this with a Dutch attorney). If so, then the Dutch divorce would have to be dismissed and you'd continue on with the MN case.

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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.

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