cyber_green1
journeyman
Reged: 06/07/09
Posts: 83
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if I was serverd and countered, becouse of relgious reasons dont believe in divorce , if i never sign the final, go to pre-trial then trial , do i have to sign for divorce? live in MN
what do the actual laws say about one party not wanting the divorce , could not find anything about it anywere. I know its kind of strange, but what are the facts in this instance?
want to know what to tell the lawyer
thanks
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just sorta rambling, dont take my word for it I'm mostly wrong.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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if i never sign the final, go to pre-trial then trial , do i have to sign for divorce?
>>>>>>>>> No .
what do the actual laws say about one party not wanting the divorce , could not find anything about it anywere. I know its kind of strange, but what are the facts in this instance?
>>>> Minnesota Statutes
Subd. 2.Dispute over irretrievable breakdown.If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the commencement of the proceeding and the prospect of reconciliation, and shall make a finding whether the marriage is irretrievably broken.
A finding of irretrievable breakdown under this subdivision is a determination that there is no reasonable prospect of reconciliation. The finding must be supported by evidence that (i) the parties have lived separate and apart for a period of not less than 180 days immediately preceding the commencement of the proceeding, or (ii) there is serious marital discord adversely affecting the attitude of one or both of the parties toward the marriage.
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Careful. We don't want to learn from this.
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cyber_green1
journeyman
Reged: 06/07/09
Posts: 83
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so what i get out of that is
there could be mandatory marruge counceling or the procedings stopped if one party were to prove that there was not reasonable prospect of reconciliation (isnt there allways?)
or
that there were medical changes that would affect one that would cause - serious marital discord adversely affecting the attitude of one or both of the parties toward the marriage.
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just sorta rambling, dont take my word for it I'm mostly wrong.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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You would not have to "sign" for divorce and the udge would issue an order based on the facts and testimmony presented at trial. However, you could be required to pay the other parties' legal fees for dragging the matter out when no genuine dispute regarding terms exists.
If one party wants the divorce, the divorce proceeds forward and an objecting party cannotstop it. A court will not order counseling unless both parties agree it could be fruitful.
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andrei1007
recently joined
Reged: 08/24/09
Posts: 7
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There is actually an affordable alternative to hiring a divorce lawyer and that is seeking divorce mediation service from mediation providers and firms.
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Liaise Mediated Solutions
Edited by andrei1007 (08/24/09 03:36 AM)
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