Legal Question in Family Law in Minnesota

Dissolution not filed with courts


I was served a Petition for Dissolution of Marriage. I have no lawyer,so I needed to ask for a extention.I found that nothing has been filed with the courts. I did drop a letter to the petitioners attorney asking for more time to prepare my Answer and Counter petition. Am I still going to be concidered in default. Is it up to his attorney? Does it mean anything that he didnt file with the courts? What does it mean and, what should I do? So I am not in default.

Thabk you

Asked on 2/03/04, 5:34 am

2 Answers from Attorneys

Maury Beaulier Attorney at Law

Re: Dissolution not filed with courts

You have 30 days to respond to a Summons and Petition of Divorce. The opposing party, at his or her discretion, may agree to grant an extension of time in which to interpose and answer.

You should consult with and hire a lawyer as soon as possible. Although Court's are hesitant to grant default judgements, it can occur. For a consultation call us at 952.746.2153 or visit

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Answered on 2/03/04, 9:25 am
Michael Paul Cundy & Paul, L.L.C.

Re: Dissolution not filed with courts

Generally you would be entitled to notice of any default hearing that is scheduled. However, sometimes those notices don't get to where they need to be and it would be best to get confirmation in writing that you have been granted an extension by opposing counsel. If you would like to discuss your situation in further detail, please feel free to call 952-746-4111.

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Answered on 2/03/04, 11:19 am

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