All divorcing couples in Minnesota are subject the possibility of default hearing. This is true for a Dakota County divorce or any divorce in the state. What does this mean? Basically, if you fail to respond to the divorce paperwork which is served upon you by your spouse, you could be subject to the court entering a default against you. My answer: don’t ignore divorce paperwork.
As long as a Minnesota court has jurisdiction, the court can then proceed to equitably divide and distribute marital property, award maintenance and child support, and make decisions about real estate (your home). I say this because as long as somebody has filed the correct paperwork with the court, and the court has determined it can hear the case, then the court has the power to make decisions that effect your life. If you don’t like it – too bad.
Assuming you are properly served and given notice of the divorce, the court will proceed forward. Therefore, because the court has the power to make these decisions, the court will make a decision without your presence. Just because you don’t show up, doesn’t mean the court can’t do something.
Failure to respond to Dakota County divorce pleadings
In a court case, there are petitioners and respondents. The petitioner is the person who filed the divorce paperwork with the court. The respondent is the person on whom that paperwork is served.
If the respondent does not appear in court after proper service was made and proved, the court may hear the case and proceed on a default matter. Now, it is true that default proceedings are given close scrutiny by the court issuing the order as well as an appelate court (if necessary). The Minnesota court is supposed to make sure that the respondent’s intentions are not ignored. Good luck with that if you choose not to be there.
When service of process has been accomplished in a lawful manner, mistakes or “excusable neglect” are not typically excuses upon which the court will vacate an otherwise valid judgment or divorce decree.
No need for a default hearing in certain cases
There is no legal requirement for a default hearing or proceeding in several situations under Minnesota law:
- Where there are no minor children involved and there is a written stipulation (agreement) between the divorcing parties;
- Where the respondent has failed to answer the petition within twenty (20) days after an answer is due;
- Where there are minor children, and the parties have a written stipulation and are both represented by separate attorneys.
In these situations, the parties are not required to have a hearing before the court. The parties simply need to enter into a valid agreement and present it to the court. Of course, the court always has discretion as to whether to follow the agreement. If the court doesn’t like it – it can simply throw it out.
For further questions on default hearings or other information on divorces in Minnesota, contact the Joseph M. Flanders, an attorney in Apple Valley, MN.
There are certain things that can simplify the usual complications of divorce especially if an agreement will be made regarding the things that usually cause conflicts.