There are times when a divorce does not end issues of property division, pension division, spousal maintenance, or legal and physical custody of children because of a change of circumstances. Should one or both parties not be honest in declaring marital and non-marital property, it may be necessary to address the non-declared property in a legal proceeding.
Questions to Ask About Post Decree Issues
How to file a post-decree Moton to enforce a divorce Order?
Both the forms and instructions on how to file this Motion are found on the Minnesota Judicial Branch’s website, which is https://www.mncourts.gov/GetForms.aspx. The forms are easy to use and can be filled out either by typing in the information into each separate form or legibly completing the forms by hand.
What does post-decree Motion mean?
Post decree means a judge has signed a divorce Decree, or final Order, granting a divorce. A person can file a post-decree Motion if a situation arises when one of the parties is not following the divorce Decree. A court hearing, or Motion hearing, is scheduled once the parties file the appropriate paperwork with the court and pay the required filing fee to allow them both to explain the conflict to a judge. That same judge after the hearing issues an Order within 90 days deciding if the divorce Decree is in fact being ignored and the violator’s consequences.
What happens if a divorce Decree is not followed?
A former spouse may file a post-decree Motion to obtain a court hearing to explain and show a judge how the other former spouse is not complying with a Divorce Decree. It can take several months to have a judge hear the Motion and for the judge to issue his or her ruling.
Are divorce Decrees final?
Yes, they are final once the 60-day period of time to appeal a divorce Decree has run.
How do I know if my divorce is final?
The attorney representing a divorcing spouse receives the divorce Decree, or final Order, via email. That attorney then is responsible for contacting his or her client to advise that client the divorce Decree was issued and the divorce was granted. The attorney mails or emails the client a copy of the Divorce Decree for his or her records. Court Administration is responsible for mailing or emailing the divorce Decree to any party who does not have an attorney.
The Minnesota Judicial Branch has a Register of Actions, or a history of each court case and what took place while the case was open, for every divorce case filed within Minnesota. A divorcing party can log onto the state’s webpage for their divorce case and check the case Register of Actions for this information.
If you would like more information about Post Decree Issues, please schedule an initial consultation appointment online and fill out the Consultation Intake Form.