Valerie Ann Downing Arnold’s Answers

Valerie Ann Downing Arnold

Minneapolis Divorce / Separation Lawyer.

Contributor Level 8
  1. How can I get a divorce if my wife is out of the USA?

    Answered almost 4 years ago.

    1. Valerie Ann Downing Arnold
    2. Eric Carlisle Nelson
    3. David Alexander Browde
    4. Brian Elliott Arnold
    4 lawyer answers

    You may file for divorce in the State of Minnesota if you have resided (or have been domiciled) in this state for at least 180 days. If you and your spouse are in agreement regarding the terms of your divorce, you can avoid having to serve your wife in Europe by filing a joint petition with your wife's signature and a waiver of counsel as applicable. If your spouse is not in agreement, it would be necessary to serve her abroad, which would include following the country-specific rules for...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. If I have no physical custody and 50% Legal custody can my ex move out of state with my son?

    Answered over 2 years ago.

    1. Valerie Ann Downing Arnold
    2. Christian Ryan Peterson
    3. Maury Devereau Beaulier
    4. Michael J Corbin
    4 lawyer answers

    Under Minnesota law, a custodial parent may not move a child out of state without the consent of the other parent or a court order. If the child is presently in Arizona, an action should be filed to obtain the child's return to Minnesota and enforce your parenting rights (assuming you have visitation rights) and/or request a change of physical custody. If the child is still present in Minnesota, you should notify the father that you oppose him moving the child out of state. If later he...

    1 lawyer agreed with this answer

  3. Is it possible to get legally married in the US before divorce is finalized in Europe?

    Answered over 3 years ago.

    1. Howard M Lewis
    2. Valerie Ann Downing Arnold
    2 lawyer answers

    The answer would depend upon the country in Europe and the procedural status of his divorce case there. In some countries, the issue of the dissolution of the bonds of matrimony will be treated separately from the substantive issues of the divorce such as property division or child custody. If the bonds of matrimony have not been dissolved, the U.S. marriage would not be valid. A consultation with your boyfriend's attorney in Europe and local counsel in Minnesota would be recommended to...

    1 lawyer agreed with this answer

  4. Can I have a child custody case held in Minnesota when the mother who is primary care giver has moved to Iowa?

    Answered about 4 years ago.

    1. Valerie Ann Downing Arnold
    1 lawyer answer

    If no child custody or parenting time order has been previously issued in Minnesota regarding your daughter, Iowa would have jurisdiction over custody and parenting time rights. In initial custody and parenting time cases, jurisdiction is determined based upon where the child has been living for the past six months. Based upon your question, it appears that your child has been living in Iowa for the past eighteen months. Therefore, Iowa is the "home state" of your daughter and the proper...

    1 lawyer agreed with this answer

  5. What do i do if I feel that my lawyer is not fighting to get me the best outcome in our custody/divorce proceedings

    Answered over 4 years ago.

    1. Valerie Ann Downing Arnold
    1 lawyer answer

    It is highly unprofessional to belittle a client's concerns or to "brush off" a client. If your current attorney is not taking your concerns seriously or is not advocating for the custody/parenting position that you want, you should consider obtaining a second opinion about your case, hiring a different attorney, or, at a minimum, explaining your dissatisfaction to your current attorney and demanding that he change how he is handling your case. While it is the attorney's role to provide...

    2 people marked this answer as helpful

  6. Heading to court for temporary hearing RE: Child Custody

    Answered over 4 years ago.

    1. Valerie Ann Downing Arnold
    2. Patrick Joseph Casey
    2 lawyer answers

    Based upon the information you provided, the attorney's statement to your daughter was certainly unprofessional and inappropriate. In terms of whether you may attend your daughter's hearing, in general, custody hearings are open to the public. With that said, attorneys sometimes recommend that no third parties attend for a variety of reasons. The attorney may have valid reasons for not wanting third parties in attendance. Before making the decision whether or not to attend, it would be...

    2 people marked this answer as helpful

  7. If I am currently living in Colombia and plan to divorce, will USA recognize it as legal?

    Answered over 3 years ago.

    1. Valerie Ann Downing Arnold
    1 lawyer answer

    Provided there are no challenges to due process or notice, foreign decrees may be recognized in the U.S. under the doctrine of comity. In Minnesota, a party may petition for recognition through the family court with a certified and translated copy of the decree. If your former spouse does not object to the registration process, it can be accomplished through a joint petition, which would be the fastest and most cost-effective means to accomplish the registration. If you do not plan to reside...

    1 person marked this answer as helpful

  8. Want to get grandparents custody of 2 girls living in texas

    Answered about 4 years ago.

    1. Valerie Ann Downing Arnold
    2. Kristi Ann Fox
    2 lawyer answers

    Based upon the information that you provided, the Texas courts would have jurisdiction to determine custody and placement of the children. A family law attorney in Texas should be able to advise you on how to proceed to pursue custody of the children under Texas law.

    1 person marked this answer as helpful

  9. Can I petition for divorce if my husband refuses to officially file a lawsuit he brought against me for divorce?

    Answered over 4 years ago.

    1. Valerie Ann Downing Arnold
    2. Alan James Brinkmeier
    3. Donald Lamar Cobb
    3 lawyer answers

    It may be possible to simply pay the filing fee and file your Answer and Counter Petition with the court to have the case proceed. Unless the district court administrator has an objection to accepting the filing, this may be sufficient to get your case started. Alternatively, you could serve him with the Summons and Petition for your own case and reference the fact that he initiated but abandoned the previous Petition for Dissolution. Good luck.

    1 person marked this answer as helpful

  10. How do i cancel my i-130 i filed for my husband in India. I am a U.S. citizen.

    Answered about 4 years ago.

    1. Valerie Ann Downing Arnold
    2. Nicklaus James Misiti
    2 lawyer answers

    In response to your question on getting a divorce, you may file for divorce in the State of Minnesota if you have maintained Minnesota as your legal residence or domicile for at least 180 days prior to starting your divorce action. Only one party needs to meet the residency/domicile requirement to initiate a divorce action in Minnesota. However, if your case involves property, support, or child-related issues, the jurisdictional issues may be more complex. If the divorce is uncontested, it...

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