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Are there any situations that will invalidate a Karon Waiver in Minnesota?

Minneapolis, MN |

I agreed to a Karon Waiver that has no restrictions as part of my divorce in 2004. There was never a trial and the attorney simply ran the documents through the court system in one day through an "expedited" process that took about 24 hours to complete. Therefore, it was never read to a judge and there was never any discovery about my ability to pay. Do I have any basis for going to court and trying to eliminate this waiver?

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Attorney answers 4

Posted

Hello. I am confused by one of your statements in your post which may be a simple misstatement. Regardless, you definitely need private attorney review and counsel regarding this matter. Karon waivers have, on occasion, been overturned by a higher court. The general principle is that a Karon waiver requires that the entire divorce agreement is fair and equitable, supported by consideration, and full financial disclosure of both parties has occurred. As a part of her/his work, the attorney you choose to assist you will focus close attention on all of the wording of the divorce decree itself, as well as confer with you about the entire facts and circumstances. All the best.

Tricia Dwyer, Esq., Divorce Law, Family Law, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666.

Posted

The language of the Waiver can be important. An attack could be made based on a significant and relevant fraud. You must consult with a lawyer regarding the specifics of your case.

CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com

Posted

A judge would have needed to sign off on the divorce decree. So far as I know, there is no "expedited" divorce that bypasses a judge's signature. Generally, a Karon waiver means it's final as the parties are effectively saying, "the court no longer will have authority to decide this issue in the future". It's possible, as counsel stated, that it could be attacked based on fraud, but honestly don't get your hopes up.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

Posted

Your post is quite confusing. First, there is no "expedited" process for a divorce. Even an administrative (paperwork only) divorce has to be reviewed by the judge and signed. There is no way a divorce was completed - filing to decree - in only 24 hours. As for the "Karon Waiver" - that is language that is put into a decree whereby both parties agree to waive spousal maintenance and to divest the court of jurisdiction to revisit the issue. While it would be possible to reverse this waiver, it would be very difficult to do so. Why would you want the waiver removed?

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