Not exactly; mediated settlements do not become legally binding until they have been submitted to, and accepted by, the Court. The final product of mediation is a Memorandum of Agreement. This document memorializes all of your agreements and is the basis for your Marital Termination Agreement and Judgment and Decree. If unrepresented by attorneys, most of my clients choose to hire a neutral attorney (or scrivener) who completes all of the necessary legal documents and assists with the filing process. If either or both clients are represented, one of the attorneys may be selected for drafting the legal documents and the other attorney reviews everything for accuracy. A few of my clients choose to use the pro se forms available online through the MN District Courts website. At the conclusion of mediation, I will be able to help you determine the best option for your situation. It is important to know that even if your mediator is also an attorney, it is considered professionally unethical for a mediator to draft legal documents for his/her clients.
If your ex-spouse is ordered to pay a debt but doesn't pay it, the creditor may force you to pay it if you originally signed for the credit. This can happen no matter what the divorce decree says. If that happens, you can ask the court to order your ex-spouse to pay you back. The court can also find your ex-spouse in contempt of court for violating the court's order.
If you can afford an attorney, but don't know any, ask a friend who was satisfied with his or her attorney. You can also look in the yellow pages under "Attorneys." You can contact the local bar association's attorney referral service listed below. The Lawyer Referral Service can give you the name and telephone number of an attorney in private practice in your area who may be able to represent you. You may have to pay an initial fee for the first appointment with the attorney. You may be able to negotiate how much you will pay the attorney for representation in a divorce. Many attorneys will ask for payment of some money before the divorce is begun. This is called a retainer.
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Many lawyers charge a retainer fee of between $2,500 and $5,000 for average cases, and bill the client for services in addition to the time covered by the retainer. The retainer amount will be substantially more in complex cases, so the cost of mediation from beginning to end can be less than the combined retainer fees would be if the parties hired lawyers to handle the divorce.
Effective August 1, 2013, the law in Minnesota allows same sex couples to get married or divorced in this state. To file for divorce in Minnesota, at least one party must be living in Minnesota for at least 180 days before starting the divorce case. A same sex couple may also file for divorce in Minnesota if they got married in Minnesota on or after August 1, 2013, and each party to the marriage now lives in a state that does not allow the dissolution of the parties' same sex marriage. See Minn. Stat. § 518.07, subd. 2.