If you were served with a "Summons and Petition" (you are the Respondent), you should talk to an attorney before you sign the "Answer and Counterpetition," and before you sign a "Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree" (which is an agreement with your spouse on how to divide all assets and debts).
In most counties in the Twin Cities Metropolitan area, as well as now many out state counties, after the filing of a summons and petition, the next step in the process will be an appearance at an Initial Case Management Conference ("ICMC"). ICMC’s are aimed at trying to expedite the processing of divorce cases, and minimizing conflict and the expense associated when parties quickly resort to litigating (resorting to the lawyers and the courts to decide disputes) all issues. As soon as a party files the petition or answer with the court, your matter will be assigned to one judge or referee, who in many counties will be responsible for all aspects of your case until its conclusion. Typically within thirty days thereafter, the court will schedule the ICMC. Both lawyers and both parties must appear, and the vast majority of judges and referees (judicial officers) will not allow any motions, including temporary motions, to be filed until the ICMC takes place.
In reality, every divorce requires both formal legal procedures as well as some kind of settlement negotiations. In Minnesota, even if you prefer to litigate and leave every decision up to the judge, the rules require that before the Court will decide your case, parties must attempt resolution through some form of Alternative Dispute Resolution, of which mediation is still the most common. [1]
There are alternative dispute resolution (ADR) methods other than mediation.  Arbitration is an ADR where both sides agree that the neutral third person will decide the dispute.  In arbitration, both parties can agree whether or not the arbitration decision will be enforced by the court.  Arbitration might be used when you can't agree about the value of something and you're willing to let someone else, other than a judge, decide.
The Petitioner (filing party) may file a Petition for Dissolution of Marriage in the county where either party resides. If neither party resides in the state, and jurisdiction is based on the domicile of either spouse, the proceeding may be commenced in the county where either party is domiciled. If neither party resides or is domiciled in the state and jurisdiction is premised upon one of the parties being a member of the armed forces stationed in Minnesota for at least 180 days before filing, the proceeding may be commenced in the county where the service member is stationed.
If one of the parties is awarded ownership of the home or other real estate, the Judgment and Decree will describe exactly how the transfer is to happen.  Many times, the Judgment and Decree orders the other party to sign a Quit Claim Deed.  A Quit Claim Deed transfers his or her rights in the real estate to the party who was given the property.  The Quit Claim Deed and the Judgment and Decree are filed with the County Recorder or Registrar of Titles.  If the property is registered (called Torrens) property, the owner's duplicate certificate of title is needed.  The Quit Claim Deed and the Judgment and Decree are then "memorialized" by the Registrar of Titles and a new title issued.  If the Quit Claim Deed is not signed and provided, you should check with an attorney and/or the County Recorder or Registrar of Titles to find out what to do.

Lesa Koski iis a state qualified neutral who became interested in mediation during law school more than 15 years ago. Lesa grew up in the Stillwater and Woodbury area and now lives in Hudson, WI. After a successful Health Care and Elder Law career, she is thrilled to begin working in her area of passion, mediation. Lesa wholeheartedly believes in f ... more


Born and raised in Southeastern Minnesota, Karl has years of experience in general practice. He advises clients on a wide range of legal subjects including commercial and criminal law with special emphasis on family and bankruptcy law. His experience includes a focus on consumer bankruptcy proceedings for businesses and individuals wishing to alleviate the burden of unmanageable debt, as well as non-bankruptcy debt workouts. He has represented numerous individuals and business concerns guiding them from commencement of their bankruptcy case to their discharge, and other post-discharge issues. Karl also has focuses much of his practice on family law, including marital dissolutions, paternity,...
Mediation also allows couples to avoid the risks of trial, protects confidentiality, and decreases stressful conflict. Mediation may also protect the children of a marriage from the pain of parental conflict. Because the parties work to create their own agreements, couples who mediate their divorce settlement often find greater satisfaction than those who go to trial. Moreover, the couples learn skills to help them resolve future conflicts.

Often, spouses’ interests will overlap. This is especially likely if the interests involve a concern for other people, such as children. When an overlap like this occurs, it increases the likelihood of finding settlement options that address their common concerns. Of course, it’s not always possible to negotiate an agreement that satisfies fully all of the interests of the disputing parties. Some interests may have to be compromised, especially in divorce, where limited resources must be divided between two households. But if the focus is on identifying and addressing each person’s most important needs and interests, the resulting compromises will be ones that both spouses can live with.
Please note that we cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of LegalZoom's service. In some cases, a government backlog can lead to long delays before your process is complete. Similarly, LegalZoom does not guarantee the results or outcomes of the services rendered by our legal plan attorneys or attorney-assisted products. Problems like these are beyond our control and are not covered by this guarantee.
Hello, my name is Matt Majeski and I am the owner/operator at Majeski Law, LLC at 539 Bielenberg Drive, Suite 200, in Woodbury, Minnesota. I focus my work on divorce law and other family law issues. I serve across Minnesota, however the bulk of my practice works in the following five county area: Washington, Dakota, Anoka, Ramsey, and Chisago. Please check out my website at www.majeskilaw.com if you'd like more information. Thank you. I'm happy to give a free phone consultation to identify your situation, determine if Majeski Law can help you with your family...
If you cannot afford to pay an attorney, you may be able to get assistance from the legal services office in your area. A list of the legal aid offices in Minnesota begins on the next page. You must meet low-income guidelines to be eligible for legal services (legal aid).  You may be referred to a volunteer attorney program by the legal services office.

Minnesota Divorce and Family Mediation offers skilled guidance on all the important issues surrounding your divorce. The mediation process consists of guided sessions to determine how assets will be divided, discuss budgets and future financial needs, calculate child support and spousal maintenance (when necessary), and develop a parenting plan. Through mediation, couples maintain control over the important life decisions that need to be made during a divorce, while at the same time developing a new foundation for their future relationship with each other. By choosing this gentler approach to divorce, couples are more likely to be able to positively work together in the future; they are less likely to return to court for post-decree issues; and they are more fully prepared to move forward for a better tomorrow.


Attorney Andrew T. Poole practice in all areas of criminal defense and family law in Duluth, Minnesota. Mr. Poole graduated from law school in 2010 and moved to Duluth with his Duluth-native wife. Soon after moving to Duluth, Mr. Poole started his own law practice called Poole Law Office PLLC, which he operated until becoming a partner at LaCourse, Poole & Envall, P.A. in 2017. Mr. Poole's hard work and commitment to criminal defense and family law has earned him recognition as a Rising Star by Super Lawyers Magazine. He has also been named a Top...
If you and your ex-spouse agree to change custody of the children, you should make a motion to the court to change custody and support orders. Otherwise, you are still responsible for paying support to the other parent, even if you actually have custody of the children. Custody is sometimes changed if the custodial parent allows the children to live with the non-custodial parent for a much longer time than was ordered for parenting time.
All marriages prohibited by law shall be absolutely void, without any decree of dissolution or other legal proceedings, with the following exception. When a person who's husband or wife has been absent for four successive years, without being known to the person to be living during that time, marries during the lifetime of the absent husband or wife, the marriage shall be void only from the time that its nullity is adjudged. If the absentee is declared dead, the subsequent marriage shall not be void.
1. If custody or parenting time is in issue, don’t move out without first getting an enforceable written stipulation addressing custody and parenting time after the move-out. The key is to have in place at least an interim parenting time schedule which affords you at least as much parenting time as you hope to obtain through the court. Otherwise, the longer you acquiesce to a pattern of parenting time that is less than you desire, the more of an argument the other party will make of it against you. Often arguments like the following are heard:
Mediation offers a quite different approach to resolving conflicts between the parties. A neutral third party-the mediator- assists the parties in sorting out their affairs and comes to a mutual agreement in a confidential private format. Mediation is a solid option even for those that are having trouble with communication. It is a cost-effective process and it avoids the legal war of going to court.
When a problem must be settled before trial and the parties cannot agree, one of the parties may request a motion hearing before the court.   Motions may be used to ask the court to make the other party turn over evidence or to enforce the decisions made by the court in earlier orders.  Sometimes the temporary relief order must be changed when there has been a change in the facts or an important problem was overlooked at the first hearing.

People often ask, “Does mediation really work?” In a word, yes. We know from years of research that when you compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.
If you or your children have been hurt or threatened by your spouse, the court cannot make you mediate.  In this circumstance, the court knows that mediation wouldn't be safe or fair. For example, you might just "agree" because you're afraid of what would happen to you or your children if you didn't.  Make sure to tell your lawyer, the court or the mediator, if you have been hurt or threatened by your spouse.
The maintenance order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including: (a) the financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party's ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (b) training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party's age and skills, of completing education or training and becoming fully or partially self-supporting; (c) the standard of living established during the marriage; (d) the duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished; (e) the loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance; (f) the age, and the physical and emotional condition of the spouse seeking maintenance; (g) the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and (h) the contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party's employment or business. (Minnesota Statutes - Chapters: 518.551, 518.552)

To put this amount into perspective, a typical retainer paid to a divorce attorney (by one spouse) is $2,000 (or more); which means, if you both retain an attorney the starting price will likely be at least $4,000. The sticker shock gets worse when you consider that many sources indicate that when each spouse is represented by an attorney the average US divorce costs around $15,000. This same research indicates that divorce mediation in general is between 20-50% cheaper than the traditional adversarial legal process.
Most state courts require you to submit a financial affidavit during the dissolution process. Be sure to check your local rules or consult with an attorney. It’s paramount to complete your financial affidavit accurately, as that information can be held against you later. Creating a rough draft early in the information-gathering process will ensure that your final version will be error-free. It also serves as a roadmap of the financial factors to cover during mediation.
5.    Neither party absolutely needs a personal attorney to handle this process. A neutral lawyer can complete your paperwork and file relevant court documents. Some parties even opt to use pro se forms and submit all paperwork themselves. However, even if your divorce appears simple and amicable, you can benefit from speaking with an experienced Minnesota family lawyer about your case.
We work with a team of attorney mediators and non-attorney mediators who are committed to supporting divorcing spouses in the goal of hiring professionals only for what is needed. As a way to support those who want to take responsibility for their own divorces, these professionals have agreed to reduce their rates for individuals who find them through WashingtonDivorceOnline.com.
A total of 194 people have started their divorce through 3StepDivorceTM in the last 24 hours and 2021 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.

A “2018 Child Support Guidelines Worksheet.” This form is used to calculate child support according to Massachusetts child support laws. You can calculate your child support right now with the free 2018 Massachusetts Child Support Calculator on this site and then click a button to download the results into a court-ready Child Support Guidelines Worksheet.
Lisa Kallemeyn is a Qualified Neutral under Rule 114 of the Minnesota Rules of Practice and serves on the Early Neutral Evaluation Panel in Anoka County for Custody/Parenting Time Evaluations and for Financial Evaluations and is one of the more experienced evaluators in the County. In addition to offering a mediation option, she maintains a family law practice. This enables her to stay in touch with the Court system and to give mediation clients a realistic picture of what to expect from the Court– whether they reach an agreement or not, and to help you reach an agreement that will be accepted by the Court. Lisa mediates all family disputes, including personal property issues.

The answer to this question varies. The “average” divorce can take anywhere from 6 weeks (or less), to a year and a half or more. How long your divorce will take depends on how well you and your spouse can cooperate, and on the complexity of the issues involved. At Tarshish Cody PLC, our attorneys will do their best to zealously represent your interests while still taking care to resolve your manner in an efficient and cost-effective manner.
Attorney fees vary from hundreds of dollars if the case is easy to thousands of dollars for cases with custody and/or property disputes.  It is important that you understand your payment arrangement with your attorney.  Many attorneys charge an hourly fee for their services.  You will be charged each time the attorney works on your file.  Ask your attorney for a written “Retainer Agreement” or letter which explains in detail how you will be charged for legal services.
Once the decision to mediate is made, it is necessary to find a mediator. Many counties have community-based or court-annexed mediation centers. If the mediation is court-ordered, the court may appoint a mediator, or will allow the parties to agree upon a qualified mediator. Both lawyers and non-lawyers serve as mediators. The fees charged vary from mediator to mediator and from case to case.
The other party is often awarded a lien or a mortgage for a share of what the property is worth.  A lien is a claim on the property.  The party awarded the real estate owes the other party the amount of the lien or mortgage.  The Judgment and Decree usually sets a date by which the payment must be paid.  If the lien is not paid when due, the party owed the money can ask the court to order the other to pay the lien, or to change division of the property in the Judgment and Decree.  In the case of a mortgage, the holder of the mortgage could foreclose.
3) Contact the New York State Unified Court System's Collaborative Family Law Center. The Center offers free divorce mediation to qualifying couples living in New York City. If you and your spouse are eligible, you may get up to four, 90-minute sessions with program mediators (or six sessions, if you have children). Both spouses must agree to participate. Note: Referrals to divorce mediation will not be made in cases involving domestic violence or child abuse or where one spouse cannot locate the other.
Regardless of your children’s ages, you need to communicate about what’s happening, since it affects their lives too. Agree to talk to your kids together. Agree on how it will be done, where it will be done, and what you will say. Present a united front and try to answer their questions as well as possible, without divulging unnecessary adult information. Kids are smart, and they probably already know something’s up. They deserve to hear that their parents will continue to love and support them and that everything will be ok.

Many metropolitan counties, as well as more and more outstate counties, have developed several innovative tools aimed at facilitating quick resolution of traditionally volatile areas - custody/parenting time and economic disputes. If the court is advised a custody/parenting time is present, the judicial officer will suggest that the parties participate in an "Early Neutral Custody Evaluation," referred to as a Social Early Neutral Evaluation "SENE" or in some counties and in others a Custody and Parenting Time Early Neutral Evaluation "CPENE." In this process the parties and counsel will be quickly scheduled to meet with two experts on child custody matters, one male and one female. Many counties have rosters listing the names of people certified to act as an Early Neutral Custody Evaluator. The parties and counsel will meet for three hours with the evaluators, with each party then afforded the opportunity to explain their role in raising the children, and what type of a parenting schedule they believe to be in their children's best interests. The two evaluators will then briefly adjourn, and then return to advise the parties what recommendation would result from a full custody evaluation. Many parties are able to reach a settlement of most parenting time issues after hearing this informal report.
“Dear Spouse: I very much regret that we have been unable to agree to a suitable interim parenting time schedule for the children pending the temporary relief hearing scheduled for xx/xx/xx. In order to spare the children the experience of our conflict over this issue, I will abide by the schedule you have unilaterally dictated while we await court action. Nevertheless, I want to make clear my strong objection to this interim schedule, which we both know is not in the children’s best interests.”
Hello, my name is Matt Majeski and I am the owner/operator at Majeski Law, LLC at 539 Bielenberg Drive, Suite 200, in Woodbury, Minnesota. I focus my work on divorce law and other family law issues. I serve across Minnesota, however the bulk of my practice works in the following five county area: Washington, Dakota, Anoka, Ramsey, and Chisago. Please check out my website at www.majeskilaw.com if you'd like more information. Thank you. I'm happy to give a free phone consultation to identify your situation, determine if Majeski Law can help you with your family...
While mediation is absolutely worth trying for most couples, not every couple belongs in mediation. For example, if there is domestic violence in your relationship, you should consider carefully before you agree to participate—but don't it out of hand. Some people who have experienced abuse in their marriages find it empowering to meet on the level playing field of a mediation session; others find there's too great a chance of replicating the dynamics of the marriage and choose to have a lawyer do their negotiating for them. Also, because the mediator can't order either of you to do anything, a person who wants to delay the proceedings or avoid paying support can abuse the process by agreeing to mediation and then stalling the process. If you need decisions about support or other issues made early in your divorce, you may need to go to court. This doesn't mean you won't be able to use mediation at a later point to resolve the rest of the issues in your divorce, though. (To learn more about who can benefit from divorce mediation, read Nolo's article Will Divorce Mediation Work For You?)

Julia actually came to my rescue twice. The first time, I was fortunate enough to stumble across her website while looking for divorce mediation. We did not have the time or money for court battles; we just needed someone to insert some sense and sanity into what is already a tricky and painful process. Julia was able to make our divorce process simple and straightforward, and we both felt like we were heard! Four years later, I contacted Julia again to help me with the next intimidating process of amending the divorce agreement. Again, I felt like she did her conscientious best to humanize and streamline the process (and save me money!) with her compassion, quick thinking, and thorough attention to detail. And as a bonus: she answered my panicked emails in a timely and kindly fashion.

As the number of divorces has increased, divorcing couples have frequently become frustrated with the excessive costs and delays associated with an overburdened, adversarial litigation system, and have sought ways to play a greater role in determining the details of their divorces. Likewise, the court system has recognized the importance of developing methods of handling disputes outside of the courtroom, and so court-related mediation programs have increased in popularity around the country.
I provide superior professional divorce and parenting services that are efficient, effective, respectful and informative. I help my clients achieve affordable, real life, workable solutions. My client-centered process empowers individuals to create fair and reasonable agreements which satisfy their unique needs and circumstances. Two key components ... more

Finding a divorce lawyer who is experienced and reliable can reduce your stress and help you make the best choices possible. A good divorce lawyer should be a problem solver who is skilled at negotiation and possesses a solid trial background. If both parties are open to alternative dispute resolution, such as arbitration or mediation, finding a lawyer experienced in collaborative divorce or divorce mediation would be beneficial.
After discovery is completed, the attorneys will typically work with you to formulate a settlement proposal which is presented to the other side, either as part of a settlement meeting at one of the attorney's offices, or simply through a letter sent to the other lawyer. The attorneys will prepare a balance sheet summarizing your assets and liabilities. In Minnesota, the law requires an "Equitable Division of Property," which typically, but not always indicates an equal division of property. Parenting time proposals may also suggest the future use of a "Visitation Expeditor" or "Parenting Consultant" who are neutral third parties retained to assist in resolving future parenting and parenting time disputes. When the parties have children, settlement discussions will also involve "child support", which is currently set pursuant to "child support guidelines" based on a comparison of the gross incomes of both parties, and the amount of time the children will spend with each party. If one of the parties lacks the resources to support themselves, settlement discussions will also involve requests for either temporary or permanent "spousal maintenance." Pursuant to Minnesota Law, spousal maintenance while based on a consideration of several factors, ultimately will be based upon a consideration of the marital standard of living, the needs of the spouse requesting maintenance and the ability of that spouse to meet those needs as compared to the needs of the spouse from whom maintenance is sought, and their ability to meet their own needs and still contribute to the support of the requesting spouse. Maintenance may be temporary or permanent, depending on the facts of the case, including length of marriage whether there is any uncertainty as to if the spouse requesting maintenance will ever be able to become fully self supporting.
You can ask the court for an Order for Protection.  It will order the abuser to stop all the abuse and threats.  It can also order the abuser to leave the home, to stay away from your work place or school.  It can provide for temporary custody, child support and use of the car or home.  It can also do other things to protect you and the children.  It doesn't matter whether or not you've started a divorce or if you're still living together.
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