If the parties can not come to an agreement on how their marital property is to be divided, the court shall base its findings on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party. The court shall also consider the contribution of each 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.
Second, you and the other party are more likely to adhere to the terms of your agreement if you have some ownership of it. It is not uncommon for parties to a divorce or other family law dispute to return to court after their initial proceeding to address problems with a party who is not abiding by a parenting time schedule or failing to pay child support. Parties who make their own decisions about those issues through mediation are more likely to feel responsible for the terms of their agreement and to abide by it.
When a couple has made the decision to enter into divorce mediation, there are preparations which can be made which will ensure the mediation is more beneficial to both parties. Having an experienced divorce attorney in your corner is important before you attend mediation. Because a mediator is unable to give legal advice to either party, your legal questions can then be answered by your attorney. Before attending mediation, it is a good idea to make sure you are organized. This means having all documents pertaining to the issues you will be discussed together in a cohesive manner and bringing those documents to mediation.
Brian James is a Divorce Mediator with offices in Northern Illinois and Southern Wisconsin. He is the founder and owner of C.E.L. & Associates, a private mediation firm that focuses on pre and post decree divorce issues. His background consists of 10.5 years working with domestic violence and divorcing families in the Criminal Justice System. He is a member of numerous mediation organizations and local chambers of commerce. His goal is to assist his clients in their time of need and help them work out agreements that are best for them and their children. At the same time, he tries to save his divorcing couples time and money that is otherwise wasted in the court system. What would you rather do with your money during a divorce, pay it to an attorney or invest it in your child's college education?
A question is often asked as to whether there is an advantage to being a petitioner versus a respondent. There is no real difference, except that the petitioner can obviously effect when the action is started, and sometimes, in what county. If you and your spouse separate, and your spouse moves to a different county before the action is commenced, the petitioning spouse can commence the action either in the county you reside in or the new county they have moved to. There are some perceived and actual differences as to how matters proceed, depending on which county they are "venued" (commenced) in. A second implication of being a petitioner versus a respondent is that ultimately, if the matter does proceed to trial, the petitioner is required to present his/her case first. This may have some minor implications relative to the cost of preparing for trial, especially it the matter settles before the respondent presents her/his case.
Mediation in divorce is a process by which a mediator or a trained neutral, often a lawyer or mental health professional, helps divorcing spouses reach agreement. The mediator works as a facilitator to guide the divorcing spouses through the process to resolve the outstanding issues. Some divorcing spouses have reached agreement on certain issues, but need assistance resolving other ones, and they attend mediation to address just those issues. Others need assistance with all of the issues. But those who elect mediation are electing to work together to maintain control of their lives. (When individuals litigate and go to court, the judge makes the decision. Those decisions are often not what either side really wants, but once the judge makes the decision, it is the one that controls.)
Consultation: Attorneys are available to meet (or telephone or Skype with) individuals to discuss the issues, provide information, and provide guidance. These consultations can often take place prior to the first mediation, after mediation sessions, and then once a final agreement is reached. The cost of these sessions are $125 (telephone) or $155 (Skype) per hour. (Minimum scheduled time for first session is one hour.)
For unmarried parents, the mother has sole legal and physical custody unless and until the Court orders otherwise, pursuant to Minnesota Statute section 257.75, subdivision 3. Nevertheless, a mother should be careful before denying parenting time, because one of the many factors which the court considers in determining permanent custody is “the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.” Minn. Stat. § 518.17, Subd. 1(13).
Then the respondent's attorney calls the respondent’s witnesses. After the respondent's attorney rests, the petitioner's attorney may call witnesses to respond to the testimony given for the respondent. The respondent's attorney may do the same. When all of the testimony is completed, the attorneys argue the case, saying why the judge should rule in his or her client’s favor. Then the judge ends the trial. The judge may announce a decision at the end of the trial. He or she may take time to think about the case and make the decision later. By law, the judge has 90 days to decide the case. Usually the judge sends copies of the decision to the attorneys. The divorce becomes final when the court clerk enters the Judgment and Decree for the court. The clerk tells the attorneys when the Judgment and Decree has been entered. The Judgment and Decree is the final decision in the case.
If there are children of the marriage, each spouse has the right to decide where the children live or go to school, whether they should see a doctor, and can make other arrangements that need to be made. These decisions are left to the parents, as long as the children are not being hurt. If the children are being hurt, other people might become involved —doctors or nurses, school personnel, community workers or the police. If you do not want your spouse to take or visit the children because you are afraid the children will not be returned or will be harmed, you do not have to let the children go. However, if there is not a threat that your spouse will kidnap the children, you should think about the children's best interests and whether it would be good for them to see their other parent. If you are concerned about your spouse's visits, consider getting a custody order. If there are children who were born before the marriage and there has been no adoption or custody order, the mother has sole custody in Minnesota until there is a court order to the contrary.