The only way to force a spouse out of the house where he or she resides is to get a Court Order. If you or your child has been the victim of domestic abuse by your spouse, you can get an Order for Protection immediately, which will bar your spouse from the house. Otherwise, absent an agreement, the soonest you’ll get an order for exclusive occupancy of the home would be with the issuance of an Order for Temporary Relief, which usually takes anywhere from about one to five months to obtain, depending on the county, the judge, and the speed of your attorney.
To ensure you cover everything, create a master list of all your assets and possessions—regardless of whether an item is thought to be yours or your spouse’s. The master list should include all real property (house, rental properties, vacation homes), personal property (books, DVDs, furniture, artwork, jewelry), vehicles (including boats, motorcycles, ATVs), bank accounts (joint and separate, checking, savings), credit cards, retirement accounts, life insurance policies, annuities, stocks and other financial products. Account for everything you own.
Another important tool for a parent whose child has been taken or hidden is the Federal Parent Locator Service (FPLS).  An attorney must ask the court or county attorney to request FPLS assistance.  The court or county attorney can apply to the FPLS for assistance in locating the missing parent.  The FPLS is a computer search using the Social Security number of the missing parent to find home and work addresses for that parent.  You must have the correct Social Security number in order to use the FPLS.
A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage. (Minnesota Statutes - Chapters: 518.06, 158.13)
If you are trying to obtain your dissolution on your own and there are children involved, you will be required to have at least one hearing in front of the judge. You will have to use the generic documents provided by the courts such as the Petition for Dissolution of Marriage and Judgment and Decree. These documents will not be specific to your needs or specific fact situation.
Tera is one of the founding members and the managing partner at Minnesota Divorce and Family Mediation. She has over 15 years of combined education, training, and professional experience in facilitation, team building, negotiating, and mediating resolutions of all matters. She uses a strengths-based, client-driven approach to develop thorough parenting plans for children tailored to their unique circumstances and future needs. She has experience with complicated parenting issues, children with special needs, mental health issues, domestic partnerships, and other non-traditional relationships. Tera's goal is to develop a comprehensive divorce agreement while minimizing stress and cost.

Susan uses a transformative approach to conflict intervention, which places the principles of empowerment and recognition at the core of helping people in conflict change how they interact with each other. With a background and education in coaching and counseling her ultimate goal is sustainable relationship improvement through the process of med ... more
Denying or interfering with an established parenting time schedule can result in more time being awarded by the court to the parent who was denied their regular parenting time. The court will look at the reasons why the parenting time schedule was not followed.  If the court determines that denying or interfering parenting time happens more than once and is on purpose, the court will award more time to the parent who was denied their regular parenting time.  The only exception is if the denial of parenting time was to protect the child’s physical or emotional health.  The court could also give a penalty to the parent who denied or interfered with the other parent’s regular time, or consider it a factor when deciding on a change of custody. 
Most Minnesota judges encourage couples go through divorce mediation where you are making the decisions about your future rather than having a judge make them for you. Avoiding litigation is much more economical for both members of a divorcing couple, yet many people don’t realize the importance and power of divorce mediation in today’s climate. If you’re ready to take the next step towards a divorce, it’s critical that you enlist the help of a reputable mediator like Jeff Johnson who specializes in divorce mediation to walk you through the process of divorce.
You'll then attend the first meeting—usually held in a conference room or comfortable office—where the mediator will explain what you can expect from the process. For example, the mediator may tell you that everyone will be in the same room for the entire mediation or that you'll meet in separate sessions so that the mediator can get your views or positions in private. The mediator may also take care of some housekeeping business—for example, ask you to sign an agreement that says that you'll keep what's said in the mediation confidential and that you understand that the mediator can't disclose any of what goes on there if there's a court proceeding later on. At the same time, the mediator will try to make you feel comfortable by establishing a rapport with both you and your spouse.
All that's required to make a divorce mediation successful is for both people to show up willing to negotiate and open to compromise. Don't reject mediation just because you and your spouse see a particular issue very differently—in other words, don't give up before you've begun. Mediation is a powerful process and many cases that seem impossible to resolve at the beginning end up in a settlement if everyone is committed to the process.
All property that was acquired during the marriage is called "marital property."   It does not matter whose name is on the title.  Both parties are assumed to have made an equal contribution.  A homemaker's work in the home counts as an equal contribution.  This "marital" property is divided fairly. Usually, fairly means equally.  The court will decide the value of all the property and try to divide the property so that each spouse gets approximately half of the overall value.  If one spouse has misspent the family's income, or misused or taken property, the court may award more property to the other spouse to make up for that.  If one spouse has special needs, the court may award more property to the needy spouse. 

The American College of Civil Trial Mediators® is a non-profit organization of dispute resolution professionals who are distinguished by their skill and professional commitment to civil trial mediation. Membership is limited to active mediators, program administrators, and academics who have achieved substantial experience in their field a ... more

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.


The big warning I have is this: years ago, when the program started, the idea was that the evaluators would give their opinion of how they would likely decide the case in a full-blown custody evaluation, based on the facts learned in the SENE. This honest appraisal of how a months-long custody evaluation would likely turn out is what helped parties to settle their cases.
I use only processes—mediation, collaborative law divorce, and out-of-court negotiation—that emphasize open, respectful communication. I am currently not taking "contested" cases, in which each spouse hires a lawyer and fights in court. If you have been served with divorce papers or need legal representation in court, you should contact a different attorney.
They had about $700,000 of equity in their house and she wanted to give him about $100,000 to walk away—much less than the law allows. She was not at all willing to consider his perspective. “What I came to understand was from his perspective, he was an abused husband. And his having an affair—which is not the best way to handle difficulties in your primary relationship—was a desperate act, because now that they were going to have a baby together, he felt that he was trapped in this extremely unhealthy relationship, and this was the only way he could think of to get out. So it was very eye-opening for me.”
If you have been ordered to pay child support and your situation has changed so that you cannot pay the amount of support ordered, it is important to contact the county child support officer right away.  You can bring a motion to ask the court to lower your child support. If you do not bring a motion, there is little chance the court will forgive back support, even if you were unable to pay.  For more information about child support, see our booklet Child Support Basics. 

Fees may be charged on an hourly basis, or by the day or half-day. In general, mediators help the parties meet, explore options, and negotiate a mutual settlement to resolve their dispute. Mediators do not determine who is right or wrong. Instead, they help the parties reach a solution on their own that works for them. Parties should seek mediators with mediation training, experience, and specific knowledge of family law. It's also important to consider the mediator's style and mediation philosophy.
Getting divorced and resolving family law issues involves transitions that are not easy. I am an experienced divorce mediator and family lawyer, and I will guide you through these transitions with compassion, treating you and your concerns with respect. We will work together, one issue at a time, to create solutions that work for you and your family and ensure that the focus stays on the healthiest process and outcome for you and your children.
The summons is a simple legal notice that a divorce action has been commenced by the petitioner and advising how long the respondent has to serve an "answer" to the petition. It also contains a preliminary restraining order, preventing changes in insurance coverage and the disposition of property, except for the necessities of life or in the ordinary course of business. In Minnesota, unless the petitioner agrees to an extension the answer must be served within thirty days. If you ignore the service of a summons and petition for a longer period of time, the petitioner may serve a motion with the court requesting that default judgment be entered. This judgment will not only immediately dissolve the marriage terminating certain rights you have as a married person to rights such as health insurance. It may also result in the moving party being awarded rights and interests in property, as well as the loss by the respondent to certain rights, such as spousal maintenance (alimony) without the respondent having the opportunity to respond and defend their rights. While there are cases in which the court will subsequently set aside a default judgment, it is very important that you retain a lawyer to respond to a summons and petition within thirty days. Sometimes that response may be as simply as an agreement from the petitioner's attorney to extend the thirty day period to answer the petition.
Many of the facts and circumstances that a divorcing spouse feels are important, are likely to be of little importance to the court. It‘s unrealistic to assume a judge can review all of the circumstances that led to the divorce. The issues are simply too complex, the court lacks time to hear all of it, and in the end, they aren’t usually relevant to the case, especially in a no-fault state like Minnesota.
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]
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Minnesota, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
What the mediator can do, though, is assist the divorcing couple in formulating ideas that can eventually lead to agreements that will stand the test of time. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.

I am a Rochester native with over 30 years of experience practicing family law in the Olmsted County and Southeast Minnesota area. I was admitted to practice in 1980. In addition to representing clients in all of the counties in Minnesota’s Third Judicial District, I have represented clients in Goodhue, Blue Earth, and Faribault counties located in the First and Fifth Judicial Districts. I am a graduate of St. Olaf College and Hamline University School of Law. I have taken particular interest in advocating for the best interest of children. I am a volunteer Guardian...
In most cases, divorce is a difficult and painful process, both emotionally and financially. The traditional practice of hiring a lawyer and litigating in court to end a marriage is not only expensive, but can lengthen the process, increase contention, and cause additional and unnecessary stress on you, your spouse, and your children. Because of this, more and more couples are looking to mediation to walk them through the intricacies of divorce and help navigate parenting agreements. While divorce is rarely an easy event, the goal of mediation is to encourage and support you in developing the best solutions for your individual situation, in a collaborative way and on your time line, which ultimately lessens the negative impact of divorce on you and your family.

If you and your spouse are splitting up, one question you may be asking is, “how will I support myself?” In this era of dual income families, when you get a divorce or legal separation, you often times also lose a portion of the source of your monthly rent, mortgage, bills, and more. This can often be a deterrent for people to get a divorce – even when they desperately need one. Lawmakers in Minnesota, as in all states, have allowed for spouses to petition the court for what is known as “alimony.”
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.
I am an experienced trial attorney, who has represented numerous individuals in times of crises during the past 21+ years. The areas in which I practice include family law, domestic abuse, criminal defense, juvenile defense and personal injury cases. I am passionate about helping ordinary people through extraordinary crises and providing our clients the opportuntity to be heard in the process.
All that being said, be aware that contesting the divorce will add to the duration and expense of the case. Contesting the divorce itself can buy you some time during which to pursue reconciliation, and can be the leverage to obtain your spouse’s agreement to therapy or other reconciliation efforts, but at the end of the day, a persistent party will be able to obtain the divorce.
The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.
NOTE: There are many ways to divide real estate in a divorce. The court forms for marriage dissolution (divorce) only give you 1 option -- one spouse gets 100% of the house, cabin, or other real estate, and the other spouse gets a lien. But, you can change the court forms. An attorney can explain other options, advise you about the law, and draft terms to meet your situation. If your divorce involves real estate, you should get advice from a lawyer on your legal rights and options.
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