I hired Howard Iken as my attorney to handle my divorce case. Not only did he secure a win for me in the eventual divorce trial, he was also successful in having the post divorce trial petitions (4) filed by my ex-husband dismissed. Mr. Iken is very professional and adept at developing strategies that are favorable to his clients. He is organized, thorough, creative and more than willing to go the extra mile. I would highly recommend Mr. Iken’s law firm to anyone seeking legal services.
Even if you don’t qualify for the summary dissolution, you may be able to proceed with an uncontested dissolution, where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the procedure by preparing and filing a Petition for Dissolution of Marriage, along with various supporting documents. For an uncontested dissolution, one of these documents you would be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Dissolution of Marriage.
If you're considering (or already facing) divorce, chances are, you have a million questions. And that's understandable. Your life - and the lives of your spouse and children - will soon be undergoing a seismic shift. That's why it's so important to sit down with a knowledgeable family law attorney and get answers to all of your questions before moving forward.
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.
Minnesota is a purely "no-fault" divorce state, meaning that you can't allege that your spouse's wrongdoing was the cause of the divorce. Instead, most divorces are based on the grounds that the parties have irreconcilable differences that have led to the breakdown of the marriage. However, fault may be considered by the court as a factor in dividing property or awarding alimony. To learn more about whether Minnesota uses fault as a determining factor in alimony and property issues, see Nolo's Essential Guide to Divorce, by Emily Doskow.
Mediation sessions are typically 2 – 3 hours long and scheduled approximately 2 weeks apart. Most of my clients reach a complete settlement in between 6 – 8 hours of mediation occurring over a 6 – 8 week period of time. Depending on the county in which you live and the time of year, processing of your legal documents can take the court another 1 – 8 weeks.
This can be a very complex situation. A spouse can hide a lot of income through a business, which can greatly affect what you may be entitled to in the divorce. Further, it may not be for the best interest of both spouses if a profitable business is split up. There are many issues and pitfalls that arise when a business is involved in a divorce. You should consult with an attorney who understands both the divorce and the business issues.
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:
If you and your spouse agree on the terms of the divorce and filed the Joint Petition for Summary Dissolution of a Marriage, then you will probably need to attend a court hearing so that the judge may issue the final divorce decree. If you have minor children but still have an uncontested divorce you may file a Joint Petition for Dissolution of a Marriage, after which the judge may schedule a short hearing to discuss details of child custody before issuing the final decree.
With 3StepDivorceTM you will complete and print your Minnesota divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Minnesota in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in Minnesota, learn more about getting your Separation Agreement or learn more about the basics of divorce in Minnesota.
Cynthia Brown is a founding shareholder with the Brown Law Offices, P.A., a northwest Twin Cities divorce and family law firm. She is an honors graduate of the University of South Dakota and William Mitchell College of Law. Cynthia’s practice focuses almost exclusively on divorce and family law issues. She publishes a monthly family law column for the Minnesota Lawyer newspaper, and has contributed to Divorce Magazine and The Family Law Forum. Cynthia also serves as a panel attorney for the Anoka County Family Law Clinic.
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)
When discussing issues concerning custody parental access, think about where your kids will spend most of their time: where they go to school, where they take dance and karate and other extra-curricular activities. Think about whether they have any special needs and how you’ll care for them, how you’ll cover any private school or college costs, and where they’ll spend birthdays, holidays, and special occasions.
In person—Minnesota allows anyone who is 18 years of age or older and is not a party to the lawsuit to serve the divorce papers in person. In most cases, the process server is a sheriff or a professional, bonded process server. Once the papers have been delivered to the respondent’s home, person or attorney, the process server must complete the Affidavit of Service and file it with the Clerk of Court.
Mediation is much less formal than courtroom litigation. Rather than being bound by courtroom etiquette and being under the burden of the technical rules of evidence, those involved in the mediation are seated around a table or in an informal office setting. The issues in question are discussed in a non-intimidating, non-threatening manner. Solutions and settlement options which are agreed to by both parties are the hallmarks of successful mediation. Mediation solutions also tend to be much more creative than the solutions which arise from litigation. The mediator will “brainstorm” with both spouses in order to arrive a good solution for each issue. So long as there are no violations of Florida laws, the final mediated agreement can be anything the spouses agree to with the help of their mediator.
A spouse is not liable to (responsible for paying) creditors for debts of the other spouse except for necessary medical expenses and household articles and supplies used by the family while the spouses live together. A spouse is liable for credit card and other charges by the other spouse if both had agreed to be responsible to the creditor. A spouse may also be liable for credit card debt if that spouse has used the card in the past. Either spouse may close a joint credit card account at any time. In some cases, it may be wise to cancel credit cards immediately.