Don’t ignore it! First, you should read the Summons and Petition completely and decide whether you agree with what it says or not. Second, you should make sure you note any hearing dates. This will give you your timeframe for responding the the Petition. If you do not go to the hearing, the case will end in a default decision and your spouse will receive whatever he or she asked for in the Petition. If you have any objections, or if you do not understand what the Summons and Petition say, contact an attorney for guidance.
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All in all, when a couple is committed to making divorce mediation work, the likelihood of success is high. No matter how you currently feel about your spouse remember how you once felt, and try to end your marriage on the most positive note humanly possible rather than with bitterness and acrimony. Mediation can help you achieve this goal by offering a safe place to discuss your disputes as well as gentle guidance to help you solve those disputes.

In some cases, a spouse may be reluctant to attend mediation due to misperceptions they have regarding the mediation process. One party may feel the mediator will decide crucial issues without input. In reality, a divorce mediator cannot compel either spouse to do—or refrain from doing—anything. Others may feel a mediator can single-handedly “fix” all issues in the divorce. If one spouse fails to disclose all relevant facts related to the case, the mediator will be unable to achieve real results. In some cases, women may feel their husband will fare better during the mediation.
If child support was ordered but is not being paid, steps to enforce the order can be taken by the custodial parent or the county human services department.  If the children are receiving public assistance, the county can also ask the court for a separate order requiring the other parent to pay back the assistance that has been received by the custodial parent for the past two years.  The county can also ask the court for an order requiring you to pay back Medical Assistance and some other benefits the children received.  The court can order payment whether or not the Judgment and Decree included a child support order.
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.
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.
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Typically the SENE will involve both parties, both attorneys, and two court-appointed custody evaluators. Usually three hours is blocked for a session. During the session, each party (and his or her attorney) is given the opportunity to explain what they would like for a custody and parenting time arrangement, and why. Questions from the evaluators are asked and answered. Then there is a break while the evaluators confer. Then the meeting reconvenes and recommendations are given and explained, whereupon the parties discuss settlement.
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
Decisions about spousal maintenance are often emotional and challenging. Unfortunately, MN law does not specify how to calculate a spousal maintenance obligation. Unlike child support, MN divorce laws are discretionary when it comes to spousal maintenance (alimony) stating only that many factors should be considered when determining the need for spousal maintenance as well as the amount and duration of the support. Relevant factors often include: the length of marriage, each spouse’s financially ability to be self-supporting, education and employment history, age, and the marital standard of living. Mediation encourages the use of reasonable budgets and information sharing rather than the traditional adversarial legal approach which often relies on exaggerated budgets and win-lose negotiation tactics. The creation of reasonable budgets allows you and your spouse to understand your individual financial needs as well as the financial realities of your situation. This mutual understanding is vital to the successful discussion and resolution of the spousal maintenance issue. I also utilize a specialized computer program which provides useful information about tax impacts and projected cash flow for each spouse before and after the exchange of financial support.

In addition to being a Qualified Neutral under Rule 114 of the Minnesota Rules of Practice, Charles Kallemeyn is Certified as a Real Property Specialist by the Minnesota State Bar Association. He has practiced law in the real estate and probate areas for more than 18 years; this experience gives him the background to help you resolve any of the following disputes:
Some mediators prefer to conduct the framing stage in separate sessions, as they believe it better prepares each of you for the next stage: negotiating. Other mediators favor joint sessions because they believe that hearing your spouse work with the mediator to formulate interests lays a better foundation for the give and take of the negotiation stage. Either way can work, although separate sessions make the mediation cost a little more and take a little longer, because anything important that is said in the separate session will have to be repeated to the other spouse.
Thereafter, if either party is still dissatisfied with the result, they may "appeal" the lower court ruling to the Minnesota Court of Appeals. Such appeals are of right, and take place before a three judge panel, after extensive briefing and oral argument to the Court of Appeals. However, once the appeal is filed, the Court of Appeals will automatically put the appeal on hold, and requires it's own attempt at alternative dispute resolution known as appellate mediation. If mediation is not successful, the entire appeal process may take upwards of a year after the trial court's final decision. The Court of Appeals may affirm all decisions outright, reverse all decisions outright, or may affirm some parts of the decree while reversing others. If a party thereafter is dissatisfied with a ruling of the Court of Appeals, they may seek discretionary review by the Minnesota Supreme Court. The Supreme Court however, denies review of most cases, and only chooses to hear a few family law cases each year. Those cases selected for review typically involve novel factual or legal issues.
Janet Rowles is a mediator specializing in high conflict and emotionally-difficult situations. In addition to doing divorce, post-divorce, unmarried relationship dissolution, and all types of family mediations, Janet does small and large group work including circle-keeping in Minneapolis public schools and facilitating large-groups such as condo as ... more
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.
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.
It depends on how bad it is. Half of the divorce cases out there involve one or the other party being on anti-depressant medications, so that in and of itself won’t matter much. It really depends on how severe the mental illness is, and how it affects your parenting. If the mental illness negatively affects your parenting, or poses a danger of harm to the children, that will obviously be more relevant. And unless your mental health records are already sufficient for a custody evaluator to assess your mental health, you can expect that a custody evaluation will include a psychological evaluation as well.

You can also go to court to get an order to change or set a parenting time schedule or for supervised parenting time. The court may send you to a parenting time expeditor before the court hears your motion for a change in parenting time.  The court can order mediation or you can voluntarily agree to use mediation to try to resolve parenting time problems.  If one parent denies parenting time, the other parent can go to court to request more parenting time or even to change custody.  The court will look at whether or not there was a good reason for denying parenting time. Abuse of the children would likely be a good reason to deny parenting time.  


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In order for the mediation to be successful, you, your spouse, and the mediator all need to be as fully informed as possible about the facts of your case. This is the information gathering stage. Sometimes it begins during the first session; sometimes it starts after that session. If information that you and the mediator need is unavailable or in dispute, the mediator will try to help you find ways to get it or to determine what is correct. For example, you might need the policy number and other details of a life insurance policy. If you can’t locate your copy of the policy, the mediator might suggest ways to get this information, such as contacting the broker who sold you the policy or writing to the insurance company.
Mediation is paid by the hour, and the parties generally split the fees equally, or pay the fee out of a joint account.    The fees are paid in full either in advance or on the day of mediation.  If the parties don’t finalize an agreement during the mediation, the fees paid may include time for the mediator to prepare a written summary, which is provided to both parties.
Financial Early Neutral Evaluations (FENE) allow the parties to meet with an accountant or lawyer neutral expert to assist the parties in preparing a balance sheet and help to negotiate a division of property. These experts can also assist in preparing cash flow summaries to help the parties settle issues of child support and spousal maintenance. As with social early neutral evaluations, the neutral may advise the parties what they believe will occur if the matter is fully litigated. As with Social ENEs, many counties provide rosters of lawyers and accountants certified to assist with FENE's in that county.
If you or your partner are really committed to their narrative—that one person is absolutely the bad guy, for example—mediation might not work. Green says, “There are some people who are quite intensely invested in feeling like the victim: ‘I’m right and the other person is wrong, and there is no universe in which the other person’s actions are acceptable.’”
After the mediator covers the rules of mediation and insures that any necessary agreements to mediate are signed, the mediator explains the mediation process. The parties or their representative may then make opening statements to identify issues and clarify perceptions. Many mediators will encourage the parties to begin a conversation during general caucus.
If the custodial parent wishes to leave the state, the other parent must agree that the children can move or the custodial parent must get permission from the court.  If the other parent agrees, the agreement should be put in writing.  The court must weigh certain factors when deciding whether to allow the move. The factors are things like the reason for the move and the child’s relationship with the other parent and other family members. The parent requesting the move must convince the court to give permission, except in domestic violence cases.
During a divorce, either party can petition the court to pay alimony or “spousal maintenance” to the other. Minnesota laws provide for this type of assistance so the lower earning spouses can maintain the same reasonable standard of living as before. Generally speaking, a court will be more inclined to order a longer period of alimony when the marriage was longer in duration.  
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. It shall be conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife. If there is a substantial change in value of an asset between the date of valuation and the final distribution, the court may adjust the valuation of that asset as necessary to effect an equitable distribution. (Minnesota Statutes - Chapters: 518.58)
Go over the pros and cons of mediation, as opposed to other methods. Whether it’s in person at a coffee shop, over the phone, via text messages, or through email, the first step is to agree to participate wholeheartedly. Strong-arming your spouse might get him or her to the table, but the mediation won’t be effective and you’ll end up wasting time and money.
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.
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.
Kay Snyder Attorney at Law has offices in St. Cloud, Big Lake, and Cold Spring, MN. She's a part of the Chamber of Commerce in those communities, as well as many volunteer organizations helping those in need in the area who cannot afford legal counsel. Kay Snyder Attorney is also involved with the Minnesota State Bar Association, the Stearns/Benton Bar Association, Minnesota Women Lawyers, and the St. Cloud Downtown Council.

If the respondent does not answer the Petition within 30 days after it was served, the respondent is in default.  The petitioner's attorney tells the court and a default hearing is scheduled.  Default hearings are also scheduled when all of the relief to be ordered by the court has been agreed to by the parties in a written agreement called a Stipulation or Marital Termination Agreement. If both parties are represented by lawyers, the divorce may be finalized without a hearing. If both parties did not have lawyers or if the respondent never answered, there is a default hearing. At a default hearing only the petitioner and his or her attorney need to attend.  The petitioner is sworn under oath and testifies to all the facts necessary for the court to order the relief requested in the Petition or Stipulation.
reason to choose mediation is simply, cost. A mediated divorce is typically 20-50% cheaper than a divorce using the traditional adversarial legal process. In addition to the financial savings, mediation is typically quicker and allows you and your spouse the opportunity to control your own future. Mediated divorce settlements also tend to have higher compliance rates because the agreements are mutually created. On a personal level, mediation generally provides a more respectful and peaceful marital ending which, if you have minor children, may be the most compelling reason of all. My personal passion about helping parents succeed during and after divorce allows me to better prepare you for the future and separate parenting of your children. Bottom line, you should consider Minnesota divorce mediation because it is cheaper, more efficient, and it typically yields the same, if not better, results as the adversarial legal system.
MN law is relatively vague about how to divide marital property (all that you own and owe). There is an assumption that all marital property should be divided equitably. Mediation allows you and your spouse to define your own concept of fairness and to control how you divide your marital property. Through the creation of a master spreadsheet you will fully document and verify all of your assets and liabilities. As you make decisions about who will receive which property, the spreadsheet calculates and reveals the overall monetary value awarded to each spouse. The end result is one comprehensive document which allows each of you to easily determine if your property division is “fair” or not. My experience is that typically the numbers speak for themselves.
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.
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.
Many individuals mistakenly believe that they’ve abandoned their equity in the family home by moving out. While the court may award the family home to the spouse living in it at the time the divorce is heard, the spouse that moved out will typically be awarded other property or a cash settlement equal to his or her equity in the home. The bottom line here is that you don’t give up your equity in the marital home by moving out.
The cost of mediation may be based on Florida Statutes which provide a reduced rate for couples with a combined income of less than $100,000. Both parties will file a financial affidavit in order to establish the exact fees for divorce mediation. A Florida judge may waive mediation requirements but generally will not do so. Costs associated with divorce mediation may include the mediation costs, filing fees, recording fees, and service of process fees if the mediation is court-ordered. These fees may be levied against the non-prevailing parent if the court determines that parent is able to pay.
In the end, spouses who go through divorce mediation are much more likely to be satisfied with the final results. During a litigated divorce, neither spouse is likely to get what they asked for, leaving at least one of them angry and bitter over the outcome. When the final award is totally unexpected, that anger and bitterness only increase. Such a decision can leave that spouse feeling powerless and victimized. He or she may feel the judge was biased, and the settlement was far from fair or equitable. Mediation limits the feelings of victimization, even when the financial settlement is relatively modest.
Don’t ignore it! First, you should read the Summons and Petition completely and decide whether you agree with what it says or not. Second, you should make sure you note any hearing dates. This will give you your timeframe for responding the the Petition. If you do not go to the hearing, the case will end in a default decision and your spouse will receive whatever he or she asked for in the Petition. If you have any objections, or if you do not understand what the Summons and Petition say, contact an attorney for guidance.
1.     You just might settle the case.    The parties involved have the most information about their situation, and therefore are in the best position to craft a creative solution specifically tailored to them.  Judges, on the other hand, are bound by case law, statutes, and rules and must provide a solution for the parties that fits within this framework.
If both parties are in agreement that you want to mediate, you could take a look at our Agreement to Mediate, and any party could call to schedule an appointment.  We offer a flat fee arrangement, at a discount from our standard hourly rate, for a mediation session that is typically three hours in length and can include a written summary, if paid in full in advance.  We also offer hourly mediation rates, that are to be paid in full on the day of 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.
This can be problematic if a party needs to commence a divorce in Minnesota immediately, but neither party has yet been residing here for the requisite six-month period. In such cases, one should seriously consider a legal separation, which has no length-of-residency requirement, and which can afford much of the relief afforded by divorce, such as determinations of property possession, custody, parenting time, child support, and spousal maintenance. [2] Later, after the six-month residence requirement is satisfied, the case can be converted to one for divorce.
The major difference between a legal separation and a divorce is that if you have a legal separation, you are still married. The wife may not resume using her former name. If you decide you want to end your marriage after a legal separation is complete, you will need to go through the court process to get divorced. Some couples choose legal separation because of religious beliefs or moral values against divorce. In other cases, there may be insurance or other financial reasons for a legal separation.
If your ex-spouse was ordered to provide medical or life insurance, but does not buy insurance or cancels the insurance, the court can order your ex-spouse to reinstate the insurance policy or get a new policy.  The court may also order your ex-spouse to pay medical or hospital bills which should have been paid by the insurance.  If cash was received for the policy that was canceled, the court can award you all or part of the money.  You can also ask the court to find your ex-­spouse in contempt of court.
Many people think that when a couple wants to live apart they have to get a "legal separation." This is not true.  Often couples live apart for awhile before they decide to get a divorce.  This is not "illegal."  Legal separations are for people who do not want a divorce (usually for religious reasons).  They still need a legal paper to settle custody, support, and property questions.  The court makes the same kinds of decisions that it makes in a divorce.  However, the couple remains married, and the division of property is not final.
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