Like legal custody, physical custody can be “sole” [2] or “joint”. “Joint physical custody” means that "the routine daily care and control and the residence of the child is structured between the parties." [3] Unlike joint legal custody, joint physical custody is the exception rather than the norm, and is usually only granted if both parties agree to it.
If you can prove that an item of property was "non-marital," the court will not usually award that property to your spouse.  Non-marital property is property owned by one of you before your marriage, or was a gift or inheritance to you alone during your marriage.  Portions of a personal injury or Workers Compensation award might also be non-marital.  The court may award non-marital property to the non-owner spouse only if it would cause unfair hardship or under other limited circumstances. 

Once your negotiations are finished and you have found a solution, either the mediator or one of your attorneys will write an agreement and, in many cases, a parenting schedule or parenting plan. These documents will be incorporated with the rest of your divorce paperwork and become part of your divorce judgment, which means that a court could enforce them if one of you doesn't do what the agreements say you'll do.
Information obtained in mankatofamilylaw.com may contain knowledgable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota licensed Attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in Your Family Law matter, contact 507-625-5000.

In conclusion, my advice to fathers is that they should not despair. If the children would be better off in the father’s custody, that is worth fighting for, and is winnable. I have gotten many fathers custody, even in the most dismal of predicaments. For mothers, my advice is to take nothing for granted. Against a determined father, the loss of custody is a very real possibility which you should take very seriously if custody is important to you.
Did you know that there are other ways to dissolve a marriage then to file a traditional divorce? When parties are willing to come to the table to cooperate together, mediation may be a great option. During a divorce mediation a neutral third party serves as a mediator and can help parties decide the terms of their divorce. A Brainerd divorce mediation lawyer will be able to assist you through this process and potentially allow for a more amicable dissolution.
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.)
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.
Some spouses are under the impression that they must obtain a legal separation to get divorced. To the contrary, legal separation is an alternative to divorce, but the process is almost identical: you file legal paperwork, deal with all the same issues in a divorce, and ask a judge for an order of legal separation. If you plan to divorce, a legal separation is unnecessary and will only increase the total cost of the divorce.
Taking or hiding a child, or not returning the child after parenting time, can be a serious crime.  Minnesota has a law which makes it a crime to deprive another of their custodial or parental rights.  Under this law, you do not have to have a court order giving you custody or parenting time.  If the other parent is hiding the child, you may be able to show that you have been deprived of your custodial or parental rights.
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.
At Dwire Law Offices, P.A., we offer trustworthy, personal service and practical, experienced representation. You are treated as a person who has a legal problem that needs solving, not as just another case file. Our attorney, Todd Dwire, has been guiding people through divorce and family law issues in Lakeville and the surrounding areas for over 17 years. We also provide estate planning services.

A six-month review hearing can be scheduled to make sure parents are following court orders for custody, parenting time and child support. The court cannot change orders at this hearing, but it can take steps to make sure the orders are being followed. Either parent can ask for a six-month review hearing after getting a divorce, custody, child support or parenting time order for the first time. The court administrator can give you a form and the steps needed to ask for this hearing.


If you're getting divorced, you're probably going through an emotionally draining process. It's rarely neat and tidy, but the best way to ensure a relatively successful divorce is to work with a qualified attorney who can guide you through the process and represent your interests. Don't delay; contact an experienced Minnesota divorce attorney today.
Any information disseminated on this website does not constitute legal advice of any kind,and does not form the basis for an attorney-client relationship. As such, the reader of such information is advised to consult directly with a competent legal professional of their own choosing to discuss and answer any substantive legal questions they may have.
Essentially, a Social Early Neutral Evaluation is similar to mediation in that it is a form of alternative dispute resolution that is voluntary and non-binding. The difference is that with ordinary mediation, the mediator generally will not take a position. Whereas the evaluators presiding over an SENE are specifically tasked to give their recommendations, as a way to help the parties reach a settlement.
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,...
Probably the most common misconception that I hear from people about divorce mediation it that they believe it is only suitable for couples that are very amicable. Their perception is that since they are not getting along very well with their spouse, they can’t sit down together and discuss anything let alone issues regarding their money and children. In fact, mediation is very well suited to helping parties who are high conflict to work through their differences and come to a reasonable solution. 
I have a great deal of experience with court matters, but I am now concentrating more of my time on Wills and Probate. I have been an arbitrator of Minnesota No Fault Auto Accident Claims. I graduated from Hopkins (MN) High School in 1967; St. Olaf College, Northfield MN in 1971 (BA History and Asian Studies) and William Mitchell College of Law (now Mitchell Hamline Law School) in 1975 (JD), working days and attending classes at night through a four year program. I am married and have two adult children.
Essentially, a Social Early Neutral Evaluation is similar to mediation in that it is a form of alternative dispute resolution that is voluntary and non-binding. The difference is that with ordinary mediation, the mediator generally will not take a position. Whereas the evaluators presiding over an SENE are specifically tasked to give their recommendations, as a way to help the parties reach a settlement.
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.

The court can appoint a "parenting time expeditor" (previously called a “visitation expeditor”).  This “expeditor” is a neutral person who will help solve problems about parenting time. An “expeditor” may not be available in all counties.  If an agreement is not reached, the expeditor will make the decision. The decision of the parenting time expeditor is "non-binding."  This means that the court can change the decision if either party brings a motion asking the court to resolve the dispute.  Until changed by the court, the parents must follow the expeditor’s decision. 
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