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)
Even if you and your partner do not agree on much, divorce mediation could still be for you. Check out The Divorce Mediation Quiz for typical issues to think about when considering divorce mediation. If you and your partner think that divorce mediation could be a sensible solution for your family, you should learn more by meeting with a divorce mediator who can answer questions specific to your situation.
Judges, evaluators, and guardians will often pontificate about the virtue of compromise and settlement, as if this were the ultimate objective of any reasonable person, rather than as a means to an end. They speak as if both parties are equally to blame for a failure to settle, when in fact such failure is often the result of only one of the parties, who is being excessively greedy, obnoxious, stubborn, or selfish.
A family law mediator is a neutral party specially trained to help couples resolve the issues in their divorce. The mediator facilitates the communication between the parties by making sure each party is given an uninterrupted time to speak, asking a party to restate or explain a point when necessary, and asking questions to make communication clear. The mediator also provides information about the legal system, how issues may be viewed by lawyers or judges, and what alternatives there are for solving issues. When necessary, the mediator will refer the couple to third party experts for services such as appraisals.

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 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.
During this stage, the mediator may first begin to discuss the general legal rules that might apply to your case. This can include the laws of your state dictating how a judge would divide your assets and debts, how child custody and child support would be decided, when and how alimony can be ordered, and laws dealing with related issues like taxes and life and health insurance. This general legal information will help you decide how to approach the issues in your case.
The divorce becomes final when the court clerk "enters" the Judgment and Decree, which means the clerk writes it down on a court list of all judgments.  The Judgment and Decree contains the final decisions of the court.  Sometimes it is a week or more after the default hearing before the Judgment and Decree is entered.  The court clerk may send a copy of the Judgment and Decree to the petitioner's attorney.  This attorney serves the respondent with the final Judgment and Decree and gives a copy to the petitioner.  There is no waiting period in Minnesota—the divorce is completely final when entered.
Court rules now require both sides to try ways other than court to resolve their differences.  There are many other ways to reach agreements called alternative dispute resolution (ADR) methods.  Make sure you know all your choices before deciding on a method.  The parties may be asked to pay for the cost of ADR. Most ADR methods let you stop the process at any time without reaching an agreement.

Stacy Wright Family Law and Mediation, Chtd., is a family law and mediation firm located in Brooklyn Park, Minnesota. Stacy Wright, Attorney at Law, is experienced, empathetic, and creative. She takes the time to get to know her clients and understand their goals, so she can help them work towards their goals. Stacy Wright believes that it is important for her clients to understand both the court process and the laws that affect her clients’ cases, so in addition to advocating for her clients, her law firm also focuses on client education.

In some Minnesota counties, the court provides mediators on issues concerning the custody of the child(ren) at little or no cost. Property issues may require a private mediator, the cost of which is typically split among the parties. You can expect to spend at least $200.00 per hour for good divorce mediator services in Minnesota, the cost of which is usually divided with your spouse.

With respect to financial issues, this same rule applies, as modified by the additional consideration of attorney’s fees. For example, it might be very likely that the court would award you $10,000 more in assets than your spouse is proposing, but if it will cost you $20,000 in attorney’s fees to litigate over it, it doesn’t make much sense from a purely practical, financial standpoint to do so.
Mediation is a confidential discussion of the issues that need to be resolved in a divorce or custody situation.  The divorce mediator, or child custody mediator, facilitates the different possibilities for resolving those issues.  The mediator doesn’t have any decision making authority, so the process isn’t inherently risky; you can only serve to benefit if you can resolve your issues out of court.
It can be difficult for a client to know whether his or her lawyer is performing well or not. Sometimes even the best of lawyers does not achieve the desired result, and it may be due to a difficult set of facts, a bad judge and/or custody evaluator or guardian ad litem, or unrealistic expectations. There are some clear indications of bad lawyering, however, which are objectively obvious:
The size of the estate doesn’t always correlate with the overall fees incurred. Dividing property is not always a major issue between spouses. Some couples with substantial marital estates manage to divide assets with minimal fighting or attorney’s fees. Once they’re informed of their rights, how the law works, and what a court would likely do, they divide property accordingly. These individuals appreciate the wisdom of avoiding unnecessary legal expenses.
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.
The content of this website is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. To establish an attorney-client relationship with Williams Divorce & Family Law requires a retainer agreement signed by you and attorney Gerald O. Williams. Woodbury/St. Paul, Minnesota, attorney, Gerald O. Williams, represents clients in divorce and family law matters throughout the seven county metro area, including the communities of St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater. The seven county metro area includes Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.
What the mediator can do, though, is to point out in open session to both spouses things that each of them should be aware of about what they’re trying to accomplish. 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.
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The mediator will also ask you and your spouse to bring in financial documents such as tax returns and bank and mortgage statements. As you progress, the mediator will summarize the information being assembled. If you agree that additional research is needed or a neutral expert is to be consulted, that will go on a “to do” list. This second stage of the mediation can span two or more sessions, especially if you need to do outside work to obtain additional information or appraisals. If you feel that you already know enough about your situation and have definite ideas on how to work out a settlement, you may find yourself impatient with this stage and anxious to move ahead with the negotiations. Even though you may want to rush on, the mediator’s job is to make sure that both you and your spouse have all the facts and information you need to negotiate an agreement that is legally binding and that you won’t regret having signed.

In almost all cases, you will be required to attempt some form of alternative dispute resolution. This will typically take the form of "mediation" which is a process in which a neutral third party, typically an attorney trained in mediation, will attempt to assist the parties in reaching their own compromise settlement of some or all issues between the parties. The mediator does not make decisions, but rather facilitates a discussion between the parties (sometimes alone and sometimes with the assistance of counsel) aimed at reaching settlement of your issues. The mediation process is confidential, and if you are not successful in reaching a mediated settlement, the judicial officer will never learn what positions either party took in mediation. As part of the mediation process, the mediator will request both parties provide an accurate summary of income, assets and liabilities. It is recognized that sometimes, one party controls some or all of this information, and skilled mediators attempt to assure that there is a full and fair disclosure of financial information, and a full and fair discussion of the issues.

Here you will find an overview of Minnesota divorce laws. From the time the Petitioner (or Co-Petitioner) files the Petition for Dissolution of Marriage, until the time the Decree of Dissolution of Marriage is signed by the Judge of the County Court or District Court, Minnesota has certain procedures that need to be followed. These procedures are all in accordance with Minnesota laws, encompassing maintenance, child custody and visitation, child support, and equitable distribution.

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. 
Here you will find an overview of Minnesota divorce laws. From the time the Petitioner (or Co-Petitioner) files the Petition for Dissolution of Marriage, until the time the Decree of Dissolution of Marriage is signed by the Judge of the County Court or District Court, Minnesota has certain procedures that need to be followed. These procedures are all in accordance with Minnesota laws, encompassing maintenance, child custody and visitation, child support, and equitable distribution.
In all of the states we practice in, both equitable distribution states and community property states, the parties are encouraged to actively participate in, and come to agreement on, the fair division of their marital assets and liabilities. But unless you and your spouse are experts in the financial matters pertaining to divorce, this can be a dangerous path to walk.
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.
If you do move out, take steps to guard against destruction of property. Videotape the contents of the home (e.g., furniture, art and other valuables) and make copies of important documents (birth certificates, account statements, deeds and insurance policies) before you leave. You may also consider taking your own family heirlooms and other personal, irreplaceable items with you.
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The success Fellows of the Minnesota Chapter of the American Academy of Matrimonial Lawyers have had is based in part on the business sophistication and experience of many of our attorneys. That experience carries forward after trial, to the detailed written summations of the evidence and the law, submitted to the trial judge either immediately prior to or after trial, depending on the preferences of the judicial officer assigned to your case.
The Petitioner (filing party) may file a Petition for Dissolution of Marriage in the county where either party resides. If neither party resides in the state, and jurisdiction is based on the domicile of either spouse, the proceeding may be commenced in the county where either party is domiciled. If neither party resides or is domiciled in the state and jurisdiction is premised upon one of the parties being a member of the armed forces stationed in Minnesota for at least 180 days before filing, the proceeding may be commenced in the county where the service member is stationed.

Early Neutral Evaluation (ENE) in Family Court Cases - For parents who are getting divorced, this statewide program connects them with judges and evaluators early in the court process to give them an opportunity to settle their legal issues. Parties can choose to participate in one or both types of ENE: a Financial ENE (FENE) to settle financial disputes; and Social ENE (SENE) to settle custody and parenting time issues involving their children.
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