Spousal maintenance is money paid to support an ex-spouse.  Either spouse can ask for spousal maintenance, but the court will not award spousal maintenance unless there is a need for it.  Spousal maintenance may be granted for several reasons.  These include disability or illness or not having worked outside the home for a number of years.  If there is a large difference between your income and that of your spouse, you may be in need of spousal maintenance.
Mediating parents have a number of options available for determining how to provide for their children’s needs after divorce. As a starting point, we will calculate MN guideline child support using the MN Child Support Calculator which as of January 1, 2007 uses an income shares model for determining child support obligations. My process includes a complete explanation of how to properly input the information and how to read the calculator’s result. While many parents choose to follow the State guidelines; some parents decide to deviate from guideline support based on a variety of reasons. Still others adopt a less traditional (and more flexible) plan for sharing all expenses relating to the children, such as a joint checking account or monthly accounting and reimbursement method. Mediation allows you to be creative about how best to provide financial support for your children’s needs after the divorce.
Brian James is a Divorce Mediator with offices in Northern Illinois and Southern Wisconsin.  He is the founder and owner of C.E.L. & Associates, a private mediation firm that focuses on pre and post decree divorce issues. His background consists of 10.5 years working with domestic violence and divorcing families in the Criminal Justice System. He is a member of numerous mediation organizations and local chambers of commerce. His goal is to assist his clients in their time of need and help them work out agreements that are best for them and their children. At the same time, he tries to save his divorcing couples time and money that is otherwise wasted in the court system. What would you rather do with your money during a divorce, pay it to an attorney or invest it in your child's college education?
The flowchart below gives an overview of different processes for completing a divorce in Massachusetts. In 95% of divorce cases in Massachusetts, the final terms of the divorce are agreed upon in a separation agreement that is written up outside of court and presented to a judge who approves it in a 20-minute hearing. There are very different routes, however, for reaching this separation agreement and brief hearing. In many cases, there are court actions–litigation or “contested divorce” processes–before a couple agree on the terms of the divorce in a separation agreement.
Like attorneys, most mediators charge by the hour. The average total cost of divorce mediation (with me) is approximately $2,000. In addition to the mediator’s fees you will need to pay a filing fee to your county of approximately $400 and if you choose to hire a professional for legal drafting, you should also expect an additional $1,250-1,500. On average, my clients incur a total combined cost of approximately $4,000.
Lesa Koski iis a state qualified neutral who became interested in mediation during law school more than 15 years ago. Lesa grew up in the Stillwater and Woodbury area and now lives in Hudson, WI. After a successful Health Care and Elder Law career, she is thrilled to begin working in her area of passion, mediation. Lesa wholeheartedly believes in f ... more
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. 
We work with a team of attorney mediators and non-attorney mediators who are committed to supporting divorcing spouses in the goal of hiring professionals only for what is needed. As a way to support those who want to take responsibility for their own divorces, these professionals have agreed to reduce their rates for individuals who find them through WashingtonDivorceOnline.com.

Jay has been a licensed attorney since 1980. He began his career as a public defender before transitioning into insurance defense work where he gained valuable experience and knowledge of the insurance industry and insurance practices. After founding Tentinger Law Firm in 1997, Jay practiced in family law as well as continuing his insurance defense work. Today, Jay focuses his time to working with small businesses and their litigation needs. Jay is a member of the Minnesota, Iowa, and Nebraska State Bar Associations and a no-fault arbitrator for the American Arbitration Association. He is admitted to practice before the...
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. 
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.
In mediation, the couple, with the help of the mediator, works out agreements on the above issues. Sometimes agreements come easy, sometimes they take time and a lot of work. When agreements are hard to reach, that is when the mediator intervenes. It is the mediators job to keep the lines of communication open, brainstorm ideas, reality test the couple, teach empathy and assist the couple in their decision making process. Mediators help keep the couple focused on the issues at hand, trying not to get them off track. When divorcing couples get off track and away from the above issues during mediation, arguing, name-calling and bad prior memories are brought up.

Many times in life each of us come to a crossroads or encounter an issue in which we need to get legal advice on how best to proceed forward. At such times it is important to obtain guidance from someone who can act like a beacon in a possible sea of doubt or confusion. Mooney Law Office is committed to providing you with top notch legal representation. Mooney Law Office has represented hundreds of clients over the years in the ten county metropolitan area as well as out-state Minnesota. Every client is approached with a focus on integrity, advocacy and understanding....
Not exactly; mediated settlements do not become legally binding until they have been submitted to, and accepted by, the Court. The final product of mediation is a Memorandum of Agreement. This document memorializes all of your agreements and is the basis for your Marital Termination Agreement and Judgment and Decree. If unrepresented by attorneys, most of my clients choose to hire a neutral attorney (or scrivener) who completes all of the necessary legal documents and assists with the filing process. If either or both clients are represented, one of the attorneys may be selected for drafting the legal documents and the other attorney reviews everything for accuracy. A few of my clients choose to use the pro se forms available online through the MN District Courts website. At the conclusion of mediation, I will be able to help you determine the best option for your situation. It is important to know that even if your mediator is also an attorney, it is considered professionally unethical for a mediator to draft legal documents for his/her clients.
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.
2. Take with you all of the household goods and furnishings, and other items of personal property which you want to have, and inventory what you take. Although it is not a law, the old adage “possession is nine tenths of the law” is very applicable here. The reason boils down to the fact that litigating personal property issues is usually prohibitively expensive, because it normally costs more to litigate than the stuff is worth. So if you ever want to see it again, it is much simpler and easier to take it with you when you leave. [Caveat: don’t get too greedy. If you empty the place out and leave the spouse and children to sleep and eat on a bare concrete floor, you will not look good].
Some people think it will be easier and safer to have an attorney fight for their legal rights. Unfortunately, maximizing your legal rights often comes at someone else’s expense (for example your spouse or your children). This is referred to as a “win-lose” situation. All too often the transactional costs (both financial and emotional) of a “win” far exceed the value of the victory, especially for children. Although a good lawyer can be helpful, the adversarial legal process is expensive and often seeks to solve problems through opposing positions, and win-lose thinking. In my opinion, this adversarial approach is not only expensive and emotionally challenging; it is also detrimental to the long-term well-being of the people involved, especially the children. It may surprise you to know that most of my clients are unrepresented and successfully reach a complete mediated divorce settlement without retaining an attorney. My standard advice to people considering which divorce process to choose is to start with mediation and see how it goes. You may consult with or retain an attorney at any time and you never give up your right to go to court if mediation is partially or completely unsuccessful. With success rates as high as 80–90% and average savings of 20-50%, it seems the better question to ask may actually be, why wouldn’t you try mediation first?
In Minnesota, there is no particular age at which a child gets to decide which parent he wants to live with. Generally, the older the child, the more weight the child’s preference carries, whether in the initial custody determination or in the context of a motion to modify custody. [1] Still, the child’s preference alone is an insufficient basis for modification of custody. [2] There must be a showing of endangerment, at least on an emotional level, in order to modify custody. [3] The child’s preference is an important factor and often a sine qua non of a showing of endangerment.

If one of the parties is awarded ownership of the home or other real estate, the Judgment and Decree will describe exactly how the transfer is to happen.  Many times, the Judgment and Decree orders the other party to sign a Quit Claim Deed.  A Quit Claim Deed transfers his or her rights in the real estate to the party who was given the property.  The Quit Claim Deed and the Judgment and Decree are filed with the County Recorder or Registrar of Titles.  If the property is registered (called Torrens) property, the owner's duplicate certificate of title is needed.  The Quit Claim Deed and the Judgment and Decree are then "memorialized" by the Registrar of Titles and a new title issued.  If the Quit Claim Deed is not signed and provided, you should check with an attorney and/or the County Recorder or Registrar of Titles to find out what to do.


Karen is a mediator with multiple sources of experience transforming complex disputes into mutually beneficial outcomes. Karen is available for mediations, meeting and workshop facilitation, and conversation coaching. Her subject-matter expertise includes environmental, and the cultural and technical intersections of fee and tribal trust land. This ... more
It also possible, as part of settlement agreements to contractually limit the amount and duration of spousal maintenance, and limit or prevent altogether any future modification of maintenance, though what is known as a "Karon waiver". Benefits of such waivers involve certainty to both parties as to amount and duration of maintenance. Risks also are possible, if a party contracts to a set term and amount of maintenance, and either through illness or job loss, either cannot meet their obligation or may need an extension of their award, as most waivers require the court to give up jurisdiction to make such a change. Importantly, Karon waivers may only be agreed upon by both parties. If there is no such agreement, a court may never order such limitations and waivers of rights to future "modification" of the amount or duration of maintenance.

Petition for Dissolution of Marriage and Decree of Dissolution of Marriage. These are the essential documents needed to start and finalize a dissolution of marriage according to Minnesota law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. A few other documents that are typically filed during the process are: Summons, Form 11, Confidential Information Form, Marital Termination Agreement, Financial Affidavit, and Affidavit of Non-Military Status.
The court decides both legal and physical custody.  Legal custody is the right to make the major decisions about the children.  These include the children's religious upbringing, schooling, and medical care.  Physical custody means where the children live and which parent makes the routine daily decisions.  Physical custody is what most people think of when speaking about custody.
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