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 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.
Very few things in any family law issue are black-and-white. Our job is to step back and help you look at the larger picture in terms of what you have to get out of your divorce versus what might be emotionally driven. We sit down with you to discuss whether what you are asking for is worth pursuing and how a judge might handle a situation if your case ends up in litigation.
Minneapolis, St. Paul, Anoka County, Apple Valley, Belle Plaine, Buffalo, Burnsville, Carver, Carver County, Chaska, Chanhassen, Cokato, Cologne, Dakota County, Dassel, Delano, Duluth, Eagen, Eden Prairie, Edina, Faribault, Gaylord, Glencoe, Golden Valley, Hastings, Hennepin County, Hopkins, Hutchinson, Jordan, Lakeville, Mankato, Mcleod County, Minnetonka, Mound, Northfield, Norwood-Young America, Plymouth, Prior Lake, Ramsey County, Rice County, Richfield, Rockford, Rochester, Savage, Scott County, Shakopee, Sibley County, St. Louis Park, Victoria, Waconia, Watertown, Wayzata
Disclaimer: Communications between you and LegalZoom are protected by our Privacy Policy but not by the attorney-client privilege or as work product. LegalZoom provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Your access to the website is subject to our Terms of Use.

Usually the petitioner's attorney calls the petitioner's witnesses first.  Each witness is sworn under oath and answers the attorney's questions.   Then the other attorney may question the witness. Sometimes the court may ask questions. Sometimes the petitioner's attorney will ask additional questions.  When the petitioner's attorney has called all of his or her witnesses, including the petitioner, the attorney tells the court that the petitioner rests his or her case.  Sometimes the attorneys will present their argument in writing. 
Although there are many types of mediation, the mediator’s role in general is to remain neutral; she cannot give advice to either party, nor can she act as either party’s attorney. However, the mediator can and does allow the parties to exchange information and encourage a level of trust in the other party and in the process so that parties can best find a solution that suits both parties.
Courts in Minnesota usually only have power over people and things in Minnesota.  This power is called jurisdiction.  If the respondent was served outside of the State of Minnesota, or if the respondent could not be found and was served by publication or other special service, the Minnesota court might be limited to making only the following decisions:

This shortsighted approach overlooks many things, the first of which is the obvious waste of money. It’s important to ask yourself if the asset is really worth the fight. Divorce leaves most people with fewer assets than they had during marriage – why spend what you have left on attorney’s fees? It also overlooks the possibility that with more property on hand, the other spouse will be able to contribute to college costs and other child-related expenses. Finally, property allocated to your spouse may also reduce the need for alimony.
Meditation during divorce is a way of finding solutions to issues such as child custody and spousal support. It is an alternative to formal process of divorce court. During mediation, both parties to the divorce and their attorneys meet with a court appointed third party. This third party, the “mediator” assists the parties in negotiating a resolution to their divorce.

A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage. (Minnesota Statutes - Chapters: 518.06, 158.13)


I provide legal services for families facing family law issues in Amherst, Springfield, and Western Massachusetts. I specialize in mediation, uncontested divorce, out-of-court divorce negotiations, and divorce consulting and document review. I will work with you to arrive at solutions regarding child support, parenting plans, property division, debt division, and spousal support issues. I will help you to make thoughtful transitions that ensure financial stability, secure parenting plans for children, and legal closure on difficult emotional issues.
If your child has been taken by the other parent, you should contact friends, neighbors, and relatives to get information about the other parent's location.  Schools should also be checked to see if the child's records have been transferred.  You can also check the State Bureau of Motor Vehicles to see whether a new car license or a new driver's license has been issued to the parent who has hidden or taken the child.
It should come as no surprise that it is difficult for parties to a divorce or other family law dispute to reach agreements on important issues on their own. However, oftentimes, disputes related to divorce and other family law matters can be resolved with the assistance of a neutral third party through mediation. The job of the Minnesota divorce mediators at Bloch & Whitehouse, P.A., is to facilitate communication between parties to promote an agreement.

It is understandable that when people reach agreements together based upon what they think is right and fair, their agreements are much more sustainable going forward than court orders that tell the parties what they must do or not do, pay or give to the other party. In fact, a great advantage of mediating your divorce settlement is that you will make all the decisions together about what is best for you both and for your children as you go forward.

If you’re struggling with coming to terms with the fact that you need a divorce, now is the time to speak with a professional who has literally been in your shoes. Our owner Jeff Johnson has been through a divorce himself and understands the emotional toll it can take on a couple. If you’re tired of fighting and ready to put the past behind you, reach out to Jeff today to setup a free one-hour consultation. He can be reached by phone at 952-401-7599 or you can reach Jeff directly at jeff.johnson@johnson-mediation.com. Jeff looks forward to hearing from you soon.
State of Minnesota, District Court, County of __________, __________ Judicial District. This is the Minnesota court where the dissolution of marriage will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.

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.

A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage. (Minnesota Statutes - Chapters: 518.06, 158.13)
As mentioned above, the court is going to ask what Alternative Dispute Resolution you have used prior to coming to court.  In most cases, some type of ADR is required, but there are exceptions, such as some cases involving domestic violence.  In recent years many mediators have developed better protocols for accommodating those circumstances, and so some cases involving domestic violence do proceed with mediation today.  A victim of domestic violence should seek the advice of counsel regarding any ADR process they are considering.

The other party is often awarded a lien or a mortgage for a share of what the property is worth.  A lien is a claim on the property.  The party awarded the real estate owes the other party the amount of the lien or mortgage.  The Judgment and Decree usually sets a date by which the payment must be paid.  If the lien is not paid when due, the party owed the money can ask the court to order the other to pay the lien, or to change division of the property in the Judgment and Decree.  In the case of a mortgage, the holder of the mortgage could foreclose.


THIS IS AN ATTORNEY ADVERTISEMENT. CORDELL & CORDELL, ST. LOUIS, MO. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. The choice of a lawyer is an important decision and should not be based solely upon advertisements. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST.
NO, THEY ARE NOT! I can’t tell you the number of times someone comes to me with this same sad predicament. For several months or years, the party has been paying less child support or spousal maintenance by verbal agreement with the other party, only to be socked later with an arrears judgment for $20,000, $30,000, or $40,000, as the case may be. The only way to protect yourself from this is to have the agreement drafted up and approved by the court in writing.
If you can afford an attorney, but don't know any, ask a friend who was satisfied with his or her attorney.  You can also look in the yellow pages under "Attorneys."  You can contact the local bar association's attorney referral service listed below.  The Lawyer Referral Service can give you the name and telephone number of an attorney in private practice in your area who may be able to represent you.  You may have to pay an initial fee for the first appointment with the attorney.  You may be able to negotiate how much you will pay the attorney for representation in a divorce. Many attorneys will ask for payment of some money before the divorce is begun. This is called a retainer.
Mediation is confidential and non-binding. Mediators cannot force the parties into a settlement. Rather, mediators keep everyone focused and facilitate the exchange of information. Mediation is not appropriate in all cases, particularly those in which there is a history of domestic abuse among the parties. The actions and concessions of a party during mediation cannot be used against them in court pursuant to the rules of evidence.

Regardless of your children’s ages, you need to communicate about what’s happening, since it affects their lives too. Agree to talk to your kids together. Agree on how it will be done, where it will be done, and what you will say. Present a united front and try to answer their questions as well as possible, without divulging unnecessary adult information. Kids are smart, and they probably already know something’s up. They deserve to hear that their parents will continue to love and support them and that everything will be ok.
For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney's track record in bringing about quick, successful resolutions to cases similar to yours.
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.
The Minnesota Judicial Branch maintains a helpful section on divorce at its website, including matters of children and property, an overview of the fees involved in the process, paperwork, and what to expect when you go to court. The site also has a guided flowchart to help you determine which forms you'll need. Also, see FindLaw's article on same-sex divorce.

Attorney fees vary from hundreds of dollars if the case is easy to thousands of dollars for cases with custody and/or property disputes.  It is important that you understand your payment arrangement with your attorney.  Many attorneys charge an hourly fee for their services.  You will be charged each time the attorney works on your file.  Ask your attorney for a written “Retainer Agreement” or letter which explains in detail how you will be charged for legal services.
Regardless of your children’s ages, you need to communicate about what’s happening, since it affects their lives too. Agree to talk to your kids together. Agree on how it will be done, where it will be done, and what you will say. Present a united front and try to answer their questions as well as possible, without divulging unnecessary adult information. Kids are smart, and they probably already know something’s up. They deserve to hear that their parents will continue to love and support them and that everything will be ok.

Disclaimer: Communications between you and LegalZoom are protected by our Privacy Policy but not by the attorney-client privilege or as work product. LegalZoom provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Your access to the website is subject to our Terms of Use.


Court cutbacks mean that judges have less time to handle every case; many times, people find themselves stalled for months at a time waiting for a court date or for something to ‘happen’ on their case. Parties can spend tens of thousands of dollars on attorney fees and then one or two years later fire both attorneys and come up with their own agreement. Mediation lets people move forward at their own pace.

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.

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.

Notwithstanding all of the above, mediation can often be the process that helps break an impasse and result in a reasonable settlement of one’s case. But for mediation to work, both parties must be prepared to compromise. If you approach mediation with the attitude that it will be an opportunity to convince the other party to do things your way, mediation will likely fail. That said, be careful not to concede too much. A lawyer can give you an appreciation for where the line is between generous cooperation and foolish capitulation.
Divorce mediation still feels like a new idea in some parts of the country, but it’s increasingly well-known and widely accepted. Mediation means different things to different people. In the form I recommend, you and your spouse would sit down in the same room with each other and with a neutral mediator. With the mediator’s help, you would work through all the issues you need to resolve so the two of you can get through your divorce.
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.
For married parties with children born during the marriage, both parties have joint legal and physical custody until the Court orders otherwise. Thus, either parent has the right to take the children, and the other parent has the right to take them back, and so forth. This can lead to a lot of game-playing and tugs-o-war which are obviously harmful to the children.
Disclaimer: Communications between you and LegalZoom are protected by our Privacy Policy but not by the attorney-client privilege or as work product. LegalZoom provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Your access to the website is subject to our Terms of Use.

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.
Jerry has devoted himself exclusively to the practice of divorce and family law in Minnesota since 1993. He practices in all areas of family law including divorce, custody, child support, paternity, grandparents' rights, mediation, appeals, and same sex cases. Jerry is particularly experienced in representing clients in interstate and international divorce and child custody, and frequently advises other attorneys on these issues. Jerry's practice includes collaborative law and alternative dispute resolution. He is the author of the first Minnesota divorce and family law blog in the state, a recurring author for the Minnesota Association for Justice Magazine, and...
James Rainwater has provided professional neutrality for court-ordered and private mediations since 2002. He is qualified to conduct both General and Family Law mediations. Mr. Rainwater is experienced in mediating matters involving Family Law, Child Abuse and Neglect, Insurance, Contract Disputes, Personal Injury, Real Estate, Probate, Property ... more
As a family law attorney and mediator for almost 30 years, I spend a great deal of time educating prospective clients and the public about the many benefits of choosing to mediate their divorce rather than selecting the more traditional litigation path. Even though divorce mediation is much less costly, less time consuming, and less divisive and stressful than the adversarial model of litigation, I often hear the same three concerns raised about mediation.
The Petitioner must personally serve the Respondent (non-filing party) with the Summons and Petition, unless a Joint Petition is filed. The Respondent has 30 days to answer the Petition. In the case of service by publication, the 30 day time period does not begin until the expiration of the period allowed for publication. In the case of a Counter-Petition for dissolution or legal separation to a Petition for Dissolution or Legal Separation, no Answer to the Counter-Petition is required, and the original Petitioner is deemed to have denied each and every statement, allegation and claim in the Counter-Petition.

Making the decision to part from your spouse is always difficult – particularly where there is money and support involved. While the alimony laws in Minnesota may be difficult to understand, the good news is that you don’t have to go through this process alone. A good first step in requesting alimony is to contact a Minnesota divorce lawyer, who can advocate on your behalf.


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.
If you represent yourself in the divorce you will be called a “pro se litigant.” In all Minnesota district courts, there are forms that pro se litigants in divorce cases can use. You should check with your local courthouse or law library or the Minnesota State Courts website (www.mncourts.gov/forms) for more information about where to get these forms.
×