If any issue pertinent to a custody or parenting time determination, including parenting time rights, is unresolved, the matter may be set for mediation of the contested issue prior to, concurrent with, or subsequent to the setting of the matter for hearing. The purpose of the mediation proceeding is to reduce acrimony which may exist between the parties and to develop an agreement that is supportive of the child's best interests. The mediator shall use best efforts to effect a settlement of the custody or parenting time dispute, but shall have no coercive authority. 

The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.
Steven Coodin was born and raised in Winnipeg, Manitoba, Canada . He received his Bachelor of Arts Advanced Degree from the University of Manitoba in Winnipeg in 1996. He later attended law school at Thomas Cooley Law School in Lansing, Michigan and graduated in the fall of 2001. He has been practicing law since he was admitted to the Minnesota State Bar in 2002 and primarily works in the area of criminal defense and family law. Steven prides himself in his work ethic and dedication to his client's cases. Steven formed his own solo attorney...
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.
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.
The length of mediation depends on what issues have been agreed to prior to mediation and those issues that need to be addressed during mediation. Also, the amount of time spent in mediation is contingent upon you and your spouse's willingness to come to agreements that are equitable for the both of you and your willingness to do what is in the best interests of your children. The time spent in mediation can be reduced if you and your spouse are able to come to agreements prior to mediation, or at the least, narrow down your options to a few workable ones. However, if you and your spouse are not able to discuss your divorce outside of mediation, it is strongly recommended that you avoid it at all costs. When couples try to work out issues on their own and it leads to arguments and "drawing lines in the sand", it makes mediation more difficult and time consuming.

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.
Lisa Watson Cyr has devoted her practice to the area of Divorce and Family Law since being admitted to the Minnesota Bar in 1998. Her experience and depth of knowledge ensure that her clients receive the highest quality of representation in dealing with all aspects of family law matters including divorce, custody, parenting time, child support, marital and non-marital property, alimony, and paternity. She is an effective negotiator and skilled litigator, always keeping the best interests of her clients as her sole focus. Although Lisa believes her clients are best served by a negotiated settlement and strives to settle matters...
Lisa Watson Cyr has devoted her practice to the area of Divorce and Family Law since being admitted to the Minnesota Bar in 1998. Her experience and depth of knowledge ensure that her clients receive the highest quality of representation in dealing with all aspects of family law matters including divorce, custody, parenting time, child support, marital and non-marital property, alimony, and paternity. She is an effective negotiator and skilled litigator, always keeping the best interests of her clients as her sole focus. Although Lisa believes her clients are best served by a negotiated settlement and strives to settle matters...

There is a growing movement toward using alternatives to traditional litigation to resolve divorce cases. One of the most popular options is mediation, which involves both spouses, and their attorneys, meeting with a neutral person trained to help them come to an agreement that is mutually acceptable. Our family law lawyers have often served as divorce mediators in Minnesota and represented hundreds of clients as such.
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?
The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.
Just because an asset is titled in one spouse’s name does not mean that asset belongs exclusively to the title-holding spouse. How you acquired the property determines whether property is marital or nonmarital, which determines how (or whether) the property will be divided. Marital property includes assets purchased or paid for during a marriage. Marital property will usually be divided between spouses. Non-marital property is different, however. Nonmarital property includes assets that are acquired by only one spouse, either as a gift or inheritance, as property the individual brought into the marriage, or in some instances, that one party acquired alone during the marriage. An attorney can help you figure out what property is marital and what is not. An attorney can also advise you about how to protect your assets in a divorce.

Thomas Tuft, a native of the East Side of Saint Paul, is a shareholder at Tuft, Lach, Jerabek & O'Connell, PLLC practicing in all areas of family law, including complex divorce, child support, paternity, and child custody. He is a Rule 114 Qualified Neutral, a Social Early Neutral Evaluator (SENE) and a Financial Early Neutral Evaluator (FENE). He has been named among the list of Minnesota SuperLawyers® since 2002 and has been named one of the Top 40 Family Law SuperLawyers in Minnesota since 2004. He has been named to the list of Top 100 Superlawyers® in Minnesota and the...
“ A thousand kudos to you and your professional staff and excellent service. Without your help I would have spent thousands of dollars for no good reason. The documents were prepared without flaw, and my divorce was granted on the terms that were agreed upon without any problems whatsoever. The time frame from initial filing to final decree was less than a month. ”
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
Luke J Blahnik is the founder of Law Firm of Luke J Blahnik. Mr. Blahnik was born in the city of Rochester, Minnesota and graduated from Caledonia High School, in Caledonia, Minnesota. In 1998 he received his Bachelor of Science in History from Winona State University, in Winona, Minnesota. He then went on to receive his Juris Doctor degree from Hamline University School of Law in 2001 and was admitted to practice law in the State of Minnesota in 2002. From 2001 through 2004 Mr. Blahnik was a Judicial Law Clerk for the Koochiching County Courthouse, where he...
The reasons for divorce in Minnesota include general and no-fault reasons. Proper grounds for the divorce must be given. No-fault reasons for the divorce include an irreparable breakdown of the marriage for reasons including living separately for 6 months or serious conflict between the couple. General reasons include only one reason, which is the irrevocable disrepair of the marriage with no chance of repair.
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.
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.

A child support obligation terminates automatically when a child turns 18, or graduates from high school — whichever comes later, but in no case beyond the child’s 20th birthday. [1]. (A rare exception to this is in the case of a child who is incapable of supporting himself because of a physical or mental condition, in which case child support may continue throughout the child’s entire life).


A common problem for many families is a dispute over where the minor child(ren) will attend school. If you have sole legal custody, you may decide this on your own. But if like most parents you have joint legal custody, then the choice of school is something that must be agreed upon, or otherwise submitted to the Court or Alternative Dispute Resolution for a determination.
Going through a divorce can be one of the toughest times in your life. You need a lawyer who understands what you're going through and who can help you look at the practicalities as well as the legalities you need to deal with. You need a lawyer who can be aggressive and fight for what you are entitled to, but who will also be honest with you about what is reasonable in the eyes of the law.
Although many mediating couples are amicable and work well in mediation, there are also many couples who are very emotional about the divorce and don't think they can negotiate face to face. Part of every qualified mediator's training is in assisting couples who have high emotions but who still would like to work things out peacefully. People do calm down and become effective mediation participants when they see that the process can work without adding to the high emotional and financial cost of 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.
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.
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.

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.

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.
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.
Mediation offers a quite different approach to resolving conflicts between the parties. A neutral third party-the mediator- assists the parties in sorting out their affairs and comes to a mutual agreement in a confidential private format. Mediation is a solid option even for those that are having trouble with communication. It is a cost-effective process and it avoids the legal war of going to court.
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.
Like all states, Minnesota requires both parents to support their children, even after a divorce. The amount of child support depends primarily on each parent's income and other resources, and how much time each parent spends with the children. In addition, sometimes the courts will "impute" income to a parent who has the capacity to earn more than he or she actually is earning. To learn more about child support, see Nolo's Child Support area.
Unless your lawyer thinks it's important that you be represented, try the first session without your attorney. (If your spouse is insisting on having an attorney present, you'll want to do the same.) If you're not represented, but you've asked a lawyer to be your consulting attorney just for purposes of mediation, then you'll likely attend the first mediation session on your own. Either way, if you go by yourself and then you find that you can't state your position clearly or stand up for yourself alone, then consider bringing your lawyer to later sessions.

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.


Your agreement can include all parts of a divorce or focus on only financial or child-based issues. Again, this is up to you. The mediation process is confidential. Aside from agreements reached in writing, everything said in mediation is confidential. Like a psychologist’s office, your mediator cannot be called as a witness to anything said in mediation. This confidentiality lets couples discuss matters more freely than before a judge and lets them move past and resolve issues.
If you own your home or other land, this property must also be divided fairly.  The court may order the property sold so that each of you will have your share as soon as possible.  The court might award one spouse the home and give the other spouse other property, such as retirement accounts, that equal the equity in the home.  If the court believes that it would be better for the minor children to remain in the home, it may permit the children and the custodial parent to remain in the home until the children are 18 years old.  Then the proceeds from the sale of the home will be split. 
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