Unless a reasonable support amount is agreed to by the parents, the court shall set child support according to the child support guidelines and worksheet. The court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. In addition to the child support guidelines, the court shall take into consideration the following factors in setting or modifying child support or in determining whether to deviate from the guidelines: (1) all earnings, income, and resources of the parents, including real and personal property, but excluding income from excess employment of the obligor or obligee (2) the financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported; (3) the standard of living the child would have enjoyed had the marriage not been dissolved, but recognizing that the parents now have separate households; (4) which parent receives the income taxation dependency exemption and what financial benefit the parent receives from it; (5) the parents' debts; (6) the obligor's receipt of public assistance under the AFDC program. (Minnesota Statutes - Chapters: 518.551, 518.552)

If you and your spouse are splitting up, one question you may be asking is, “how will I support myself?” In this era of dual income families, when you get a divorce or legal separation, you often times also lose a portion of the source of your monthly rent, mortgage, bills, and more. This can often be a deterrent for people to get a divorce – even when they desperately need one. Lawmakers in Minnesota, as in all states, have allowed for spouses to petition the court for what is known as “alimony.”
If one party denies under oath that the marriage is irretrievably broken, the Court may not grant the divorce without finding irretrievable breakdown, after a hearing and consideration of all relevant factors, including but not limited to: 1) the circumstances that gave rise to the commencement of the proceedings; and 2) the prospect of reconciliation. [3] The Court may not find irretrievable breakdown as long as a reasonable prospect of reconciliation exists. [4]
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.
Courts do not usually deny requests to dissolve a marriage, even if that request is only coming from one spouse. Nevertheless, if your spouse wants a divorce but you don’t, you can argue that the marriage is not “irretrievably broken” at the evidentiary hearing. The district judge will make the determination; however, most divorce attorneys will tell you not to be optimistic about your chances of stopping the divorce by making this argument, assuming one spouse still wants the divorce.
Most state courts require you to submit a financial affidavit during the dissolution process. Be sure to check your local rules or consult with an attorney. It’s paramount to complete your financial affidavit accurately, as that information can be held against you later. Creating a rough draft early in the information-gathering process will ensure that your final version will be error-free. It also serves as a roadmap of the financial factors to cover during mediation.
In any case where parties cannot agree about custody or parenting time of the children, the court will require the parties to attend an orientation and education program. Some courts have programs for children to attend. The program covers the impact that divorce and the restructuring of families and legal proceedings have upon children and families. It will also cover methods for preventing parenting time conflicts and options for resolving disputes. 

But there's another way. Increasingly couples are turning to divorce mediation as a realistic and healthier alternative. A couple meets with a mediator to hammer out an agreement covering all the terms of their divorce, including finances and child custody. This usually takes six to 10 sessions and costs roughly $5,000. As a litigator and mediator I prefer to mediate, if appropriate. It's faster, cheaper and, most importantly, less acrimonious, which is less damaging, not just for a couple, but also their children.


This is based on the outdated belief that women know less about the marital finances than their husbands, therefore will not be left with a favorable outcome in the divorce. It is important to remember divorce mediators are neutral and have no interest in either spouse “winning.” Finally, most people believe couples who are barely speaking could not possibly benefit from divorce mediation. Divorce mediators are highly trained in alternative dispute resolution and are skilled at working with those who have significant levels of anger between them. Obviously, both parties will be required to speak at some point, but the divorce mediator may be able to help that happen.
Finally, parties may agree to continue child support past the statutory termination date. When this occurs, it is usually based on a mutual desire to support a child through college. Although the Court lacks jurisdiction to order child support beyond the statutory termination date, the Court does have jurisdiction to enforce a binding stipulation of the parties which provides for that. [4] If I am representing the obligor, I normally advise against this, because one can always support the children through college if one so desires. There’s no reason to get the Court involved.
Still want to try mediation? Check out the primer on mediated divorces, and talk to an attorney. And keep an open mind about the process, even if feelings are running high right now. Green says she had a client who would say she tried to say to herself, “‘how will I feel about this in five days, how will I feel about this in five months, how will I feel about this in five years?’, and I thought that was a very useful question for a person to ask themselves when they’re beginning this process.”
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.

With collaborative law, you and your spouse each hire specially-trained collaborative attorneys who advise and assist you in resolving your divorce-related issues and reaching a settlement agreement. You will meet separately with your own attorney and then the four of you meet together on a regular basis, in "four-way" meetings. A collaborative divorce usually involves other professionals, such as child custody specialists or neutral accountants, who are committed to helping you and your spouse settle your case without litigation. Ordinarily, both spouses and their attorneys sign a "no court" agreement that requires the attorneys to withdraw from the case if a settlement is not reached and the case goes to court.
The first opportunity for the Court to decide custody is normally at the temporary relief hearing. In Hennepin County, this can easily be four months or more from the date of filing. In other counties, it can be much speedier, as in Dakota or Scott County, where a temporary relief hearing date is normally available within about 3 weeks. Once the motions for temporary relief are heard, the Court has 90 days to rule, although they normally get temporary orders out within two to four weeks.
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.

Mediation is confidential, allows you and your spouse to make the decisions, and is less expensive than filing a lawsuit. You can reach a positive agreement that is more customized than the one you might receive from a judge. In mediation, you are responsible for your attorney’s fees, as well as half of the mediator’s fees. In certain states, mediation is required by the court after a lawsuit has been filed; for example, North Carolina requires couples to attend mediation before a child custody trial and equitable distribution trial.
On average, pre-decree divorce mediation can be completed in 4-10 sessions. Again, how long it takes really depends on what if any communication there is between the divorcing couples and their level of animosity for each other. If either one of the spouses is unwilling to budge from their certain position on a divorce issues, mediation may not be an option for them and they may have to litigate in court. Once this happens, communication is shut down and the fight begins.
In any case where parties cannot agree about custody or parenting time of the children, the court will require the parties to attend an orientation and education program. Some courts have programs for children to attend. The program covers the impact that divorce and the restructuring of families and legal proceedings have upon children and families. It will also cover methods for preventing parenting time conflicts and options for resolving disputes. 
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.
In some cases, the court may order spousal maintenance for a limited time while the spouse returns to school or trains for employment.  Permanent spousal maintenance may be awarded if the court finds that one of you will not be able to adequately support yourself.  The court will consider age, health, education, work experience, skills and other factors.

Mediation is one of the most frequently used methods of negotiating a divorce settlement. In divorce mediation, you and your spouse—or, in some cases, the two of you and your respective lawyers—hire a neutral third party, called a mediator, to meet with you in an effort to discuss and resolve the issues in your divorce. The mediator doesn't make decisions for you, but serves as a facilitator to help you and your spouse figure out what's best.
Then the respondent's attorney calls the respondent’s witnesses.  After the respondent's attorney rests, the petitioner's attorney may call witnesses to respond to the testimony given for the respondent.  The respondent's attorney may do the same.  When all of the testimony is completed, the attorneys argue the case, saying why the judge should rule in his or her client’s favor.  Then the judge ends the trial.  The judge may announce a decision at the end of the trial. He or she may take time to think about the case and make the decision later.  By law, the judge has 90 days to decide the case.  Usually the judge sends copies of the decision to the attorneys.  The divorce becomes final when the court clerk enters the Judgment and Decree for the court.  The clerk tells the attorneys when the Judgment and Decree has been entered.  The Judgment and Decree is the final decision in the case.
The guidelines use each parent's monthly gross income and consider basic, medical and child care support. A parent's monthly gross income is reduced by the amount of spousal maintenance or child support that the parent is ordered to pay from other support orders. Minnesota law allows a deduction from a parent's monthly gross income for a maximum of two non-joint children in their home.
In reality, because mediation is such an adaptable and holistic approach to divorce, these common concerns are all well handled in the mediation setting. In fact, almost any divorce case, or really any family law matter, is suitable for mediation and the parties can successfully resolve their issues without the great expense and emotional costs of litigating.
The guidelines use each parent's monthly gross income and consider basic, medical and child care support. A parent's monthly gross income is reduced by the amount of spousal maintenance or child support that the parent is ordered to pay from other support orders. Minnesota law allows a deduction from a parent's monthly gross income for a maximum of two non-joint children in their home.

A “2018 Child Support Guidelines Worksheet.” This form is used to calculate child support according to Massachusetts child support laws. You can calculate your child support right now with the free 2018 Massachusetts Child Support Calculator on this site and then click a button to download the results into a court-ready Child Support Guidelines Worksheet.

No dissolution shall be granted unless (1) One of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or (2) One of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding. (Minnesota Statutes - Chapters: 518.07, 518.09)


Lisa Kallemeyn is a Qualified Neutral under Rule 114 of the Minnesota Rules of Practice and serves on the Early Neutral Evaluation Panel in Anoka County for Custody/Parenting Time Evaluations and for Financial Evaluations and is one of the more experienced evaluators in the County. In addition to offering a mediation option, she maintains a family law practice. This enables her to stay in touch with the Court system and to give mediation clients a realistic picture of what to expect from the Court– whether they reach an agreement or not, and to help you reach an agreement that will be accepted by the Court. Lisa mediates all family disputes, including personal property issues.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

If you are concerned about ongoing earnings continuing to be marital in nature, then it is in your interest to lock in the default valuation date by filing the case as soon as possible and shepherding it along swiftly. For example, if you earn six figures, but your spouse is a stay-at-home unemployed parent, it is to your advantage to file the divorce first, and then work on settlement, rather than to mediate and negotiate for several months prior to filing.
If child support was ordered but is not being paid, steps to enforce the order can be taken by the custodial parent or the county human services department.  If the children are receiving public assistance, the county can also ask the court for a separate order requiring the other parent to pay back the assistance that has been received by the custodial parent for the past two years.  The county can also ask the court for an order requiring you to pay back Medical Assistance and some other benefits the children received.  The court can order payment whether or not the Judgment and Decree included a child support order.
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.
You are not obligated to hire an attorney in order to file for divorce; however, having one greatly improves the likelihood your rights will be protected and that your divorce is done correctly. Otherwise, you may end up spending much more on hiring an attorney after your divorce to seek post-decree modifications to clean up anything done improperly at the outset. Having a lawyer with you during this process also lessens the pressure on you during this difficult time. Further, hiring a lawyer is especially beneficial if there are allegations of abuse — spousal, child, sexual or substance abuse — because in those situations, it may be impossible for the abused spouse to negotiate effectively. A lawyer can help arrange the necessary protection for an abused spouse and the children. There are many other instances where a lawyer will be significantly helpful in a divorce, such as: asserting a non-marital claim, complex finances, divorces involving business ownership, divorces involving one spouse living in a different state, and many more instances.
Eric graduated magna cum laude from Macalester College in St. Paul, MN in 1990. In 1994 he received a Doctorate of Law (JD) degree from the University of Minnesota. Following that, he spent the next two years as a judicial clerk for the distinguished Honorable Lois J. Lang, Judge of District Court, with a workload that primarily involved the drafting of divorce decrees, orders, and legal memoranda on a host of issues pertaining to divorce, child custody, child support, visitation, spousal maintenance, distribution of marital and non-marital property, valuation of property, domestic abuse and harassment, and the like....

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.
Case in point: I had a client once who — contrary to my advice — chose to engage in settlement negotiations for several months prior to commencement and filing of the divorce, rather than filing first and then working on settlement. The pre-filing settlement negotiations did not bear fruit, and because of the delay, the valuation date did not occur until much later than it otherwise would have, with the result that a $180,000 dividend payment received by my client was treated as martial property, when it otherwise would not have been.
Once a decision to start a divorce action is made, one party will serve two documents, one titled "summons" the other titled "petition". The person starting the action is referred to as the petitioner; the other party will thereafter be referred to as the respondent. Occasionally, however, in very amicable divorces the parties may agree to act as "co-petitioners." A petition most typically is served by having a person other than the petitioner hand a copy of the petition to the respondent. It occasionally can also be served by mail subject to certain requirements. Many times, arrangements can be made ahead of time so that your spouse is aware of the time and location he or she will be served with a summons and petition, although unfortunately sometimes service comes as a complete surprise.
If your ex-spouse is ordered to pay a debt but doesn't pay it, the creditor may force you to pay it if you originally signed for the credit.  This can happen no matter what the divorce decree says.  If that happens, you can ask the court to order your ex-spouse to pay you back.  The court can also find your ex-spouse in contempt of court for violating the court's order.
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.
While most parties find mediation to be an excellent alternative to the traditional litigation approach to divorce, it may not work for everyone. It is not as effective when one party is unable to express opinions fully and without fear, or when the parties refuse to compromise or mediate in good faith. Additionally, some legal commentators are concerned that mediators may be unable to handle the complex financial arrangements involved in some divorce agreements.
SUPERIOR SERVICE: All mediators are not created equal! Although mediators are not decision makers, they do have a significant impact on your divorce process. Mediators set the tone and guide you through the rough patches. Therefore, it is wise to interview mediators and select one who respects your sense of fairness, recognizes the importance of self-determination, helps generate creative solutions and facilitates workable agreements.
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...
The major difference between a legal separation and a divorce is that if you have a legal separation, you are still married. The wife may not resume using her former name. If you decide you want to end your marriage after a legal separation is complete, you will need to go through the court process to get divorced. Some couples choose legal separation because of religious beliefs or moral values against divorce. In other cases, there may be insurance or other financial reasons for a legal separation.

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.
Remember that even though your children may be small today, as they grow up your roles as parents will change. You may have to consult with each other on important life decisions such as medical needs, or see each other at milestones like graduations, weddings, and the birth of your grandchildren. Learning to effectively co-parent early on will help you years down the road.
Mediation also allows couples to avoid the risks of trial, protects confidentiality, and decreases stressful conflict. Mediation may also protect the children of a marriage from the pain of parental conflict. Because the parties work to create their own agreements, couples who mediate their divorce settlement often find greater satisfaction than those who go to trial. Moreover, the couples learn skills to help them resolve future conflicts.

If you're not satisfied, simply call us toll-free at (800) 773-0888 during our normal business hours. All requests made under this guarantee must be made within 60 days of purchase. We will process your request within 5 business days after we've received all of the documents and materials sent to you. Unfortunately, we can't refund or credit any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to attorneys affiliated with our legal plans or attorney-assisted products.


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.
Are you are a green card holder? You may be eligible to apply to become a U.S. citizen. You will need a length of residency in the U.S., knowledge of the U.S. government, and a willingness to swear allegiance to the country. English language skills are generally required, but can be waived in certain circumstances. Find out what exactly is required to become a U.S. citizen.

In any case where parties cannot agree about custody or parenting time of the children, the court will require the parties to attend an orientation and education program. Some courts have programs for children to attend. The program covers the impact that divorce and the restructuring of families and legal proceedings have upon children and families. It will also cover methods for preventing parenting time conflicts and options for resolving disputes. 
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