Marital property is defined as property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation.

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.
The answer to this question varies. The “average” divorce can take anywhere from 6 weeks (or less), to a year and a half or more. How long your divorce will take depends on how well you and your spouse can cooperate, and on the complexity of the issues involved. At Tarshish Cody PLC, our attorneys will do their best to zealously represent your interests while still taking care to resolve your manner in an efficient and cost-effective manner.

Negotiating agreements isn't always linear. You may start at what feels like the end, and you may find yourself needing to gather more information at various points. The mediator will help you to stay on track and brainstorm options, will encourage you and your spouse to express your opinions, positions, and what's important to you, and will help you listen to each other in ways that will make a resolution more likely. (You may be able to use some of these communication tools in your ongoing parenting relationship.)
The United States is one hot destination. Whether the lure is Hollywood, the Statue of Liberty or the world's highest standard of living, people pour over American borders every day, searching for a good time or a better life. To do either, every one of these people is legally required to have a visa, issued by the United States Department of State. If someone comes to the United States without a visa, or stays after his or her visa is expired, that person is breaking the law.
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....

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)
Many people think that when a couple wants to live apart they have to get a "legal separation." This is not true.  Often couples live apart for awhile before they decide to get a divorce.  This is not "illegal."  Legal separations are for people who do not want a divorce (usually for religious reasons).  They still need a legal paper to settle custody, support, and property questions.  The court makes the same kinds of decisions that it makes in a divorce.  However, the couple remains married, and the division of property is not final.

As a mediator, I have found that custody mediations are frequently transformative. Parties deal with the fact that they'll have an ongoing relationship as parents. And they realize that when it comes to the kids, they can be on the same side. The result? Parties come up with a parenting plan they've jointly agreed on and gain tools to communicate with each other about their children. And research shows that parents who mediate have a better long-term relationship with their children.

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...


You'll then attend the first meeting—usually held in a conference room or comfortable office—where the mediator will explain what you can expect from the process. For example, the mediator may tell you that everyone will be in the same room for the entire mediation or that you'll meet in separate sessions so that the mediator can get your views or positions in private. The mediator may also take care of some housekeeping business—for example, ask you to sign an agreement that says that you'll keep what's said in the mediation confidential and that you understand that the mediator can't disclose any of what goes on there if there's a court proceeding later on. At the same time, the mediator will try to make you feel comfortable by establishing a rapport with both you and your spouse.

The court may restrict parenting time if the parent seeking parenting time may harm or kidnap the children.   The court can do this by limiting the hours of parenting time or limiting the place where parenting time can take place.  The court can require that he or she only visit when another person is present (supervised parenting time).  In very rare cases, parenting time may be denied altogether. 
Kallemeyn & Kallemeyn, Attorneys at Law, provides services to clients in the Twin Cities and the Northern Suburbs such as Coon Rapids, Blaine, Anoka, Andover, Ham Lake, Chaska, Hopkins, Plymouth, St. Louis Park, Chanhassen, Wayzata, Shakopee, Maple Grove, Edina, Eden Prairie, Columbia Heights, Crystal, Golden Valley, Richfield, Bloomington, Shorewood, Brooklyn Center, Roseville, Minnetonka, Minneapolis, and St. Paul Minnesota.
Civil lawsuits- those involving land, inheritance, or services provided, are most often moved to the end of any Court’s calendar. Often, a civil matter will not be heard before a judge for more than two years after the case is filed with the Court. This long delay for justice/resolution, together with the high costs of trial, often make litigation impractical. It is not uncommon for attorney fees, expert witness fees, filing fees, court reporter fees and other related costs to exceed the amount in dispute.

While it may be true that the two people are too emotional to sit down together alone, in mediation they work with their mediator, a trained professional and neutral third party, who has experience and training to help them focus on the issues at hand and to work together to resolve them. The mediator has many tools available to assist when emotions run high, such as caucusing by meeting with the parties in separate rooms or using an online platform until emotions have a chance to settle down. The mediator is skilled at helping the people to focus on the issues at hand and the future rather than the things that happened in the past that brought them to divorce in the first place.

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.
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.
At Dwire Law Offices, P.A., we offer trustworthy, personal service and practical, experienced representation. You are treated as a person who has a legal problem that needs solving, not as just another case file. Our attorney, Todd Dwire, has been guiding people through divorce and family law issues in Lakeville and the surrounding areas for over 17 years. We also provide estate planning services.

You may be surprised to know that most MN divorce cases (over 90%) are settled before they ever reach a court room. Mediation is so effective that the State of Minnesota requires you make a good faith effort to settle your divorce through Alternative Dispute Resolution (ADR) before appearing in Court – so why not start with a process which is proven to work as well, if not better, than litigation?

If you and your spouse agree on the terms of the divorce and filed the Joint Petition for Summary Dissolution of a Marriage, then you will probably need to attend a court hearing so that the judge may issue the final divorce decree.  If you have minor children but still have an uncontested divorce you may file a Joint Petition for Dissolution of a Marriage, after which the judge may schedule a short hearing to discuss details of child custody before issuing the final decree.
You'll then attend the first meeting—usually held in a conference room or comfortable office—where the mediator will explain what you can expect from the process. For example, the mediator may tell you that everyone will be in the same room for the entire mediation or that you'll meet in separate sessions so that the mediator can get your views or positions in private. The mediator may also take care of some housekeeping business—for example, ask you to sign an agreement that says that you'll keep what's said in the mediation confidential and that you understand that the mediator can't disclose any of what goes on there if there's a court proceeding later on. At the same time, the mediator will try to make you feel comfortable by establishing a rapport with both you and your spouse.
If your spouse files an Answer that disputes details in the Petition for Dissolution of Marriage, then the judge will order you and your spouse to trial. There may be a number of hearings and legal proceedings before a trial occurs, so you will probably need an attorney to guide you through the process.  Before the trial, you and your spouse’s attorney may engage in evidence requests, witness interviews and negotiations.  This may be a lengthy and complex process that could cost you a great deal personally and financially.
“Your Honor, the Petitioner moved out four months ago, and since then he has only had the children every other weekend, by his own acquiescence. Now all of a sudden he wants custody [or more parenting time, as the case may be]. This is clearly a disingenuous request which should be summarily denied. The schedule the parties have been following has worked well for the children, and for the sake of their sense of stability and continuity, it should continue.”
James W. McGill holds a Master’s Degree in Guidance and Counseling and is an honors graduate of Drake University Law School. Licensed to practice law in the State of Minnesota and the Federal Courts, McGill maintains a general practice with special emphasis in the areas of Mediation, Bankruptcy Law, Employment Law, and Alternative Dispute Resoluti ... more
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.
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Information obtained in mankatofamilylaw.com may contain knowledgable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota licensed Attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in Your Family Law matter, contact 507-625-5000.
Basic support is for the child's expenses, such as food, clothing and transportation, and does not include payments on arrears. It is calculated by multiplying the paying parent's percentage of the combined Parental Income for Determining Child Support (PICS) by the combined basic support amount. If a court orders parenting time to the paying parent of ten percent or more, he/she may receive a deduction from basic support, based on the percentage of court-ordered parenting time.
Your attorney will have referrals to local mediators. If you're representing yourself, you'll have to locate a divorce mediator on your own. If you can, try to find recommendations from someone whose judgment you trust. You can ask lawyers, financial advisers, therapists, or spiritual advisers for referrals, as well as friends who've been through a divorce. If you can't find direct, personal referrals, here are some other ideas:

After the elapse of a period of time, nobody much cares if the reason you only had every other weekend was because the other parent truly wouldn’t “let” you have more time. Although that may very well be the case, and although you may have let your spouse control the situation in order to spare the children the trauma of parental conflict, in my experience the courts are more swayed by the pattern of contact rather than by these “excuses.” The wisdom of Solomon does not apply. [1]
“Dear Spouse: I very much regret that we have been unable to agree to a suitable interim parenting time schedule for the children pending the temporary relief hearing scheduled for xx/xx/xx. In order to spare the children the experience of our conflict over this issue, I will abide by the schedule you have unilaterally dictated while we await court action. Nevertheless, I want to make clear my strong objection to this interim schedule, which we both know is not in the children’s best interests.”

If you are represented by an attorney, the question will arise whether your attorney should attend the divorce mediation with you. This is something you'll work out with the mediator, your attorney, your spouse, and your spouse's attorney. Very often, family law mediation sessions involve just the divorcing spouses and the mediator. This keeps costs down and ensures that you and your spouse do the talking and make the decisions (lawyers have a tendency to take over when they are present).
I have more than 15 years experience with families and churches in conflict management and resolution. Clear thinking and calm presence  is a must in stressful interpersonal situations so I’m balanced between a logical head and caring heart. Skill and experience in crisis counseling, de-escalation and conflict resolution is what I bring to to the table. As a  former ER chaplain, I’m sensitive to diverse faiths and beliefs, and understand many of the differences that age, education, setting and lifestyle can make in dealing with conflict. I know my limits in dealing with different cultures yet have much inter-cultural experience. Immersed in language study in college, I also lived with people from over 20 countries including people from Africa, South America and Asia.

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]
“Dear Spouse: I very much regret that we have been unable to agree to a suitable interim parenting time schedule for the children pending the temporary relief hearing scheduled for xx/xx/xx. In order to spare the children the experience of our conflict over this issue, I will abide by the schedule you have unilaterally dictated while we await court action. Nevertheless, I want to make clear my strong objection to this interim schedule, which we both know is not in the children’s best interests.”
This is usually a very smart thing to do, to prevent the other spouse from racking up debt in your name. I’ve seen it happen countless times. And while this can be accounted for, it’s much easier to just avoid the issue in the first place. Also, remember that even if the Court orders your spouse to assume this or that joint credit card debt, the Court has no authority to absolve you of your contractual liability to the creditor. So the joint debt will remain on your credit history, and will still be your problem to deal with if your spouse ever stops paying or pays late.
Minnesota is an equitable division state. In an equitable division state, each spouse owns the income he or she earns during the marriage, and also has the right to manage any property that's in his or her name alone. But at divorce, whose name is on what property isn't the only deciding factor. Instead, the judge will divide marital property in a way that the judge considers fair, but won't necessarily be exactly equal.
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.
Once a marriage is far enough gone, the only remaining question is “How hard is it going to be to untangle our legal and financial lives and (if relevant) sort out custody?” For some couples, separating via mediation rather than litigated divorce has its appeal: Many people don’t want to cast their former spouses in the role of enemy, and mediation is a cheaper, more cooperative, and less adversarial process than a War of the Roses-type brawl.

If one partner is really invested in making the other person’s life worse—like not allowing her to take vacation with the kids and her family when it’s convenient, just because he wants to muck up her vacation plans—they are not good candidates for mediation. Green says, “If you feel like your ex is a narcissist or out for revenge,” mediation is not going to work.


Police can’t arrest one spouse for visiting the family home unless there’s a restraining order prohibiting that spouse from coming back, or an order granting one spouse exclusive possession. These types of court orders are usually the result of a domestic abuse petition. If you’re the victim of domestic violence, contact your local police department for help.
You can ask the court for an Order for Protection.  It will order the abuser to stop all the abuse and threats.  It can also order the abuser to leave the home, to stay away from your work place or school.  It can provide for temporary custody, child support and use of the car or home.  It can also do other things to protect you and the children.  It doesn't matter whether or not you've started a divorce or if you're still living together.
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