To file for divorce in any state you need to meet its residency requirements. These requirements vary by state. Two additional things that you should consider when thinking about relocating are what the divorce laws are where you are compared to the laws of the state that you are moving to, and what is the impact on any children involved. To the first point, you want to make sure that you aren’t filing for divorce in a state where the divorce laws are less favorable to you. To the second point, courts can and do frown on one parent’s leaving the state without the other’s consent. A lawyer can help you figure out which state would be best to file in and how to negotiate and interstate custody issues.
After the mediator has gone over the basics, you'll get a chance to make a short statement about your situation, as will your spouse. After you've each had a chance to speak, the mediator is likely to ask some questions to clarify or get more information. The mediator may also reflect back what you've said, to be sure that both the mediator and your spouse have understood all of your points. The same will go for your spouse.
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.
If the court determines that there is probable cause that one of the parties, or a child of a party, has been physically or sexually abused by the other party, the court shall not require or refer the parties to mediation or any other process that requires parties to meet and confer without counsel, if any, present. (Minnesota Statutes - Chapters: 518.619)
What the mediator can do, though, is assist the divorcing couple in formulating ideas that can eventually lead to agreements that will stand the test of time. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
Minnesota orders all couples without a history of spousal abuse to use some type of alternative dispute resolution (ADR) before taking their case to court. One of the most common and generally successful forms of ADR is mediation. In this process, a neutral third party, known as the mediator, helps the couple work out their differences, usually resulting in a 20 to 50 percent reduction in costs over a traditional litigated divorce.
After service, the receiving spouse must file an answer. If the spouses agree on the conditions of their divorce, they may file a Stipulate Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree, which will put them on a proverbial fast track to ending their marriage. However, if the receiving spouse disagrees with the petitioning spouse, then he or she may serve the petitioning spouse an answer that explains why he or she disagrees.
In order for the mediation to be successful, you, your spouse, and the mediator all need to be as fully informed as possible about the facts of your case. This is the information gathering stage. Sometimes it begins during the first session; sometimes it starts after that session. If information that you and the mediator need is unavailable or in dispute, the mediator will try to help you find ways to get it or to determine what is correct. For example, you might need the policy number and other details of a life insurance policy. If you can’t locate your copy of the policy, the mediator might suggest ways to get this information, such as contacting the broker who sold you the policy or writing to the insurance company.
Divorcing spouses who have a business may find it even harder to ensure their business continues to run smoothly during this difficult time. Family issues can intrude into the workplace, and if the business is shared by one spouse’s family, the tensions can increase exponentially. In this instance, divorce-mediation can help the spouses sort through the issues related to the business without costly litigation which also compromises the future of the business.
Some spouses are under the impression that they must obtain a legal separation to get divorced. To the contrary, legal separation is an alternative to divorce, but the process is almost identical: you file legal paperwork, deal with all the same issues in a divorce, and ask a judge for an order of legal separation. If you plan to divorce, a legal separation is unnecessary and will only increase the total cost of the divorce.
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.
Welcome to Dworsky Mediation! Shosh Dworsky offers mediation to clients from diverse backgrounds and walks of life, of any and all faiths or of no faith at all. She works with couples (including same-sex), family members, professional associates or friends, and can serve as a parenting consultant or expediter. Shosh provides a safe, neutral spa ... more
Applying that rule, however, is far from straightforward. Courts must weigh a wide range of considerations. Generally speaking, children do best when they have ongoing contact with both parents. Yet that doesn't necessarily mean a 50-50 time-sharing arrangement. Instead, it depends on what works best for your family - and what will best serve the needs of the children.
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.
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...
Probably the most common misconception that I hear from people about divorce mediation it that they believe it is only suitable for couples that are very amicable. Their perception is that since they are not getting along very well with their spouse, they can’t sit down together and discuss anything let alone issues regarding their money and children. In fact, mediation is very well suited to helping parties who are high conflict to work through their differences and come to a reasonable solution.
Divorce in Minnesota is called dissolution of marriage. A dissolution for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise. If there are minor children, the issues of child custody, visitation, and support will need to be resolved.
Fill out and file Financial Statements. These statements document a) income, b) assets (house, cars, pensions, etc.), c) living expenses, and d) debts. There is a Long Form version if your annual income is over $75,000, and a Short Form version if your annual income is below $75,000. These forms disclose financial information that is necessary for coming to an agreement on Division of Marital Assets, Child Support, and Alimony (see Separation Agreement, below).
Minnesota has a "no-fault" divorce law. This means it is not necessary to prove your spouse is at fault for the breakup of the marriage. It is only necessary to prove that there has been "an irretrievable breakdown of the marriage relationship." This means that there is no hope that the spouses will want to live together again as husband and wife.