During this stage, the mediator may first begin to discuss the general legal rules that might apply to your case. This can include the laws of your state dictating how a judge would divide your assets and debts, how child custody and child support would be decided, when and how alimony can be ordered, and laws dealing with related issues like taxes and life and health insurance. This general legal information will help you decide how to approach the issues in your case.
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.
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.
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.
Prior to the temporary relief hearing, as indicated above, both parents have custody. One the one hand, it is a disadvantage to agree to a parenting time schedule — even on an interim basis — which is less than what you want on a permanent basis, because even though this is not legally relevant, I have seen judges swayed by arguments about who has had the children prior to the court appearance. On the other hand, children shouldn’t have to witness their parents fighting at the day care center doors about who gets to take them home. Sometimes the best approach is just to share the time 50-50 for the sake of compromise, until the matter is heard by the Court. If for the sake of the children you feel it is best not to fight about it, it is very important to send written notice to your spouse explaining your strong objection to the interim arrangement, e.g.:
The American College of Civil Trial Mediators® is a non-profit organization of dispute resolution professionals who are distinguished by their skill and professional commitment to civil trial mediation. Membership is limited to active mediators, program administrators, and academics who have achieved substantial experience in their field a ... more
In Minnesota, Marriage Dissolution proceedings, or divorces, are viewed as "no fault" proceedings. This means that a spouse does not have to prove the other spouse was at fault or did something wrong to cause the breakdown of the marriage to obtain a divorce. Either spouse may commence a divorce action by simply alleging that there has been "an irretrievable breakdown in the marriage relationship" - in other words, that in their opinion, the marriage is dead and there is no chance of reconciliation. If one spouse feels this way, even if the other disagrees, the court will ultimately grant the dissolution of marriage. Early in the process, if you do not believe that there has been an irretrievable breakdown of the marriage, the option of marriage counseling is possible. Unfortunately, if a spouse has set their mind to divorcing the other, it is unlikely that counseling can repair the marital relationship.
Typically the SENE will involve both parties, both attorneys, and two court-appointed custody evaluators. Usually three hours is blocked for a session. During the session, each party (and his or her attorney) is given the opportunity to explain what they would like for a custody and parenting time arrangement, and why. Questions from the evaluators are asked and answered. Then there is a break while the evaluators confer. Then the meeting reconvenes and recommendations are given and explained, whereupon the parties discuss settlement.
If you do move out, take steps to guard against destruction of property. Videotape the contents of the home (e.g., furniture, art and other valuables) and make copies of important documents (birth certificates, account statements, deeds and insurance policies) before you leave. You may also consider taking your own family heirlooms and other personal, irreplaceable items with you.
Ms. Kugler practices exclusively in the area of family law. Karen works toward equitable settlements, but is skilled in trial advocacy. Karen discusses the risks and expense of litigation with her clients. She is a knowledgeable, empathetic, and assertive legal advocate and handles all family law issues: spousal maintenance, child support, property division, and custody at the trial and appellate levels. Karen is past Chair of the Minnesota State Bar Association (MSBA) Family Law Section and is a past Co-Chair of the RCBA Family Law Section. She is a frequent writer and speaker regarding family law, co-authoring the Child Support...
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.
After the mediator covers the rules of mediation and insures that any necessary agreements to mediate are signed, the mediator explains the mediation process. The parties or their representative may then make opening statements to identify issues and clarify perceptions. Many mediators will encourage the parties to begin a conversation during general caucus.
Minnesota, like most other states, passed a law called the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) so that parents could not go to another state to try to get a different custody order. Under the UCCJEA, the courts of different states have guidelines to help decide which state’s court should decide custody. The courts are encouraged to discuss the matter and avoid disagreements between states. Usually the court in the state where the child has lived most recently for the past six months has the authority to decide custody of the children. If a court in one state has already decided custody, the UCCJEA prevents a court in another state from changing the custody order, unless the first court refuses to act or no longer has enough connection with the child and parties.
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)
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.
If you or your partner are really committed to their narrative—that one person is absolutely the bad guy, for example—mediation might not work. Green says, “There are some people who are quite intensely invested in feeling like the victim: ‘I’m right and the other person is wrong, and there is no universe in which the other person’s actions are acceptable.’”
With respect to financial issues, this same rule applies, as modified by the additional consideration of attorney’s fees. For example, it might be very likely that the court would award you $10,000 more in assets than your spouse is proposing, but if it will cost you $20,000 in attorney’s fees to litigate over it, it doesn’t make much sense from a purely practical, financial standpoint to do so.
If the respondent does not answer the Petition within 30 days after it was served, the respondent is in default. The petitioner's attorney tells the court and a default hearing is scheduled. Default hearings are also scheduled when all of the relief to be ordered by the court has been agreed to by the parties in a written agreement called a Stipulation or Marital Termination Agreement. If both parties are represented by lawyers, the divorce may be finalized without a hearing. If both parties did not have lawyers or if the respondent never answered, there is a default hearing. At a default hearing only the petitioner and his or her attorney need to attend. The petitioner is sworn under oath and testifies to all the facts necessary for the court to order the relief requested in the Petition or Stipulation.
A legal annulment should not be confused with a religious annulment. For example, a Catholic may not be permitted to remarry in the church if the church has not determined that the first marriage is null and void. This type of annulment is granted by the church, and has no legal effect according to Minnesota law. Likewise, a legal annulment or divorce may not affect how the church looks upon the marriage.