Once the decision to mediate is made, it is necessary to find a mediator. Many counties have community-based or court-annexed mediation centers. If the mediation is court-ordered, the court may appoint a mediator, or will allow the parties to agree upon a qualified mediator. Both lawyers and non-lawyers serve as mediators. The fees charged vary from mediator to mediator and from case to case.
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.
Some mediators prefer to conduct the framing stage in separate sessions, as they believe it better prepares each of you for the next stage: negotiating. Other mediators favor joint sessions because they believe that hearing your spouse work with the mediator to formulate interests lays a better foundation for the give and take of the negotiation stage. Either way can work, although separate sessions make the mediation cost a little more and take a little longer, because anything important that is said in the separate session will have to be repeated to the other spouse.
The length of time to complete a divorce depends upon several things. If both sides reach an agreement or if one spouse never responds to divorce papers, a divorce doesn't take much time. If both sides can't agree, then the judge has to decide. In this case it will take much longer because the court will need to gather information and schedule time in order to make a fair decision. Gathering information might mean having a custody evaluation done or getting financial information.
Most children of divorce exhibit signs of emotional, psychological, behavioral, and social distress. Many have significant adjustment problems and show lower academic achievement when compared with children from intact families. According to one study, 37 percent of children from divorced homes were psychologically troubled and manifested moderate to severe clinical depression, even five years after a divorce. And children deprived of frequent access to their fathers tend to show diminished self-esteem, lasting many years after the divorce.
In mediation, the mediator’s role is not decision maker, but is to act as a neutral support system for both parties equally. The mediator helps the couple identify all the issues that they need to resolve around their divorce, gives them information and education about the law and other facts around those issues, and facilitates their discussion of those issues so that the parties themselves can decide what is the best course of action for them.
All divorce mediators will work hard to put everyone at ease, allowing the process to proceed in an informal, comfortable atmosphere. Most divorce mediations last from two to five sessions. While these sessions are structured to address specific issues in a specific order, one party or the other may need to gather additional information or consult with their attorney. In this case the specific issue may be skipped, and readdressed later. If both spouses agree, other professionals such as child psychologist, accountants or attorneys may be allowed to attend the mediation in order to clarify specific issues. If both parties agree, a relative or trusted friend may attend mediation, however their participation in the process is extremely limited. Children may be present during later sessions if the parents agree, but rarely during the first session.
Often, spouses’ interests will overlap. This is especially likely if the interests involve a concern for other people, such as children. When an overlap like this occurs, it increases the likelihood of finding settlement options that address their common concerns. Of course, it’s not always possible to negotiate an agreement that satisfies fully all of the interests of the disputing parties. Some interests may have to be compromised, especially in divorce, where limited resources must be divided between two households. But if the focus is on identifying and addressing each person’s most important needs and interests, the resulting compromises will be ones that both spouses can live with.
You may be surprised to know that many divorcing couples are fairly respectful of each other and work well together in divorce mediation. There are also many couples who are very emotional about the divorce and as a result, exhibit more conflicted behaviors or believe they can not successfully negotiate face to face. As a mediator, I am trained to assist people in putting their emotions aside and focusing on the relevant issues. My job is to keep you on track and help you through the crisis. Rest assured that you will be accepted as you are; there will be no judgment or criticism and you will receive grounded professional assistance aimed at helping you succeed. My personal and professional experience has taught me that both emotions and conflict tend to diminish through the course of our work together. Professional guidance is often a key factor of success. As you progress through the process, you will likely come to understand why mediation is so successful at alleviating some of the non-monetary transactional costs of divorce.
There is no specific Massachusetts form for your separation agreement, but several probate courts have made available templates that a committed person could use for a do-it-yourself divorce or pro se divorce. You can download a Massachusetts separation agreement form, or template, for divorce with no children here, created by Worcester County probate court, or a Massachusetts separation agreement with minor children form, or template, here.
Jeff has been a lawyer for 34 years, practicing family law exclusively for 28 years. For the first six years of his career he was a staff attorney at the Minnesota Court of Appeals. He has handled hundreds of cases and has the experience dealing with substantial marital estates in the millions and has tried and litigated many cases, including lengthy custody matters. He is also a trained mediator and ADR neutral on the Minnesota State Roster and is a FENE and SENE neutral in Ramsey County, Anoka County, Washington County, Scott County, Carver County, Pine County, Chisago County, Isanti...
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.
The size of the estate doesn’t always correlate with the overall fees incurred. Dividing property is not always a major issue between spouses. Some couples with substantial marital estates manage to divide assets with minimal fighting or attorney’s fees. Once they’re informed of their rights, how the law works, and what a court would likely do, they divide property accordingly. These individuals appreciate the wisdom of avoiding unnecessary legal expenses.
A question is often asked as to whether there is an advantage to being a petitioner versus a respondent. There is no real difference, except that the petitioner can obviously effect when the action is started, and sometimes, in what county. If you and your spouse separate, and your spouse moves to a different county before the action is commenced, the petitioning spouse can commence the action either in the county you reside in or the new county they have moved to. There are some perceived and actual differences as to how matters proceed, depending on which county they are "venued" (commenced) in. A second implication of being a petitioner versus a respondent is that ultimately, if the matter does proceed to trial, the petitioner is required to present his/her case first. This may have some minor implications relative to the cost of preparing for trial, especially it the matter settles before the respondent presents her/his case.
Minneapolis, St. Paul, Anoka County, Apple Valley, Belle Plaine, Buffalo, Burnsville, Carver, Carver County, Chaska, Chanhassen, Cokato, Cologne, Dakota County, Dassel, Delano, Duluth, Eagen, Eden Prairie, Edina, Faribault, Gaylord, Glencoe, Golden Valley, Hastings, Hennepin County, Hopkins, Hutchinson, Jordan, Lakeville, Mankato, Mcleod County, Minnetonka, Mound, Northfield, Norwood-Young America, Plymouth, Prior Lake, Ramsey County, Rice County, Richfield, Rockford, Rochester, Savage, Scott County, Shakopee, Sibley County, St. Louis Park, Victoria, Waconia, Watertown, Wayzata
Essentially, a Social Early Neutral Evaluation is similar to mediation in that it is a form of alternative dispute resolution that is voluntary and non-binding. The difference is that with ordinary mediation, the mediator generally will not take a position. Whereas the evaluators presiding over an SENE are specifically tasked to give their recommendations, as a way to help the parties reach a settlement.
Moreover, even in a simple divorce, you’ll have to make major decisions that will impact your future, including decisions about alimony, what to do with the family home, or retirement benefits. A paralegal service can’t provide the guidance you might need; these divorce decisions should be reached with the help of an experienced family law attorney.
In order to maintain the status quo while the divorce is being processed, spouses are allowed to file Motions for Temporary Relief in order to temporarily order child custody, child support, spousal support and any other issues that occur day to day that must be handled while the divorce is being processed. Once the divorce decree is finalized and signed by a judge, the temporary order will expire and the final divorce procedures will go into effect.
The court can also consider a change if the parent with custody has denied or interfered with the parenting time of the other parent. However, parenting time problems alone are usually not enough to change custody. Denying or interfering with a parenting time schedule is a factor that a court may consider in deciding to change custody. A judge can also change custody based on the “best interests of the child,” if both parents agreed to use that standard in a writing approved by the court.
Even under the best of circumstances, going through a divorce is one of life’s most difficult challenges – both emotionally and financially. Although using mediation may alleviate some of the most extreme negative impacts; divorce in Minnesota is never easy. I believe, the divorce process you choose (for example, mediation vs. litigation) is the most significant factor in determining the degree of suffering you are likely to endure…the more adversarial the process, the more difficult the challenge.
If a parent has been convicted of certain crimes, that parent must convince the court that parenting time with the child is in the child's best interest. These crimes include assault, sexual abuse, parental kidnapping, terroristic threats, felony harassment, domestic assault by strangulation, and stalking. Ask your lawyer if these laws apply in your case.
Even if you and your partner do not agree on much, divorce mediation could still be for you. Check out The Divorce Mediation Quiz for typical issues to think about when considering divorce mediation. If you and your partner think that divorce mediation could be a sensible solution for your family, you should learn more by meeting with a divorce mediator who can answer questions specific to your situation.
Each spouse has the right to sell, give away, or dispose of any property the couple owns. For example, either person can withdraw money from a joint bank account. Either can charge on a joint credit card. There are some exceptions to this general rule. Neither spouse has the right to cash checks made out to the other spouse. Neither spouse can withdraw money from a bank account if it is in the name of the other spouse only. Neither spouse can sell a motor vehicle that is in the name of the other spouse. Neither can sell real estate that is in both names or in the name of one spouse.