A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage. (Minnesota Statutes - Chapters: 518.06, 158.13)
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.
If the court finds, after a hearing, that parenting time with a parent is likely to endanger the child's physical or emotional health or impair the child's emotional development, the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant. The court shall consider the age of the child and the child's relationship with the parent prior to the commencement of the proceeding.
A custody determination basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse can reach an agreement, it will be accepted by the judge unless it is not to be in the child’s best interest. If you cannot reach a custody agreement, Minnesota child custody law provides for the judge to decide the issue, after considering the following factors:
Second, you and the other party are more likely to adhere to the terms of your agreement if you have some ownership of it. It is not uncommon for parties to a divorce or other family law dispute to return to court after their initial proceeding to address problems with a party who is not abiding by a parenting time schedule or failing to pay child support. Parties who make their own decisions about those issues through mediation are more likely to feel responsible for the terms of their agreement and to abide by it.
Mediation offers a quite different approach to resolving conflicts between the parties. A neutral third party-the mediator- assists the parties in sorting out their affairs and comes to a mutual agreement in a confidential private format. Mediation is a solid option even for those that are having trouble with communication. It is a cost-effective process and it avoids the legal war of going to court.
Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you in a way that helps you to work together as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced. Mediation brings about communication between the couple, which can then be used when they must discuss issues in pertaining to the children. Lack of communication may have been one of the main reasons for their divorce. Mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and make their post-divorce relationship better than their married one.
Meditation during divorce is a way of finding solutions to issues such as child custody and spousal support. It is an alternative to formal process of divorce court. During mediation, both parties to the divorce and their attorneys meet with a court appointed third party. This third party, the “mediator” assists the parties in negotiating a resolution to their divorce.
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.
A child support obligation terminates automatically when a child turns 18, or graduates from high school — whichever comes later, but in no case beyond the child’s 20th birthday. . (A rare exception to this is in the case of a child who is incapable of supporting himself because of a physical or mental condition, in which case child support may continue throughout the child’s entire life).
I am an experienced trial attorney, who has represented numerous individuals in times of crises during the past 21+ years. The areas in which I practice include family law, domestic abuse, criminal defense, juvenile defense and personal injury cases. I am passionate about helping ordinary people through extraordinary crises and providing our clients the opportuntity to be heard in the process.
Historically, courts would only grant a divorce if one spouse could prove the other's wrongdoing - for example, by presenting evidence of adultery, abuse or failure to support. Fortunately, those times are long past. Minnesota is now a no-fault state, which means you don't have to prove fault-based grounds to get a divorce. It's enough to assert that irreconcilable differences caused the marriage to break down.
Although the advantages of mediation generally far outweigh the disadvantages, there are a few potential disadvantages associated with divorce mediation. A divorce mediator may not advise you on the legal aspects regarding the decisions you are making. This could result in an agreement which leads to a loss of important rights. This is why all mediated agreements should be looked at by an experienced divorce attorney prior to giving it to the judge for approval.
I prepare QDRO’s and DRO’s. A QDRO (“Qualified Domestic Relations Order”) is a legal order, entered as part of a divorce or legal separation, that is required in order to split ownership of a retirement plan to give the divorced spouse his or her share of the asset or pension plan. A DRO (“Domestic Relations Order”) is the usual name for this document if a government pension is being split.
Did you know that there are other ways to dissolve a marriage then to file a traditional divorce? When parties are willing to come to the table to cooperate together, mediation may be a great option. During a divorce mediation a neutral third party serves as a mediator and can help parties decide the terms of their divorce. A Brainerd divorce mediation lawyer will be able to assist you through this process and potentially allow for a more amicable dissolution.
After graduating law school in 2010, Sonja secured a judicial clerkship in Hennepin County Family Court. She worked on high asset divorce cases with complex financial matters as well as high conflict custody disputes. Sonja learned firsthand how judicial officers decide cases and what makes a family law attorney effective inside and outside of the courtroom. After clerking, Sonja worked for a large, national law firm where she gained a tremendous amount of experience. Sonja is empathetic, detailed, and aggressive when necessary.
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.
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.
Just because an asset is titled in one spouse’s name does not mean that asset belongs exclusively to the title-holding spouse. How you acquired the property determines whether property is marital or nonmarital, which determines how (or whether) the property will be divided. Marital property includes assets purchased or paid for during a marriage. Marital property will usually be divided between spouses. Non-marital property is different, however. Nonmarital property includes assets that are acquired by only one spouse, either as a gift or inheritance, as property the individual brought into the marriage, or in some instances, that one party acquired alone during the marriage. An attorney can help you figure out what property is marital and what is not. An attorney can also advise you about how to protect your assets in a divorce.
Most courts give parents the opportunity to work with independent evaluators soon after the case is filed to see if they can reach an agreement about custody, parenting time, money and property. The two types of ENE are: Financial ENE (FENE) to settle financial disputes and Social ENE (SENE) to settle custody and parenting time issues involving their children.