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.
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 the court finds that either spouse's resources or property, including the spouse's portion of the marital property, are so inadequate as to work an unfair hardship, considering all relevant circumstances, the court may, in addition to the marital property, apportion up to one-half of the non-marital property, which is otherwise excluded, to prevent the unfair hardship.
At Gunther Law Office, we want you to be able to focus fully on overcoming your accident and injury, free of worry over the cost of our quality representation. Therefore, we provide our services on a contingency fee basis—which means no recovery, no fee. You will owe no attorney fee unless we win your case, and you take home monetary compensation f ... more
Judges often tell litigants not to argue over the physical custody “label.” They often say that it is not important. Years ago, the physical custody label had a major impact on the issue of child support and out of state moves. Because of statutory changes, that is no longer the case at all. There is debate in the bar as to what if any legal impact the physical custody label has now that those two considerations have been removed.
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.
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.
State of Minnesota, District Court, County of __________, __________ Judicial District. This is the Minnesota court where the dissolution of marriage will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.
While upwards of 95% of all cases settle short of trial, the most expensive and acrimonious manner of resolving your differences with your spouse is through a formal trial - and perhaps nowhere is the retention of skilled counsel more important. Trial involves extensive study of all facts and evidence relevant to your case, extensive preparation of witnesses for testimony, extensive preparation to conduct examination (questioning) of witnesses, extension preparation of exhibits summarizing your position as to the evidence, hopefully in a form understandable and convincing to the trial judge, strategy as to what witnesses will be called and in what order, as well as the actual trial examination of witnesses, which often, especially when "cross examining" opposing witnesses, requires the lawyer to think on their feet, and prepare questions on the spot as they hear evasive or unexpected answers.
Another rare exception to the general rule on termination of child support is in the case of emancipated children. An emancipated child is not entitled to child support.  Whether or not a child is “emancipated” is an issue that must be decided by the Court on a case by case basis, but will normally require proof that the child is living away from home and is self-supporting. Termination of child support by reason of emancipation requires a motion in Court.
The divorce becomes final when the court clerk "enters" the Judgment and Decree, which means the clerk writes it down on a court list of all judgments. The Judgment and Decree contains the final decisions of the court. Sometimes it is a week or more after the default hearing before the Judgment and Decree is entered. The court clerk may send a copy of the Judgment and Decree to the petitioner's attorney. This attorney serves the respondent with the final Judgment and Decree and gives a copy to the petitioner. There is no waiting period in Minnesota—the divorce is completely final when entered.
The Brown Law Offices, P.A., is a northwest Twin Cities divorce and family law firm. We serve primarily Hennepin, Anoka, Sherburne and Wright County. In addition to divorce, our lawyers handle custody, child support, alimony, paternity, prenuptial agreements, step-parent adoptions, harassment restraining orders and cases involving domestic abuse. Jason Brown founded the Brown Law Offices, P.A., in 2003, after clerking for the (now retired) Chief Judge of Minnesota’s Tenth Judicial District. He is an experienced trial lawyer, who handled a wide variety of cases (including civil commitment, criminal defense, probate, personal injury and commercial litigation) early in his career....
I provide superior professional divorce and parenting services that are efficient, effective, respectful and informative. I help my clients achieve affordable, real life, workable solutions. My client-centered process empowers individuals to create fair and reasonable agreements which satisfy their unique needs and circumstances. Two key components ... more
Following trial and final written submissions, the judicial officer is allowed up to ninety days to issue written "Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree" which is the legal document dissolving your marriage and deciding all issues involving your children, property division, child support, spousal maintenance and attorney fees. After the issuance of the Judgment and Decree, Minnesota Law has a set procedure and time limit to allow either party to ask the court to correct any perceived or actual errors; to argue to the court to change its' decision; or, to argue that based on alleged errors, a new trial should take place. Although a new trial is rarely granted, it is not uncommon, especially when presented with complex issues, for the Court is slightly amend its' decision following the original judgment and decree.
Mediation is a forum in which a neutral mediator facilitates communication between parties to promote reconciliation, understanding, and settlement. Mediation is particularly suited to divorces and other family law proceedings because there is likely to be a continuing relationship between the parties, especially if minor children are involved. Many divorcing couples find mediation allows them to avoid the high financial and emotional costs of a litigated divorce. Because settlement is generally quicker, costs are reduced.
Minneapolis family law attorney Geri Napuck delievers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.
For married parties with children born during the marriage, both parties have joint legal and physical custody until the Court orders otherwise. Thus, either parent has the right to take the children, and the other parent has the right to take them back, and so forth. This can lead to a lot of game-playing and tugs-o-war which are obviously harmful to the children.
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.
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.
Fees may be charged on an hourly basis, or by the day or half-day. In general, mediators help the parties meet, explore options, and negotiate a mutual settlement to resolve their dispute. Mediators do not determine who is right or wrong. Instead, they help the parties reach a solution on their own that works for them. Parties should seek mediators with mediation training, experience, and specific knowledge of family law. It's also important to consider the mediator's style and mediation philosophy.
In cases where the child is approaching the start of kindergarten, or will be transitioning to middle school, junior high, or high school, this can be a closer call. Obviously the quality of the school will matter. Fortunately school statistics are readily available, including standardized test scores. The Minnesota Department of Education provides School Report Cards on their website.
The respondent may disagree with the relief asked for by the petitioner and want the court to hear his or her side. The respondent then must serve an Answer on the petitioner's attorney within 30 days of the date the respondent was served. An Answer is a legal paper saying what the respondent says back to the Petition. Just calling up the petitioner to say something like "I don't like this" is not an Answer. The Answer may be mailed to the petitioner's lawyer. It does not need to be personally served. The Answer states whether the respondent thinks the petitioner's statements in the petition are true or false. It also tells the court what the respondent wants.
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.