Born and raised in Southeastern Minnesota, Karl has years of experience in general practice. He advises clients on a wide range of legal subjects including commercial and criminal law with special emphasis on family and bankruptcy law. His experience includes a focus on consumer bankruptcy proceedings for businesses and individuals wishing to alleviate the burden of unmanageable debt, as well as non-bankruptcy debt workouts. He has represented numerous individuals and business concerns guiding them from commencement of their bankruptcy case to their discharge, and other post-discharge issues. Karl also has focuses much of his practice on family law, including marital dissolutions, paternity,...
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.
Anita Motolinia is a conflict resolution professional solely dedicated to the practice of mediation. Based in Minneapolis, Anita Motolinia Mediation serves people throughout Minnesota and the United States. She specializes in workplace, family owned business and divorce mediation. Her extensive mediation experience and training allow her to use a w ... more
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.
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.

Assets and liabilities can each have different tax consequences and if not properly accounted for, a settlement that might look fair on paper may turn out to be favorable to only one party and not the other. This can happen if one party trades a checking account for a 401k, confusing pre-tax with post-tax dollars, or when there are stocks involved and neither party is aware of the cost basis of a given portfolio.
You can access most of the necessary divorce forms at the Minnesota Judicial Branch website. Remember, there may be additional documents required by your county's circuit court, so please check with your circuit court before filing to assure that you have all the correct forms. If you feel like you need more help, you can use Rocket Lawyer to Find a Lawyer who's right for you.
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.
Divorce mediation is an alternative to court litigation for resolving disputes that arise as two people separate their lives.  A neutral third party called a “mediator” helps the couple to work through the issues of their divorce and reach a mutually agreeable settlement.  Please note that mediation may not be safe or appropriate for individuals with a history or fear of domestic violence.

The vast majority of divorcing spouses - 97% according to some research - resolve all issues without going to trial. More and more individuals are resolving their issues on their own. Attorneys have recognized this, and many seek to support divorcing spouses in this do-it-yourself process. For example, some divorcing spouses will meet with attorneys separately for a consultation, and then attend mediation on their own. This way, each spouse can be well-informed about their options, but still maintain control (and keep the costs down) as they move forward to resolve any outstanding issues.
Please note that we cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of LegalZoom's service. In some cases, a government backlog can lead to long delays before your process is complete. Similarly, LegalZoom does not guarantee the results or outcomes of the services rendered by our legal plan attorneys or attorney-assisted products. Problems like these are beyond our control and are not covered by this guarantee.
Then the respondent's attorney calls the respondent’s witnesses.  After the respondent's attorney rests, the petitioner's attorney may call witnesses to respond to the testimony given for the respondent.  The respondent's attorney may do the same.  When all of the testimony is completed, the attorneys argue the case, saying why the judge should rule in his or her client’s favor.  Then the judge ends the trial.  The judge may announce a decision at the end of the trial. He or she may take time to think about the case and make the decision later.  By law, the judge has 90 days to decide the case.  Usually the judge sends copies of the decision to the attorneys.  The divorce becomes final when the court clerk enters the Judgment and Decree for the court.  The clerk tells the attorneys when the Judgment and Decree has been entered.  The Judgment and Decree is the final decision in the case.
It is important to understand that each case is unique; however, a number of key factors influence the length (and cost) of your process. The first factor is preparation. Completing the requested preparations in advance and supplying the necessary documentation allows us to move more quickly. The second factor is complexity. Certain situations are simply more complicated to work through than others. That said, even the most complicated cases can be settled through mediation. During your free consultation, I am typically able to identify potentially complicating factors. Third is emotional readiness and conflict. Often times divorcing spouses are in a different stage of readiness; these differences can lead to conflict which may lengthen the time needed to resolve the issues. When you both feel ready to move forward and you are able to discuss the issues without a lot of conflict the process tends to move more quickly. Regardless of your particular situation, I am committed to helping all of my clients complete mediation as efficiently and cost effectively as possible, and believe that taking a divorce education class prior to beginning any divorce process can greatly increase your likelihood of success and efficiency.
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.
In almost all cases, you will be required to attempt some form of alternative dispute resolution. This will typically take the form of "mediation" which is a process in which a neutral third party, typically an attorney trained in mediation, will attempt to assist the parties in reaching their own compromise settlement of some or all issues between the parties. The mediator does not make decisions, but rather facilitates a discussion between the parties (sometimes alone and sometimes with the assistance of counsel) aimed at reaching settlement of your issues. The mediation process is confidential, and if you are not successful in reaching a mediated settlement, the judicial officer will never learn what positions either party took in mediation. As part of the mediation process, the mediator will request both parties provide an accurate summary of income, assets and liabilities. It is recognized that sometimes, one party controls some or all of this information, and skilled mediators attempt to assure that there is a full and fair disclosure of financial information, and a full and fair discussion of the issues.
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.
The only way to force a spouse out of the house where he or she resides is to get a Court Order. If you or your child has been the victim of domestic abuse by your spouse, you can get an Order for Protection immediately, which will bar your spouse from the house. Otherwise, absent an agreement, the soonest you’ll get an order for exclusive occupancy of the home would be with the issuance of an Order for Temporary Relief, which usually takes anywhere from about one to five months to obtain, depending on the county, the judge, and the speed of your attorney.

The court will order a reasonable amount of child support to be paid by the non-custodial parent.  Minnesota law has guidelines that say how much support should be paid.  The court can also order either parent to pay medical insurance premiums or expenses and to pay part of child care costs. The court considers the parent's income or ability to earn income and the number of children supported. 
At Dwire Law Offices, P.A., we offer trustworthy, personal service and practical, experienced representation. You are treated as a person who has a legal problem that needs solving, not as just another case file. Our attorney, Todd Dwire, has been guiding people through divorce and other family law issues in Lakeville and the surrounding areas for over 20 years
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.
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.
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 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.
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.
There is one advantage to being the petitioner. If the parties reside in different counties, the petitioner determines venue (location) by filing for divorce in the county of choice. Venue can be critical because judicial views on custody and alimony vary from county to county. The respondent can request a change in venue, but will need to show a good reason for the change.

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.

Usually the petitioner's attorney calls the petitioner's witnesses first.  Each witness is sworn under oath and answers the attorney's questions.   Then the other attorney may question the witness. Sometimes the court may ask questions. Sometimes the petitioner's attorney will ask additional questions.  When the petitioner's attorney has called all of his or her witnesses, including the petitioner, the attorney tells the court that the petitioner rests his or her case.  Sometimes the attorneys will present their argument in writing. 

The number of times you go to court and see a Judge or Referee depends on local court procedures and whether you and your spouse can agree on issues regarding your children, property and other matters. If you do NOT agree, the case usually takes longer to finish. It is a good idea to get legal advice before finalizing an agreement with your spouse.
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