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Steven Coodin was born and raised in Winnipeg, Manitoba, Canada . He received his Bachelor of Arts Advanced Degree from the University of Manitoba in Winnipeg in 1996. He later attended law school at Thomas Cooley Law School in Lansing, Michigan and graduated in the fall of 2001. He has been practicing law since he was admitted to the Minnesota State Bar in 2002 and primarily works in the area of criminal defense and family law. Steven prides himself in his work ethic and dedication to his client's cases. Steven formed his own solo attorney...
5. Neither party absolutely needs a personal attorney to handle this process. A neutral lawyer can complete your paperwork and file relevant court documents. Some parties even opt to use pro se forms and submit all paperwork themselves. However, even if your divorce appears simple and amicable, you can benefit from speaking with an experienced Minnesota family lawyer about your case.
Case in point: I had a client once who — contrary to my advice — chose to engage in settlement negotiations for several months prior to commencement and filing of the divorce, rather than filing first and then working on settlement. The pre-filing settlement negotiations did not bear fruit, and because of the delay, the valuation date did not occur until much later than it otherwise would have, with the result that a $180,000 dividend payment received by my client was treated as martial property, when it otherwise would not have been.
Any offers made during mediation, or any possibilities that are discussed, cannot be disclosed to a court. This creates a setting where the parties can more freely discuss and explore how far from their “stance” they might be willing to go. A trial, or any type of litigation is very costly, so money saved by resolving issues in mediation, can often become part of a solution. It doesn’t mean that you can take something like a bank account balance or a mental health condition, mention it in mediation, and therefore make it non-disclosable. Facts, such as these, mentioned in mediation, can indeed become part of a court case if the situation is not resolved in mediation. It is the discussions and offers that remain confidential.
James Rainwater has provided professional neutrality for court-ordered and private mediations since 2002. He is qualified to conduct both General and Family Law mediations. Mr. Rainwater is experienced in mediating matters involving Family Law, Child Abuse and Neglect, Insurance, Contract Disputes, Personal Injury, Real Estate, Probate, Property ... more
Your agreement can include all parts of a divorce or focus on only financial or child-based issues. Again, this is up to you. The mediation process is confidential. Aside from agreements reached in writing, everything said in mediation is confidential. Like a psychologist’s office, your mediator cannot be called as a witness to anything said in mediation. This confidentiality lets couples discuss matters more freely than before a judge and lets them move past and resolve issues.
In most counties in the Twin Cities Metropolitan area, as well as now many out state counties, after the filing of a summons and petition, the next step in the process will be an appearance at an Initial Case Management Conference ("ICMC"). ICMC’s are aimed at trying to expedite the processing of divorce cases, and minimizing conflict and the expense associated when parties quickly resort to litigating (resorting to the lawyers and the courts to decide disputes) all issues. As soon as a party files the petition or answer with the court, your matter will be assigned to one judge or referee, who in many counties will be responsible for all aspects of your case until its conclusion. Typically within thirty days thereafter, the court will schedule the ICMC. Both lawyers and both parties must appear, and the vast majority of judges and referees (judicial officers) will not allow any motions, including temporary motions, to be filed until the ICMC takes place.
Courts in Minnesota usually only have power over people and things in Minnesota. This power is called jurisdiction. If the respondent was served outside of the State of Minnesota, or if the respondent could not be found and was served by publication or other special service, the Minnesota court might be limited to making only the following decisions:
As a family law attorney and mediator for almost 30 years, I spend a great deal of time educating prospective clients and the public about the many benefits of choosing to mediate their divorce rather than selecting the more traditional litigation path. Even though divorce mediation is much less costly, less time consuming, and less divisive and stressful than the adversarial model of litigation, I often hear the same three concerns raised about mediation.
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.
Attorney Andrew T. Poole practice in all areas of criminal defense and family law in Duluth, Minnesota. Mr. Poole graduated from law school in 2010 and moved to Duluth with his Duluth-native wife. Soon after moving to Duluth, Mr. Poole started his own law practice called Poole Law Office PLLC, which he operated until becoming a partner at LaCourse, Poole & Envall, P.A. in 2017. Mr. Poole's hard work and commitment to criminal defense and family law has earned him recognition as a Rising Star by Super Lawyers Magazine. He has also been named a Top...
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Minnesota, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
In order to make informed decisions as to division of marital property, and appropriate amounts of child support and spousal maintenance, it is necessary for each party to be fully informed of identity of each parties' income and assets. This information is typically exchanged through a process known as discovery. This is a process in which the lawyers may utilize numerous techniques for obtaining the financial information necessary to fairly identify and value all income and assets. The lawyers may informally by letter request the information they feel is necessary to identify all marital income and assets, or, in some cases may feel the need to serve "Interrogatories" and "Requests for Production of Documents” which are formal questions and requests for financial information and documents, such as tax returns, bank statements, financial statements and other information, which must be answered and sworn to under oath, within thirty days. In today's practice, some court's control what discovery they will allow, and may not immediately allow for the service of formal discovery, preferring the parties first use informal discovery. The attorneys may also notice the depositions of the parties themselves, or other people who may have relevant information, such as bankers and business associates. At a deposition the witness is sworn under oath, and the attorneys ask questions of the witnesses, which testimony is preserved in writing by a court reporter. The attorneys may also employ experts, such as "vocational evaluators," in the event it is alleged that a spouse who has not been working or who has only been working part time, is able to earn income to contribute to their support. They may also employ accountants or other business valuation experts to appraise family-owned or closely-held businesses. They may also employ other experts to appraise other assets such as real property and personal property, such as furnishings, jewelry and artwork.
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.
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.
Even if you don’t qualify for the summary dissolution, you may be able to proceed with an uncontested dissolution, where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the procedure by preparing and filing a Petition for Dissolution of Marriage, along with various supporting documents. For an uncontested dissolution, one of these documents you would be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Dissolution of Marriage.
Tera is one of the founding members and the managing partner at Minnesota Divorce and Family Mediation. She has over 15 years of combined education, training, and professional experience in facilitation, team building, negotiating, and mediating resolutions of all matters. She uses a strengths-based, client-driven approach to develop thorough parenting plans for children tailored to their unique circumstances and future needs. She has experience with complicated parenting issues, children with special needs, mental health issues, domestic partnerships, and other non-traditional relationships. Tera's goal is to develop a comprehensive divorce agreement while minimizing stress and cost.
Like all states, Minnesota courts begin with a presumption that it's best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements. However, the exact nature of the time-share will be determined by the children's best interests. For more information, see Nolo's article Child Custody FAQ.
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.
To sum up, these misconceptions about divorce mediation really highlight some of the many advantages of mediating your divorce. Because the format is highly adaptable and collaborative, the parties will be supported and assisted in working cooperatively to resolve their issues. Through the process, they will make agreements that they choose to live by and will be best prepared to go forward in a productive and positive manner. Best of all, they will have avoided the expense and stress of a long, protracted court battle. In the end, almost every divorce case is suitable for mediation despite these common misconceptions.
In some Minnesota counties, the court provides mediators on issues concerning the custody of the child(ren) at little or no cost. Property issues may require a private mediator, the cost of which is typically split among the parties. You can expect to spend at least $200.00 per hour for good divorce mediator services in Minnesota, the cost of which is usually divided with your spouse.
Like all states, Minnesota requires both parents to support their children, even after a divorce. The amount of child support depends primarily on each parent's income and other resources, and how much time each parent spends with the children. In addition, sometimes the courts will "impute" income to a parent who has the capacity to earn more than he or she actually is earning. To learn more about child support, see Nolo's Child Support area.
Most Minnesota judges encourage couples go through divorce mediation where you are making the decisions about your future rather than having a judge make them for you. Avoiding litigation is much more economical for both members of a divorcing couple, yet many people don’t realize the importance and power of divorce mediation in today’s climate. If you’re ready to take the next step towards a divorce, it’s critical that you enlist the help of a reputable mediator like Jeff Johnson who specializes in divorce mediation to walk you through the process of divorce.
The success Fellows of the Minnesota Chapter of the American Academy of Matrimonial Lawyers have had is based in part on the business sophistication and experience of many of our attorneys. That experience carries forward after trial, to the detailed written summations of the evidence and the law, submitted to the trial judge either immediately prior to or after trial, depending on the preferences of the judicial officer assigned to your case.
Decisions about spousal maintenance are often emotional and challenging. Unfortunately, MN law does not specify how to calculate a spousal maintenance obligation. Unlike child support, MN divorce laws are discretionary when it comes to spousal maintenance (alimony) stating only that many factors should be considered when determining the need for spousal maintenance as well as the amount and duration of the support. Relevant factors often include: the length of marriage, each spouse’s financially ability to be self-supporting, education and employment history, age, and the marital standard of living. Mediation encourages the use of reasonable budgets and information sharing rather than the traditional adversarial legal approach which often relies on exaggerated budgets and win-lose negotiation tactics. The creation of reasonable budgets allows you and your spouse to understand your individual financial needs as well as the financial realities of your situation. This mutual understanding is vital to the successful discussion and resolution of the spousal maintenance issue. I also utilize a specialized computer program which provides useful information about tax impacts and projected cash flow for each spouse before and after the exchange of financial support.
Petition for Dissolution of Marriage and Decree of Dissolution of Marriage. These are the essential documents needed to start and finalize a dissolution of marriage according to Minnesota law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. A few other documents that are typically filed during the process are: Summons, Form 11, Confidential Information Form, Marital Termination Agreement, Financial Affidavit, and Affidavit of Non-Military Status.
3. Be prompt. Courts are slow. Many attorneys, sadly, are chronic procrastinators and deadline-driven. Custody evaluators and Guardian ad Litems are slow. If you’re slow too, it compounds the problem. Furthermore, the quicker you can be in responding to whatever your attorney asks of you, the more likely it is that you’ll be able to settle your case sooner and at less expense. By acting quickly, attorneys are able to take charge of a divorce process, rather than being driven by court deadlines and various hearings and other requirements which might be avoided just by staying ahead of the game.
Hello, my name is Matt Majeski and I am the owner/operator at Majeski Law, LLC at 539 Bielenberg Drive, Suite 200, in Woodbury, Minnesota. I focus my work on divorce law and other family law issues. I serve across Minnesota, however the bulk of my practice works in the following five county area: Washington, Dakota, Anoka, Ramsey, and Chisago. Please check out my website at www.majeskilaw.com if you'd like more information. Thank you. I'm happy to give a free phone consultation to identify your situation, determine if Majeski Law can help you with your family...
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.
If your spouse files an Answer that disputes details in the Petition for Dissolution of Marriage, then the judge will order you and your spouse to trial. There may be a number of hearings and legal proceedings before a trial occurs, so you will probably need an attorney to guide you through the process. Before the trial, you and your spouse’s attorney may engage in evidence requests, witness interviews and negotiations. This may be a lengthy and complex process that could cost you a great deal personally and financially.
If you and your spouse agree on the terms of the divorce and filed the Joint Petition for Summary Dissolution of a Marriage, then you will probably need to attend a court hearing so that the judge may issue the final divorce decree. If you have minor children but still have an uncontested divorce you may file a Joint Petition for Dissolution of a Marriage, after which the judge may schedule a short hearing to discuss details of child custody before issuing the final decree.
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.
As a family law attorney, my primary focus is to support clients through the legal process so they may transition into the next chapter of their lives. Prior to representing clients, I worked as judicial law clerk in Hennepin County Family Court. Working side-by-side with judges, I gained an immense understanding of family court procedure, and how judges decide cases. I translate that experience to my practice every day, assisting clients in making the best decisions for their families. I have experience representing clients in all aspects of family law cases, including divorce proceeding, child custody and support matters,...
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.
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.
Basic support is for the child's expenses, such as food, clothing and transportation, and does not include payments on arrears. It is calculated by multiplying the paying parent's percentage of the combined Parental Income for Determining Child Support (PICS) by the combined basic support amount. If a court orders parenting time to the paying parent of ten percent or more, he/she may receive a deduction from basic support, based on the percentage of court-ordered parenting time.
If the court determines that there is probable cause that one of the parties, or a child of a party, has been physically or sexually abused by the other party, the court shall not require or refer the parties to mediation or any other process that requires parties to meet and confer without counsel, if any, present. (Minnesota Statutes - Chapters: 518.619)
If the parents can not agree on an appropriate custody arrangement, the court will examine what is in "the best interests of the child" by considering and evaluating the following factors: (1) the wishes of the child's parent or parents as to custody; (2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; (3) the child's primary caretaker; (4) the intimacy of the relationship between each parent and the child; (5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests; (6) the child's adjustment to home, school, and community; (7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (8) the permanence, as a family unit, of the existing or proposed custodial home; (9) the mental and physical health of all individuals involved; (10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; (11) the child's cultural background; (12) the effect on the child of the actions of an abuser; (13) except in cases in which a finding of domestic abuse, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child. (Minnesota Statutes - Chapters: 518.17)
During marriage, we kept our paychecks, bank accounts, and credit cards separate. How does this affect the division of assets and property if we get divorced? In Massachusetts, all of your assets and debts are considered marital and belong to both of you. It doesn’t matter whose name is on the accounts or credit cards or who paid which bills during the marriage.
As mentioned above, the court is going to ask what Alternative Dispute Resolution you have used prior to coming to court. In most cases, some type of ADR is required, but there are exceptions, such as some cases involving domestic violence. In recent years many mediators have developed better protocols for accommodating those circumstances, and so some cases involving domestic violence do proceed with mediation today. A victim of domestic violence should seek the advice of counsel regarding any ADR process they are considering.
It should come as no surprise that it is difficult for parties to a divorce or other family law dispute to reach agreements on important issues on their own. However, oftentimes, disputes related to divorce and other family law matters can be resolved with the assistance of a neutral third party through mediation. The job of the Minnesota divorce mediators at Bloch & Whitehouse, P.A., is to facilitate communication between parties to promote an agreement.
These court actions add delays, thousands or tens of thousands of dollars of costs, and interpersonal stress to the process of reaching a separation agreement. As the chart illustrates, the only way to guarantee an uncontested divorce, with no expensive, antagonistic, and time-consuming court actions, is through divorce mediation, a collaborative law divorce process, or out-of-court divorce negotiations. Attorney Julia Rueschemeyer specializes in these forms of divorce, which avoid high costs, delays, and court legal battles. You can learn more about mediation, collaborative law divorce, and differences between fault, no-fault, contested, and uncontested divorce on other pages of this website.
Mediationis one ADR method. In mediation, the parties try to work out an agreement between themselves with the help of a neutral third person called a mediator. The mediator helps the parties discuss their disagreements, make compromises and reach their own agreement. Mediation can be helpful because both of you have agreed to the outcome rather than having a big fight and the judge makes decisions for you. Mediation about custody or parenting time can be helpful because you both will continue to be parents to your children and together you can continue to work out parenting issues. In mediation both of you should be able to say what you want and cooperatively work out compromises. If you don't understand things or don't feel you have equal power with your spouse, the mediation is not fair. You can stop the process at any time without reaching an agreement. You only have to try to settle. You can't be forced to agree to something.
If the custodial parent wishes to leave the state, the other parent must agree that the children can move or the custodial parent must get permission from the court. If the other parent agrees, the agreement should be put in writing. The court must weigh certain factors when deciding whether to allow the move. The factors are things like the reason for the move and the child’s relationship with the other parent and other family members. The parent requesting the move must convince the court to give permission, except in domestic violence cases.
Many lawyers charge a retainer fee of between $2,500 and $5,000 for average cases, and bill the client for services in addition to the time covered by the retainer. The retainer amount will be substantially more in complex cases, so the cost of mediation from beginning to end can be less than the combined retainer fees would be if the parties hired lawyers to handle the divorce.
Mediation is confidential and non-binding. Mediators cannot force the parties into a settlement. Rather, mediators keep everyone focused and facilitate the exchange of information. Mediation is not appropriate in all cases, particularly those in which there is a history of domestic abuse among the parties. The actions and concessions of a party during mediation cannot be used against them in court pursuant to the rules of evidence.
The United States is one hot destination. Whether the lure is Hollywood, the Statue of Liberty or the world's highest standard of living, people pour over American borders every day, searching for a good time or a better life. To do either, every one of these people is legally required to have a visa, issued by the United States Department of State. If someone comes to the United States without a visa, or stays after his or her visa is expired, that person is breaking the law.
Susan uses a transformative approach to conflict intervention, which places the principles of empowerment and recognition at the core of helping people in conflict change how they interact with each other. With a background and education in coaching and counseling her ultimate goal is sustainable relationship improvement through the process of med ... more
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. The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (Minnesota Statutes - Chapters: 518.07, 518.09)
Unless a reasonable support amount is agreed to by the parents, the court shall set child support according to the child support guidelines and worksheet. The court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. In addition to the child support guidelines, the court shall take into consideration the following factors in setting or modifying child support or in determining whether to deviate from the guidelines: (1) all earnings, income, and resources of the parents, including real and personal property, but excluding income from excess employment of the obligor or obligee (2) the financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported; (3) the standard of living the child would have enjoyed had the marriage not been dissolved, but recognizing that the parents now have separate households; (4) which parent receives the income taxation dependency exemption and what financial benefit the parent receives from it; (5) the parents' debts; (6) the obligor's receipt of public assistance under the AFDC program. (Minnesota Statutes - Chapters: 518.551, 518.552)
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...
The court can also make an order restraining (stopping) an abusive or violent spouse from harassing or harming the other spouse or the children. The court can order one of the spouses to leave and not return to the home. A violation of this part of the order may be a misdemeanor. The party violating it can be ordered to pay a fine or go to jail.