You can also go to court to get an order to change or set a parenting time schedule or for supervised parenting time. The court may send you to a parenting time expeditor before the court hears your motion for a change in parenting time.  The court can order mediation or you can voluntarily agree to use mediation to try to resolve parenting time problems.  If one parent denies parenting time, the other parent can go to court to request more parenting time or even to change custody.  The court will look at whether or not there was a good reason for denying parenting time. Abuse of the children would likely be a good reason to deny parenting time.  
The content of this website is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. To establish an attorney-client relationship with Williams Divorce & Family Law requires a retainer agreement signed by you and attorney Gerald O. Williams. Woodbury/St. Paul, Minnesota, attorney, Gerald O. Williams, represents clients in divorce and family law matters throughout the seven county metro area, including the communities of St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater. The seven county metro area includes Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.
A mediator is a neutral professional specially trained to help you and your spouse reach agreement about all the important legal issues relating to your divorce. A mediator is not a decision maker. As your mediator, I guide you through the divorce process. I answer your questions and help you understand the court system. I facilitate a productive discussion of the issues while maintaining a safe and respectful environment. I assist you in understanding each other’s needs, wants and concerns. I help you generate and consider creative options. If you have minor children, I help you create a comprehensive Parenting Plan which will increase your likelihood of parenting success after your divorce is final. And finally, I document your agreements in a Memorandum of Agreement.

I use only processes—mediation, collaborative law divorce, and out-of-court negotiation—that emphasize open, respectful communication. I am currently not taking "contested" cases, in which each spouse hires a lawyer and fights in court. If you have been served with divorce papers or need legal representation in court, you should contact a different attorney.

The content of this website is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. To establish an attorney-client relationship with Williams Divorce & Family Law requires a retainer agreement signed by you and attorney Gerald O. Williams. Woodbury/St. Paul, Minnesota, attorney, Gerald O. Williams, represents clients in divorce and family law matters throughout the seven county metro area, including the communities of St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater. The seven county metro area includes Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.
All marriages prohibited by law shall be absolutely void, without any decree of dissolution or other legal proceedings, with the following exception. When a person who's husband or wife has been absent for four successive years, without being known to the person to be living during that time, marries during the lifetime of the absent husband or wife, the marriage shall be void only from the time that its nullity is adjudged. If the absentee is declared dead, the subsequent marriage shall not be void.
The traditional divorce process can be extremely expensive and can create an adversarial climate that can require lengthy litigation, which is often unnecessary. With divorce mediation, our goal is to create an environment that is more collaborative by working together toward solutions to ensure divorcing couples end up with an arrangement that works for them, their kids if applicable, and their budgets.
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. [3] 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.
I have more than 15 years experience with families and churches in conflict management and resolution. Clear thinking and calm presence  is a must in stressful interpersonal situations so I’m balanced between a logical head and caring heart. Skill and experience in crisis counseling, de-escalation and conflict resolution is what I bring to to the table. As a  former ER chaplain, I’m sensitive to diverse faiths and beliefs, and understand many of the differences that age, education, setting and lifestyle can make in dealing with conflict. I know my limits in dealing with different cultures yet have much inter-cultural experience. Immersed in language study in college, I also lived with people from over 20 countries including people from Africa, South America and Asia.

Denying or interfering with an established parenting time schedule can result in more time being awarded by the court to the parent who was denied their regular parenting time. The court will look at the reasons why the parenting time schedule was not followed.  If the court determines that denying or interfering parenting time happens more than once and is on purpose, the court will award more time to the parent who was denied their regular parenting time.  The only exception is if the denial of parenting time was to protect the child’s physical or emotional health.  The court could also give a penalty to the parent who denied or interfered with the other parent’s regular time, or consider it a factor when deciding on a change of custody. 
Once your negotiations are finished and you have found a solution, either the mediator or one of your attorneys will write an agreement and, in many cases, a parenting schedule or parenting plan. These documents will be incorporated with the rest of your divorce paperwork and become part of your divorce judgment, which means that a court could enforce them if one of you doesn't do what the agreements say you'll do.

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.
A party who is dissatisfied with the court's decision may ask the trial judge to change his or her decision or set a new trial or appeal to the Court of Appeals.  No new evidence or testimony is taken by the Court of Appeals.  Appeals are hard to win.  Usually when the Court of Appeals overrules a trial judge, it is because the Court of Appeals believes the trial judge made a mistake about the law.
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.
When the respondent is served in another state, a separate child support  proceeding  can  be  started with the help of the county support enforcement agency and the county attorney.  In this proceeding, the Minnesota court tells the court in the other state that a parent who lives in the other state owes child support.  Please see our booklet Child Support Basics for more information.

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.
If you represent yourself in the divorce you will be called a “pro se litigant.” In all Minnesota district courts, there are forms that pro se litigants in divorce cases can use. You should check with your local courthouse or law library or the Minnesota State Courts website (www.mncourts.gov/forms) for more information about where to get these forms.
No marriage shall be adjudged a nullity on the ground that one of the parties was under the age of legal consent if it appears that the parties had voluntarily cohabitated together as husband and wife after having attained the age of legal consent. Nor shall the marriage of any insane person be adjudged void after restoration to reason, if it appears that the parties freely cohabitated together as husband and wife after such restoration.
In mediation, the couple, with the help of the mediator, works out agreements on the above issues. Sometimes agreements come easy, sometimes they take time and a lot of work. When agreements are hard to reach, that is when the mediator intervenes. It is the mediators job to keep the lines of communication open, brainstorm ideas, reality test the couple, teach empathy and assist the couple in their decision making process. Mediators help keep the couple focused on the issues at hand, trying not to get them off track. When divorcing couples get off track and away from the above issues during mediation, arguing, name-calling and bad prior memories are brought up.
Mediation is much less formal than courtroom litigation. Rather than being bound by courtroom etiquette and being under the burden of the technical rules of evidence, those involved in the mediation are seated around a table or in an informal office setting. The issues in question are discussed in a non-intimidating, non-threatening manner. Solutions and settlement options which are agreed to by both parties are the hallmarks of successful mediation. Mediation solutions also tend to be much more creative than the solutions which arise from litigation. The mediator will “brainstorm” with both spouses in order to arrive a good solution for each issue. So long as there are no violations of Florida laws, the final mediated agreement can be anything the spouses agree to with the help of their mediator.
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.

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.


To get a no-fault dissolution in Minnesota, you need to state in the Petition for Dissolution of Marriage that “there has been an irretrievable breakdown in the marriage relationship.” Also, one of the following must exist: (1) serious marital discord adversely affecting the attitude of one or both of the parties toward the marriage, or (2) the parties have been living separate and apart for 180 days before filing.
As a mediator, I have found that custody mediations are frequently transformative. Parties deal with the fact that they'll have an ongoing relationship as parents. And they realize that when it comes to the kids, they can be on the same side. The result? Parties come up with a parenting plan they've jointly agreed on and gain tools to communicate with each other about their children. And research shows that parents who mediate have a better long-term relationship with their children.
In the framing stage, the mediator helps each spouse outline that person’s reasons for wanting certain outcomes in the settlement. These reasons consist of individual concerns, priorities, goals, and values. They are often referred to by mediators as “needs and interests.” Here, we use the broader term “interests.” Identifying interests helps to frame the core goal of the mediation: finding a resolution of the issues that successfully addresses each spouse’s most important interests. In most divorces, many issues need to be examined in light of each spouse’s interest. These include property and debt division, child custody, child support, and alimony.
Minnesota is a “no-fault” divorce state. What this means is that neither spouse has to prove marital misconduct (such as infidelity) to obtain a divorce. Instead, the parties can simply acknowledge that there has been an “irretrievable breakdown” of the marriage. In Minnesota, either spouse can get a divorce if they wish to have one. A spouse does not need to “give” the other spouse a divorce; rather, it can be obtained with or without the other spouse’s cooperation.

The court decides both legal and physical custody.  Legal custody is the right to make the major decisions about the children.  These include the children's religious upbringing, schooling, and medical care.  Physical custody means where the children live and which parent makes the routine daily decisions.  Physical custody is what most people think of when speaking about custody.
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