Welcome to Dworsky Mediation! Shosh Dworsky offers mediation to clients from diverse backgrounds and walks of life, of any and all faiths or of no faith at all. She works with couples (including same-sex), family members, professional associates or friends, and can serve as a parenting consultant or expediter. Shosh provides a safe, neutral spa ... more
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.
Such arguments are made both in support of temporary as well as permanent relief. Such arguments do not always carry the day, but it is often a consideration that influences judges, even if they deny it. If custody is in issue or you really want to keep the house, try to stay put until the temporary relief hearing, which is your first opportunity to legally compel the other party to move out.
The court may restrict parenting time if the parent seeking parenting time may harm or kidnap the children. The court can do this by limiting the hours of parenting time or limiting the place where parenting time can take place. The court can require that he or she only visit when another person is present (supervised parenting time). In very rare cases, parenting time may be denied altogether.
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)
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.
Disclaimer: This is a quality non-lawyer self-help divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3 Step Solutions, LLC does not practice law and does not give out legal advice. This software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more.
Minnesota Divorce and Family Mediation is committed to helping clients determine their own divorce settlement, customized to their specific situation and standards of fairness. Mediation is an option that allows divorcing couples to maintain control over their decisions at a lower cost. Mediation is also an effective choice for never-married couples and for those experiencing post-decree conflicts.
Another important tool for a parent whose child has been taken or hidden is the Federal Parent Locator Service (FPLS). An attorney must ask the court or county attorney to request FPLS assistance. The court or county attorney can apply to the FPLS for assistance in locating the missing parent. The FPLS is a computer search using the Social Security number of the missing parent to find home and work addresses for that parent. You must have the correct Social Security number in order to use the FPLS.
All divorce mediators will work hard to put everyone at ease, allowing the process to proceed in an informal, comfortable atmosphere. Most divorce mediations last from two to five sessions. While these sessions are structured to address specific issues in a specific order, one party or the other may need to gather additional information or consult with their attorney. In this case the specific issue may be skipped, and readdressed later. If both spouses agree, other professionals such as child psychologist, accountants or attorneys may be allowed to attend the mediation in order to clarify specific issues. If both parties agree, a relative or trusted friend may attend mediation, however their participation in the process is extremely limited. Children may be present during later sessions if the parents agree, but rarely during the first session.
Taking or hiding a child, or not returning the child after parenting time, can be a serious crime. Minnesota has a law which makes it a crime to deprive another of their custodial or parental rights. Under this law, you do not have to have a court order giving you custody or parenting time. If the other parent is hiding the child, you may be able to show that you have been deprived of your custodial or parental rights.
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,...
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.
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I hired Howard Iken as my attorney to handle my divorce case. Not only did he secure a win for me in the eventual divorce trial, he was also successful in having the post divorce trial petitions (4) filed by my ex-husband dismissed. Mr. Iken is very professional and adept at developing strategies that are favorable to his clients. He is organized, thorough, creative and more than willing to go the extra mile. I would highly recommend Mr. Iken’s law firm to anyone seeking legal services.
Christine Callahan has completed the certified training and is on the court roster for counties in the southwest metro to conduct Social Early Neutral Evaluations (SENE, for custody and parenting time) and Financial Early Neutral Evaluations (FENE for support and property division). For more information about the Early Neutral process in Minnesota, please see our articles.
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 have been an attorney for 23 years, working exclusively in the area of Family Law. After an initial start handling workers compensation cases, I spent nine years as an assistant county attorney handling child protection, child support, juvenile delinquencies/truancies, guardianships/conservatorships and mental commitments in Southern Minnesota. In the late 90's I headed up a special grant to develop and teach battered women's advocates in basic housing laws along with handling housing and divorce cases. In 2000 I spent 7 months handling bankruptcy cases for families in financial crises. Since 2001, I have worked exclusively on family law matters involving...
If one of us had an affair, how does that affect the divorce? Although it can be emotionally painful and it can devastate a relationship, an affair matters very little for the terms of the divorce . The one exception is if a spouse secretly spent thousands or tens of thousands of dollars on an affair. That counts as “marital waste” and can be calculated into the eventual division of marital assets.
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.