Typically the SENE will involve both parties, both attorneys, and two court-appointed custody evaluators. Usually three hours is blocked for a session. During the session, each party (and his or her attorney) is given the opportunity to explain what they would like for a custody and parenting time arrangement, and why. Questions from the evaluators are asked and answered. Then there is a break while the evaluators confer. Then the meeting reconvenes and recommendations are given and explained, whereupon the parties discuss settlement.
You may be surprised to know that most MN divorce cases (over 90%) are settled before they ever reach a court room. Mediation is so effective that the State of Minnesota requires you make a good faith effort to settle your divorce through Alternative Dispute Resolution (ADR) before appearing in Court – so why not start with a process which is proven to work as well, if not better, than litigation?

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.
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.
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.
Although the advantages of mediation generally far outweigh the disadvantages, there are a few potential disadvantages associated with divorce mediation. A divorce mediator may not advise you on the legal aspects regarding the decisions you are making. This could result in an agreement which leads to a loss of important rights. This is why all mediated agreements should be looked at by an experienced divorce attorney prior to giving it to the judge for approval.
In addition, a finding of irretrievable breakdown must be supported by evidence that either a) the parties have lived separate and apart for a period of not less than 180 days immediately preceding the date of service of the divorce petition; OR b) there is “serious marital discord adversely affecting the attitude of one or both of the parties toward the marriage.” [5]
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.
Grandparents may seek visitation with their grandchildren.  Minnesota law also allows a person who is not a parent but who previously lived with the child for two years to ask the court for the right to visit the child.  A court will grant visitation if it is in the child's best interests and if visitation will not interfere with the parent-child relationship.

Karen is a mediator with multiple sources of experience transforming complex disputes into mutually beneficial outcomes. Karen is available for mediations, meeting and workshop facilitation, and conversation coaching. Her subject-matter expertise includes environmental, and the cultural and technical intersections of fee and tribal trust land. This ... more
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...
Legally, there can be no discrimination based on the sex of the parent. For a father willing to bear the time and expense of the contest, chances for custody are more or less equal to those of the mother, all else being equal. Having said that, I do think there is some lingering bias, even though judges and custody evaluators and guardians ad litem will always deny it. Often I do not believe it even occurs on a conscious level. Yet there is a gut feeling one gets, representing a father, that the job is just a little more difficult, or representing a mother, that the job is just a little bit easier.
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.
Grandparents may seek visitation with their grandchildren.  Minnesota law also allows a person who is not a parent but who previously lived with the child for two years to ask the court for the right to visit the child.  A court will grant visitation if it is in the child's best interests and if visitation will not interfere with the parent-child relationship.
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.
While it may be true that the two people are too emotional to sit down together alone, in mediation they work with their mediator, a trained professional and neutral third party, who has experience and training to help them focus on the issues at hand and to work together to resolve them. The mediator has many tools available to assist when emotions run high, such as caucusing by meeting with the parties in separate rooms or using an online platform until emotions have a chance to settle down. The mediator is skilled at helping the people to focus on the issues at hand and the future rather than the things that happened in the past that brought them to divorce in the first place.
If your ex-spouse was ordered to provide medical or life insurance, but does not buy insurance or cancels the insurance, the court can order your ex-spouse to reinstate the insurance policy or get a new policy.  The court may also order your ex-spouse to pay medical or hospital bills which should have been paid by the insurance.  If cash was received for the policy that was canceled, the court can award you all or part of the money.  You can also ask the court to find your ex-­spouse in contempt of court.
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.
The flowchart below gives an overview of different processes for completing a divorce in Massachusetts. In 95% of divorce cases in Massachusetts, the final terms of the divorce are agreed upon in a separation agreement that is written up outside of court and presented to a judge who approves it in a 20-minute hearing. There are very different routes, however, for reaching this separation agreement and brief hearing. In many cases, there are court actions–litigation or “contested divorce” processes–before a couple agree on the terms of the divorce in a separation agreement.
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.
After the elapse of a period of time, nobody much cares if the reason you only had every other weekend was because the other parent truly wouldn’t “let” you have more time. Although that may very well be the case, and although you may have let your spouse control the situation in order to spare the children the trauma of parental conflict, in my experience the courts are more swayed by the pattern of contact rather than by these “excuses.” The wisdom of Solomon does not apply. [1]
When a problem must be settled before trial and the parties cannot agree, one of the parties may request a motion hearing before the court.   Motions may be used to ask the court to make the other party turn over evidence or to enforce the decisions made by the court in earlier orders.  Sometimes the temporary relief order must be changed when there has been a change in the facts or an important problem was overlooked at the first hearing.
The same analysis applies to debts. Debts incurred prior to the valuation date are generally marital, regardless of who incurred them. Debts incurred after the valuation date are generally separate. If your spouse is charging up the credit cards like a drunken sailor, it is in your interest to expedite the divorce proceedings to lock in the default valuation date.
Conflict, especially in a divorce or a breakup, need not be inevitable. Exploring mediation as an option means that you want to reach an agreement that serves both of you in a confidential, flexible, and cost effective manner. Mediation starts a process which will enable both of you to continue your lives as whole people, better able to parent together. The Court system assumes that parties cannot get along well enough to reach resolution on their own; the mediation/alternative dispute resolution process assumes that parties can do so.
When it comes to divorce in Minnesota, it’s important to know that the state favors “equitable distribution.” This simply means that all assets are divided equally among both parties regardless of either party’s wishes. Sometimes, though, this doesn’t necessarily mean that “equitable” will be equal. Rather, the word fair is more the proper term to be used when dealing with property distribution.
The court can also consider a change if the parent with custody has denied or interfered with the parenting time of the other parent.  However, parenting time problems alone are usually not enough to change custody.  Denying or interfering with a parenting time schedule is a factor that a court may consider in deciding to change custody.  A judge can also change custody based on the “best interests of the child,” if both parents agreed to use that standard in a writing approved by the court.

A “2018 Child Support Guidelines Worksheet.” This form is used to calculate child support according to Massachusetts child support laws. You can calculate your child support right now with the free 2018 Massachusetts Child Support Calculator on this site and then click a button to download the results into a court-ready Child Support Guidelines Worksheet.
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.
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:
Most courts give parents the opportunity to work with independent evaluators soon after the case is filed to see if they can reach an agreement about custody, parenting time, money and property. The two types of ENE are: Financial ENE (FENE) to settle financial disputes and Social ENE (SENE) to settle custody and parenting time issues involving their children.
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