If you’re struggling with coming to terms with the fact that you need a divorce, now is the time to speak with a professional who has literally been in your shoes. Our owner Jeff Johnson has been through a divorce himself and understands the emotional toll it can take on a couple. If you’re tired of fighting and ready to put the past behind you, reach out to Jeff today to setup a free one-hour consultation. He can be reached by phone at 952-401-7599 or you can reach Jeff directly at jeff.johnson@johnson-mediation.com. Jeff looks forward to hearing from you soon.


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I provide superior professional divorce and parenting services that are efficient, effective, respectful and informative. I help my clients achieve affordable, real life, workable solutions. My client-centered process empowers individuals to create fair and reasonable agreements which satisfy their unique needs and circumstances. Two key components ... more

Through a series of joint sessions we work through the three main components of a legal divorce settlement (property division, financial support and parenting plan). Generally speaking we follow these steps: 1) make an action plan and prioritize issues to be addressed; 2) determine what information needs to be gathered and shared; 3) assess if additional professional assistance from appraisers, accountants, therapists, attorneys, etc. is needed; 4) share and document your property (assets and liabilities); 5) make decisions about dividing your property; 6) create budgets for separate living; 7) determine financial support needs (child support and/or spousal maintenance/alimony); and 8) develop a detailed and workable parenting plan. In all cases, your personal and private information is treated confidentially with the same care and concern as in the legal process. The final product of mediation is a Memorandum of Agreement which is a comprehensive document detailing your agreements and which serves as the basis for your legal documents which are filed with the court.
Thereafter, if either party is still dissatisfied with the result, they may "appeal" the lower court ruling to the Minnesota Court of Appeals. Such appeals are of right, and take place before a three judge panel, after extensive briefing and oral argument to the Court of Appeals. However, once the appeal is filed, the Court of Appeals will automatically put the appeal on hold, and requires it's own attempt at alternative dispute resolution known as appellate mediation. If mediation is not successful, the entire appeal process may take upwards of a year after the trial court's final decision. The Court of Appeals may affirm all decisions outright, reverse all decisions outright, or may affirm some parts of the decree while reversing others. If a party thereafter is dissatisfied with a ruling of the Court of Appeals, they may seek discretionary review by the Minnesota Supreme Court. The Supreme Court however, denies review of most cases, and only chooses to hear a few family law cases each year. Those cases selected for review typically involve novel factual or legal issues.
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.

In today's depressed real estate market, I often encounter the situation where a spouse had a non-marital interest in the marital homestead at the time of marriage; but at the time of divorce, the house is upside down. So the question arises as to whether or not the spouse who formerly had the non-marital interest is entitled to any kind of credit in the overall divorce property settlement.
The Summons is a separate legal paper telling the respondent to answer the Petition within 30 days.  If the respondent does not, he or she is in default and the divorce is uncontested.  This means the petitioner (the spouse who wanted the divorce) may be granted the divorce and other relief requested.  The Summons also forbids both parties from selling or getting rid of any property or harassing one another.  It requires each party to maintain any insurance for the family.  If one spouse spends money belonging to both parties after receiving the Summons, he or she will have to explain to the court why the money was spent.

The court may appoint a “guardian ad litem” if it believes one party has hurt the child or that having someone to represent what's best for the child would be helpful.   A guardian ad litem advises the court about custody, parenting time and support during the case.  A guardian ad litem is different from other kinds of guardians.  The guardian ad litem does not have custody.  A guardian ad litem makes an independent investigation about what's best for the child and writes a report for the court. The parties may be asked to pay the costs of a guardian ad litem.
Most children of divorce exhibit signs of emotional, psychological, behavioral, and social distress. Many have significant adjustment problems and show lower academic achievement when compared with children from intact families. According to one study, 37 percent of children from divorced homes were psychologically troubled and manifested moderate to severe clinical depression, even five years after a divorce. And children deprived of frequent access to their fathers tend to show diminished self-esteem, lasting many years after the divorce.
1st meeting: The couple and the mediator identify the issues needed to be discussed and the order in which they will be discussed, then decide what information needs to be gathered and shared. Between the first and later sessions the couple gathers all relevant financial data, or if necessary, the opinions of experts such as appraisers or accountants, with this material treated with the same care and concern as would be the case in the adversarial process.
Mediation also allows couples to avoid the risks of trial, protects confidentiality, and decreases stressful conflict. Mediation may also protect the children of a marriage from the pain of parental conflict. Because the parties work to create their own agreements, couples who mediate their divorce settlement often find greater satisfaction than those who go to trial. Moreover, the couples learn skills to help them resolve future conflicts.
During this stage, the mediator may first begin to discuss the general legal rules that might apply to your case. This can include the laws of your state dictating how a judge would divide your assets and debts, how child custody and child support would be decided, when and how alimony can be ordered, and laws dealing with related issues like taxes and life and health insurance. This general legal information will help you decide how to approach the issues in your case.
If you're not satisfied, simply call us toll-free at (800) 773-0888 during our normal business hours. All requests made under this guarantee must be made within 60 days of purchase. We will process your request within 5 business days after we've received all of the documents and materials sent to you. Unfortunately, we can't refund or credit any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to attorneys affiliated with our legal plans or attorney-assisted products.

We work with a team of attorney mediators and non-attorney mediators who are committed to supporting divorcing spouses in the goal of hiring professionals only for what is needed. As a way to support those who want to take responsibility for their own divorces, these professionals have agreed to reduce their rates for individuals who find them through WashingtonDivorceOnline.com.
If the court finds, after a hearing, that parenting time with a parent is likely to endanger the child's physical or emotional health or impair the child's emotional development, the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant. The court shall consider the age of the child and the child's relationship with the parent prior to the commencement of the proceeding.
The summons is a simple legal notice that a divorce action has been commenced by the petitioner and advising how long the respondent has to serve an "answer" to the petition. It also contains a preliminary restraining order, preventing changes in insurance coverage and the disposition of property, except for the necessities of life or in the ordinary course of business. In Minnesota, unless the petitioner agrees to an extension the answer must be served within thirty days. If you ignore the service of a summons and petition for a longer period of time, the petitioner may serve a motion with the court requesting that default judgment be entered. This judgment will not only immediately dissolve the marriage terminating certain rights you have as a married person to rights such as health insurance. It may also result in the moving party being awarded rights and interests in property, as well as the loss by the respondent to certain rights, such as spousal maintenance (alimony) without the respondent having the opportunity to respond and defend their rights. While there are cases in which the court will subsequently set aside a default judgment, it is very important that you retain a lawyer to respond to a summons and petition within thirty days. Sometimes that response may be as simply as an agreement from the petitioner's attorney to extend the thirty day period to answer the petition.
Court rules now require both sides to try ways other than court to resolve their differences.  There are many other ways to reach agreements called alternative dispute resolution (ADR) methods.  Make sure you know all your choices before deciding on a method.  The parties may be asked to pay for the cost of ADR. Most ADR methods let you stop the process at any time without reaching an agreement.
In order to make custody determinations the court evaluates the best interests of the children using 13 key factors which are defined in MN 518.17.In addition to being financially expensive, formal custody evaluations are also often highly adversarial and emotionally damaging for all involved, especially the children. In the end, a “victory” is often bittersweet and both parents will have some amount of court ordered parenting time. Rather than seek to prove that one parent is better than the other, it is critical to recognize that both parents are important in different ways – each providing that which can only be given by a mother or a father. You are the experts about your life and your children. You are the best qualified to make decisions about how to restructure your family and parenting time after divorce. As your mediator, I help you evaluate and discuss parenting time options and make child-focused decisions about how each of you will remain significantly involved with your children.

1st meeting: The couple and the mediator identify the issues needed to be discussed and the order in which they will be discussed, then decide what information needs to be gathered and shared. Between the first and later sessions the couple gathers all relevant financial data, or if necessary, the opinions of experts such as appraisers or accountants, with this material treated with the same care and concern as would be the case in the adversarial process.
Information obtained in mankatofamilylaw.com may contain knowledgable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota licensed Attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in Your Family Law matter, contact 507-625-5000.

In order to maintain the status quo while the divorce is being processed, spouses are allowed to file Motions for Temporary Relief in order to temporarily order child custody, child support, spousal support and any other issues that occur day to day that must be handled while the divorce is being processed. Once the divorce decree is finalized and signed by a judge, the temporary order will expire and the final divorce procedures will go into effect.

Eric graduated magna cum laude from Macalester College in St. Paul, MN in 1990. In 1994 he received a Doctorate of Law (JD) degree from the University of Minnesota. Following that, he spent the next two years as a judicial clerk for the distinguished Honorable Lois J. Lang, Judge of District Court, with a workload that primarily involved the drafting of divorce decrees, orders, and legal memoranda on a host of issues pertaining to divorce, child custody, child support, visitation, spousal maintenance, distribution of marital and non-marital property, valuation of property, domestic abuse and harassment, and the like....
Also, divorce in the court system is public domain. Anybody can sit in court and hear the specifics of your divorce. On the other hand, mediation is confidential, private and conducted behind closed doors. In mediation, there are no attorneys putting up walls between you and your spouse. Mediation is about working together, doing things in the best interests of your children and focusing on being able to be parents for your children for years to come. Unfortunately, divorce in the court system is designed to put up that wall and limit communication, which inevitably leads to many post divorce problems and many more hours and thousands of dollars in court.

The court may appoint a “guardian ad litem” if it believes one party has hurt the child or that having someone to represent what's best for the child would be helpful.   A guardian ad litem advises the court about custody, parenting time and support during the case.  A guardian ad litem is different from other kinds of guardians.  The guardian ad litem does not have custody.  A guardian ad litem makes an independent investigation about what's best for the child and writes a report for the court. The parties may be asked to pay the costs of a guardian ad litem.
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.
The divorce becomes final when the court clerk "enters" the Judgment and Decree, which means the clerk writes it down on a court list of all judgments.  The Judgment and Decree contains the final decisions of the court.  Sometimes it is a week or more after the default hearing before the Judgment and Decree is entered.  The court clerk may send a copy of the Judgment and Decree to the petitioner's attorney.  This attorney serves the respondent with the final Judgment and Decree and gives a copy to the petitioner.  There is no waiting period in Minnesota—the divorce is completely final when entered.
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.

Without taking sides, a divorce mediator works with you and your partner to negotiate a settlement that is in the best interest of you and your family. Typically, a divorce mediator helps you better understand and communicate your individual and common interests so that you can explore reasonable options, make good decisions and reach solid agreements that benefit your family.
Couples who are headed for a trial date may be ordered by the court to go through mediation before that date is set, however, mediation can also be voluntary. If the couples are unable to resolve their issues through mediation, they are free to pursue any other remedies they choose. Mediation is generally better for the children involved, as it allows the couple to make decisions which are in the best interests of the entire family in a non-contentious manner. Children can be damaged by hearing their parents argue and say things to one another that children should not hear. Many parents who end up litigating their divorce are not hesitant to say ugly things about the other parent in front of the children. Parents who make a conscious decision to mediate their divorce, are also more likely to be aware of ensuring the children are not privy to contentious behavior between the parents.

Mediation sessions are typically 2 – 3 hours long and scheduled approximately 2 weeks apart. Most of my clients reach a complete settlement in between 6 – 8 hours of mediation occurring over a 6 – 8 week period of time. Depending on the county in which you live and the time of year, processing of your legal documents can take the court another 1 – 8 weeks.

1. Don’t make your attorney justify every single decision, no matter how small. We’re happy to do it, but it takes time, and time costs you money. The point is not for you to acquire a law school education. The point is to represent your interests with excellence and efficiency. If you can’t take your lawyer’s word for something, it’s time to get a new lawyer. Otherwise, it’s much cheaper to give your lawyer a certain amount of “command authority,” at least on matters of procedure and tactics.
The date on which earnings (including retirement contributions and other income) becomes separate property again, is the so-called “valuation date.” [1] The valuation date is the date of the initially scheduled prehearing settlement conference, unless the parties agree to a different date, or the court finds that a different date is fair and equitable. [2] In my experience, the Court seldom exercises its discretion to use a different date. One situation warranting a different date is where the parties have been separated for years prior to commencement of the divorce, and have been living separately, with separate accounts, insurance, bills, etc., during the separation period.
Infidelity can also be tough, though not impossible, to work through: In one case of Green’s, the husband had been unfaithful and in a rather public way—he was active on social media, on Tinder, and he had an alternative Facebook profile, “so he had not only cheated on her, but there was a public aspect to it, so she felt very angry, and she also felt humiliated.”
“Dear Spouse: I very much regret that we have been unable to agree to a suitable interim parenting time schedule for the children pending the temporary relief hearing scheduled for xx/xx/xx. In order to spare the children the experience of our conflict over this issue, I will abide by the schedule you have unilaterally dictated while we await court action. Nevertheless, I want to make clear my strong objection to this interim schedule, which we both know is not in the children’s best interests.”
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.
This is usually a very smart thing to do, to prevent the other spouse from racking up debt in your name. I’ve seen it happen countless times. And while this can be accounted for, it’s much easier to just avoid the issue in the first place. Also, remember that even if the Court orders your spouse to assume this or that joint credit card debt, the Court has no authority to absolve you of your contractual liability to the creditor. So the joint debt will remain on your credit history, and will still be your problem to deal with if your spouse ever stops paying or pays late.
This can be a very complex situation. A spouse can hide a lot of income through a business, which can greatly affect what you may be entitled to in the divorce. Further, it may not be for the best interest of both spouses if a profitable business is split up. There are many issues and pitfalls that arise when a business is involved in a divorce. You should consult with an attorney who understands both the divorce and the business issues.

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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