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.
Getting divorced and resolving family law issues involves transitions that are not easy. I am an experienced divorce mediator and family lawyer, and I will guide you through these transitions with compassion, treating you and your concerns with respect. We will work together, one issue at a time, to create solutions that work for you and your family and ensure that the focus stays on the healthiest process and outcome for you and your children.
The Petition for Dissolution of Marriage must declare the appropriate Minnesota grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:
Litigating a divorce results in both parties operating under attack and defend mode. When mediation is used, the process is much more peaceful and conciliatory. Both parties are allowed to explain their position and perspectives on all the issues, leading to a generation of solutions which ultimately benefit both spouses and their children, if any. Parties to divorce mediation have decision-making powers and must agree to each provision in the final agreement. Couples who agree to terms voluntarily are much more likely to comply with those terms in the future, and much less likely to find themselves back in court fighting about perceived violations of the terms.
Not exactly; mediated settlements do not become legally binding until they have been submitted to, and accepted by, the Court. The final product of mediation is a Memorandum of Agreement. This document memorializes all of your agreements and is the basis for your Marital Termination Agreement and Judgment and Decree. If unrepresented by attorneys, most of my clients choose to hire a neutral attorney (or scrivener) who completes all of the necessary legal documents and assists with the filing process. If either or both clients are represented, one of the attorneys may be selected for drafting the legal documents and the other attorney reviews everything for accuracy. A few of my clients choose to use the pro se forms available online through the MN District Courts website. At the conclusion of mediation, I will be able to help you determine the best option for your situation. It is important to know that even if your mediator is also an attorney, it is considered professionally unethical for a mediator to draft legal documents for his/her clients.
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.
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.
Julia actually came to my rescue twice. The first time, I was fortunate enough to stumble across her website while looking for divorce mediation. We did not have the time or money for court battles; we just needed someone to insert some sense and sanity into what is already a tricky and painful process. Julia was able to make our divorce process simple and straightforward, and we both felt like we were heard! Four years later, I contacted Julia again to help me with the next intimidating process of amending the divorce agreement. Again, I felt like she did her conscientious best to humanize and streamline the process (and save me money!) with her compassion, quick thinking, and thorough attention to detail. And as a bonus: she answered my panicked emails in a timely and kindly fashion.
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.
MN law is relatively vague about how to divide marital property (all that you own and owe). There is an assumption that all marital property should be divided equitably. Mediation allows you and your spouse to define your own concept of fairness and to control how you divide your marital property. Through the creation of a master spreadsheet you will fully document and verify all of your assets and liabilities. As you make decisions about who will receive which property, the spreadsheet calculates and reveals the overall monetary value awarded to each spouse. The end result is one comprehensive document which allows each of you to easily determine if your property division is “fair” or not. My experience is that typically the numbers speak for themselves.
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.
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.
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.
If the parties can not come to an agreement on how their marital property is to be divided, the court shall base its findings on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party. The court shall also consider the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker. It shall be conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife. If there is a substantial change in value of an asset between the date of valuation and the final distribution, the court may adjust the valuation of that asset as necessary to effect an equitable distribution. (Minnesota Statutes - Chapters: 518.58)
3) Contact the New York State Unified Court System's Collaborative Family Law Center. The Center offers free divorce mediation to qualifying couples living in New York City. If you and your spouse are eligible, you may get up to four, 90-minute sessions with program mediators (or six sessions, if you have children). Both spouses must agree to participate. Note: Referrals to divorce mediation will not be made in cases involving domestic violence or child abuse or where one spouse cannot locate the other.
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.
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.
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.
Usually the petitioner's attorney calls the petitioner's witnesses first. Each witness is sworn under oath and answers the attorney's questions. Then the other attorney may question the witness. Sometimes the court may ask questions. Sometimes the petitioner's attorney will ask additional questions. When the petitioner's attorney has called all of his or her witnesses, including the petitioner, the attorney tells the court that the petitioner rests his or her case. Sometimes the attorneys will present their argument in writing.
Most state courts require you to submit a financial affidavit during the dissolution process. Be sure to check your local rules or consult with an attorney. It’s paramount to complete your financial affidavit accurately, as that information can be held against you later. Creating a rough draft early in the information-gathering process will ensure that your final version will be error-free. It also serves as a roadmap of the financial factors to cover during mediation.
If you own your home or other land, this property must also be divided fairly. The court may order the property sold so that each of you will have your share as soon as possible. The court might award one spouse the home and give the other spouse other property, such as retirement accounts, that equal the equity in the home. If the court believes that it would be better for the minor children to remain in the home, it may permit the children and the custodial parent to remain in the home until the children are 18 years old. Then the proceeds from the sale of the home will be split.
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...
Regardless of your children’s ages, you need to communicate about what’s happening, since it affects their lives too. Agree to talk to your kids together. Agree on how it will be done, where it will be done, and what you will say. Present a united front and try to answer their questions as well as possible, without divulging unnecessary adult information. Kids are smart, and they probably already know something’s up. They deserve to hear that their parents will continue to love and support them and that everything will be ok.
Many people think that when a couple wants to live apart they have to get a "legal separation." This is not true. Often couples live apart for awhile before they decide to get a divorce. This is not "illegal." Legal separations are for people who do not want a divorce (usually for religious reasons). They still need a legal paper to settle custody, support, and property questions. The court makes the same kinds of decisions that it makes in a divorce. However, the couple remains married, and the division of property is not final.