If any issue pertinent to a custody or parenting time determination, including parenting time rights, is unresolved, the matter may be set for mediation of the contested issue prior to, concurrent with, or subsequent to the setting of the matter for hearing. The purpose of the mediation proceeding is to reduce acrimony which may exist between the parties and to develop an agreement that is supportive of the child's best interests. The mediator shall use best efforts to effect a settlement of the custody or parenting time dispute, but shall have no coercive authority.
You are not obligated to hire an attorney in order to file for divorce; however, having one greatly improves the likelihood your rights will be protected and that your divorce is done correctly. Otherwise, you may end up spending much more on hiring an attorney after your divorce to seek post-decree modifications to clean up anything done improperly at the outset. Having a lawyer with you during this process also lessens the pressure on you during this difficult time. Further, hiring a lawyer is especially beneficial if there are allegations of abuse — spousal, child, sexual or substance abuse — because in those situations, it may be impossible for the abused spouse to negotiate effectively. A lawyer can help arrange the necessary protection for an abused spouse and the children. There are many other instances where a lawyer will be significantly helpful in a divorce, such as: asserting a non-marital claim, complex finances, divorces involving business ownership, divorces involving one spouse living in a different state, and many more instances.
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.
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...
State of Minnesota, District Court, County of __________, __________ Judicial District. This is the Minnesota court where the dissolution of marriage will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.
Yes, with effort and cooperation from both parties, your case could settle out of court. Agreeing (settling) on terms may or may not be the best solution for your interests. You should still have an attorney review the proposed terms of the divorce before you file a joint stipulation with the court to ensure the settlement is in your best interest.
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.
Mediation preparation is often limited, as there is no formal discovery. Frequently, mediation begins with a "general caucus" where the parties and the mediator meet in the same room. The mediator establishes the ground rules in an "agreement to mediate." In court-mandated mediation, the court order will often contain or refer to the "rules of mediation." One of the most important mediation rules is the requirement for confidentiality.
We are a full service divorce mediation office. We help each couple reach agreement on all issues, then facilitate drafting, notarizing and mailing of the legal documents to the court. Kent's focus is on helping each family through this difficult change, so the family experiences less conflict, less damage to important relationships and lower f ... more
“Legal Separation” is a major change in the status of your marriage. To get a legal separation you must serve and file a petition in Family Court in the county where you or your spouse lives. It is a separate process from divorce. In Minnesota, you don’t need to get a legal separation before you get divorced. Legal separation takes as long as a divorce, and costs just as much if not more. In many ways, a legal separation is the same as a divorce. Both include custody, parenting time, child support, and, if appropriate, spousal maintenance (alimony) orders. All the family assets and debts are permanently divided.
If you and your spouse have been unable to resolve issues involving your children, it may be necessary to have a formal custody/parenting-time evaluation. There is generally a monitory cost associated with this evaluation. This evaluation can be conducted by the Court Services workers in the county your action is venued in, if the county has such a department. In most counties this work is contracted out to third parties. Some parties, however, prefer to retain their own neutral expert, typically a child psychologist with expertise in conducting such evaluations. Private evaluations typically are more expensive than those conducted by Court Services. Whoever conducts the evaluation, however, will interview you, your children, and such third parties who have relevant information as are necessary, including other family members, friends, neighbors, teachers, doctors and counselors. They will observe you interacting with your children, and may also administer psychological testing. At the end of this process, some evaluators will first make an oral presentation of their findings in the hope that their summary will facilitate settlement. If not, a formal written report is issued.
All that's required to make a divorce mediation successful is for both people to show up willing to negotiate and open to compromise. Don't reject mediation just because you and your spouse see a particular issue very differently—in other words, don't give up before you've begun. Mediation is a powerful process and many cases that seem impossible to resolve at the beginning end up in a settlement if everyone is committed to the process.
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.
It is important to remember that the child support obligation terminates automatically at this time.  The obligor doesn’t need to return to Court to stop it. He just needs to stop paying. That said, if payment is through automatic income withholding, it is a good idea to alert your child support case worker in advance of the termination date, to be sure they don’t overlook it and continue withholding the money from your paycheck.
You'll then attend the first meeting—usually held in a conference room or comfortable office—where the mediator will explain what you can expect from the process. For example, the mediator may tell you that everyone will be in the same room for the entire mediation or that you'll meet in separate sessions so that the mediator can get your views or positions in private. The mediator may also take care of some housekeeping business—for example, ask you to sign an agreement that says that you'll keep what's said in the mediation confidential and that you understand that the mediator can't disclose any of what goes on there if there's a court proceeding later on. At the same time, the mediator will try to make you feel comfortable by establishing a rapport with both you and your spouse.
At Johnson Mediation, we focus on you, your family and your future by assisting you throughout the entire divorce process. We look at your unique situation to provide you the tools, expertise and resources so you can make fully informed decisions. Whether you agree on most of the issues and want to make sure you haven’t missed anything, or you can’t agree on anything and need ideas and potential solutions to consider, we can help you by providing the guidance to avoid a long and expensive divorce.
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...
John grew up in Bloomington, MN and graduated from Jefferson High School in 1985. He attended Mankato State University on a football scholarship before attending Indiana University School of Law and receiving his JD with honors in 1992. He moved his office to Burnsville, MN in 1994 and has remained in the same location for over 20 years. At Burns Law Office our practice is limited to family law matters such as divorce/separation, child custody, child support, father's rights, alimony/spousal maintenance, prenuptials and related matters. John is one of the most respected and experienced attorneys in...
You may be surprised to know that many divorcing couples are fairly respectful of each other and work well together in divorce mediation. There are also many couples who are very emotional about the divorce and as a result, exhibit more conflicted behaviors or believe they can not successfully negotiate face to face. As a mediator, I am trained to assist people in putting their emotions aside and focusing on the relevant issues. My job is to keep you on track and help you through the crisis. Rest assured that you will be accepted as you are; there will be no judgment or criticism and you will receive grounded professional assistance aimed at helping you succeed. My personal and professional experience has taught me that both emotions and conflict tend to diminish through the course of our work together. Professional guidance is often a key factor of success. As you progress through the process, you will likely come to understand why mediation is so successful at alleviating some of the non-monetary transactional costs of divorce.
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.
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.
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.
Although there certainly are several different styles of mediation, there are several things you can depend on no matter what style your mediator uses. Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you, which is natural and inevitable, in a way that helps you to work together as parents after your divorce.
To file for divorce in Minnesota you must file a Summons and a Petition for Dissolution of Marriage with the Clerk’s Office of the county court. Although the exact filing fee will depend on the county in which you file, Minnesota has some of the highest in the nation with the average around $400. Whether or not you are representing yourself, you must also file a Certificate of Representation.
1. You just might settle the case. The parties involved have the most information about their situation, and therefore are in the best position to craft a creative solution specifically tailored to them. Judges, on the other hand, are bound by case law, statutes, and rules and must provide a solution for the parties that fits within this framework.
If your spouse does not wish to contest the Petition for Dissolution of Marriage, they may file a Summary Dissolution jointly with you with the court. This obviates the need for a trial and allows parties to submit evidence in written form. To use this uncontested divorce procedure, you and your spouse must meet the following eligibility criteria:
Temporary maintenance and temporary support may be awarded in a proceeding brought for legal separation. The court may also award to either party to the proceeding, having due regard to all the circumstances and the party awarded the custody of the children, the right to the exclusive use of the household goods and furniture of the parties pending the proceeding and the right to the use of the homestead of the parties, exclusive or otherwise, pending the proceeding.
Susan uses a transformative approach to conflict intervention, which places the principles of empowerment and recognition at the core of helping people in conflict change how they interact with each other. With a background and education in coaching and counseling her ultimate goal is sustainable relationship improvement through the process of med ... more
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.
The parties in a mediation are not required to reach an agreement, and sometimes they don't. Whether the case settles or reaches an impasse, the mediator usually meets with the parties together at the end of the session. If the case has neither settled nor reached an impasse, the mediator will likely encourage the parties to attend another mediation session.
James W. McGill holds a Master’s Degree in Guidance and Counseling and is an honors graduate of Drake University Law School. Licensed to practice law in the State of Minnesota and the Federal Courts, McGill maintains a general practice with special emphasis in the areas of Mediation, Bankruptcy Law, Employment Law, and Alternative Dispute Resoluti ... more
There is no right to a free lawyer (like a public defender) in a divorce. However, there are nonprofit law firms that provide free legal help or arrange for volunteer attorneys for low income clients. See the back of this booklet for information on legal services. If free legal help is not available, or you do not qualify, you will need to hire an attorney or represent yourself in the divorce.