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.
Divorcing spouses who have a business may find it even harder to ensure their business continues to run smoothly during this difficult time. Family issues can intrude into the workplace, and if the business is shared by one spouse’s family, the tensions can increase exponentially. In this instance, divorce-mediation can help the spouses sort through the issues related to the business without costly litigation which also compromises the future of the business.
Very few divorce cases actually go to trial. Most cases are settled before the trial begins. Usually the attorneys and the judge have a short meeting before the trial starts. The purpose of this meeting is to decide what must be addressed during the trial and what has already been settled by the parties. The attorneys also make agreements so that the trial will be easier, faster, and less formal. For example, they might agree on the order in which witnesses will testify.
Mediation is confidential and non-binding. Mediators cannot force the parties into a settlement. Rather, mediators keep everyone focused and facilitate the exchange of information. Mediation is not appropriate in all cases, particularly those in which there is a history of domestic abuse among the parties. The actions and concessions of a party during mediation cannot be used against them in court pursuant to the rules of evidence.
Going through a divorce can be one of the toughest times in your life. You need a lawyer who understands what you're going through and who can help you look at the practicalities as well as the legalities you need to deal with. You need a lawyer who can be aggressive and fight for what you are entitled to, but who will also be honest with you about what is reasonable in the eyes of the law.
The complexity of the issues and ability of the individuals to be flexible as they negotiate a fair agreement determines the length of the mediation. Every case is different, but the average case usually takes at least three to four two-hour mediation sessions, spread out over at least a month or two. More complex cases can take four to six months to complete.
2. Take with you all of the household goods and furnishings, and other items of personal property which you want to have, and inventory what you take. Although it is not a law, the old adage “possession is nine tenths of the law” is very applicable here. The reason boils down to the fact that litigating personal property issues is usually prohibitively expensive, because it normally costs more to litigate than the stuff is worth. So if you ever want to see it again, it is much simpler and easier to take it with you when you leave. [Caveat: don’t get too greedy. If you empty the place out and leave the spouse and children to sleep and eat on a bare concrete floor, you will not look good].
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.
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
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.
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.
Greene says, “Mediation averages between $4,000 and $10,000,” but litigation lawyers (at least in New York City), start with a $25,000 retainer. “Most people will end up somewhere $20,000 and $200,000, but there certainly are those $300,000 divorces as well. I like to joke that divorce is one area of life in which having money is a disadvantage, because you may find [an attorney] who’s going to fan the flames and give you false hope about how you’re going find the kindly judge that is the father you never had who will see that you’re right, and that your ex is completely wrong. That’s a fantasy that is still held by many people.”
Finally, the parties in mediation are often surprised to hear their mediator suggest that they consider retaining consulting attorneys. The thought is that they chose to mediate to avoid fighting their case out with attorneys and they don’t want that extraordinary expense. However, the role of a consulting attorney in mediation is very different than the role of a litigation advocate and is a very helpful assistance when mediating.
If you and your ex-spouse agree to change custody of the children, you should make a motion to the court to change custody and support orders. Otherwise, you are still responsible for paying support to the other parent, even if you actually have custody of the children. Custody is sometimes changed if the custodial parent allows the children to live with the non-custodial parent for a much longer time than was ordered for parenting time.
There are alternative dispute resolution (ADR) methods other than mediation. Arbitration is an ADR where both sides agree that the neutral third person will decide the dispute. In arbitration, both parties can agree whether or not the arbitration decision will be enforced by the court. Arbitration might be used when you can't agree about the value of something and you're willing to let someone else, other than a judge, decide.
You do not want to put your divorce in the hands of a mediator, mediate an agreement, only to find that the Court will not accept it. Instead, you want to be able to craft your own agreement which meets, as much as possible, your needs and the needs of your spouse while also keeping the Court’s requirements in mind. This ability gives control back to you rather than investing it in an overworked court system.
The Brown Law Offices, P.A., is a northwest Twin Cities divorce and family law firm. Our award-winning attorneys have represented thousands of clients since 1998. Key practice areas include divorce, custody, child support, paternity, prenuptial agreements and step-parent adoption. Our lawyers handle cases throughout Minnesota, serving primarily Hennepin, Anoka, Sherburne and Wright County. We offer a free consultation to all potential clients.
Grounds which the courts in the past have recognized as valid reasons to permit out-of-state relocation are: a better job opportunity in the other state;  and joining a fiancé who resides in another state.  These reasons do not guarantee that permission will be granted, but they have been recognized as legitimate grounds for seeking such permission.
If your spouse tries to conceal assets, it will not benefit them. Courts do not look favorably on dishonesty. Further, divorce attorneys can use a variety of tactics to uncover assets and income, such as formal or informal discovery requests, subpoenas, contempt motions, etc. Finally, even if you find out that your spouse concealed property after the divorce is final, the Court has the discretion to reopen the proceeding and distribute or redistribute property accordingly.
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.”  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.  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.
Case in point: I had a client once who — contrary to my advice — chose to engage in settlement negotiations for several months prior to commencement and filing of the divorce, rather than filing first and then working on settlement. The pre-filing settlement negotiations did not bear fruit, and because of the delay, the valuation date did not occur until much later than it otherwise would have, with the result that a $180,000 dividend payment received by my client was treated as martial property, when it otherwise would not have been.
If you have been ordered to pay child support and your situation has changed so that you cannot pay the amount of support ordered, it is important to contact the county child support officer right away. You can bring a motion to ask the court to lower your child support. If you do not bring a motion, there is little chance the court will forgive back support, even if you were unable to pay. For more information about child support, see our booklet Child Support Basics.
Divorce mediation is an alternative to court litigation for resolving disputes that arise as two people separate their lives. A neutral third party called a “mediator” helps the couple to work through the issues of their divorce and reach a mutually agreeable settlement. Please note that mediation may not be safe or appropriate for individuals with a history or fear of domestic violence.
The court may award either party alimony if the party seeking alimony (1) lacks sufficient property to meet his or her own needs, and (2) is unable to be self-supporting through employment, or is not required to seek employment due to being a child custodian. In the absence of an agreement by the parties, Minnesota alimony law provides that the amount and duration of alimony will be determined by the judge, after considering the following factors:
Divorce mediation is about you and your soon to be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, your children. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible. The issues covered include but at not limited to the following:
Each spouse has the right to sell, give away, or dispose of any property the couple owns. For example, either person can withdraw money from a joint bank account. Either can charge on a joint credit card. There are some exceptions to this general rule. Neither spouse has the right to cash checks made out to the other spouse. Neither spouse can withdraw money from a bank account if it is in the name of the other spouse only. Neither spouse can sell a motor vehicle that is in the name of the other spouse. Neither can sell real estate that is in both names or in the name of one spouse.