Once a decision to start a divorce action is made, one party will serve two documents, one titled "summons" the other titled "petition". The person starting the action is referred to as the petitioner; the other party will thereafter be referred to as the respondent. Occasionally, however, in very amicable divorces the parties may agree to act as "co-petitioners." A petition most typically is served by having a person other than the petitioner hand a copy of the petition to the respondent. It occasionally can also be served by mail subject to certain requirements. Many times, arrangements can be made ahead of time so that your spouse is aware of the time and location he or she will be served with a summons and petition, although unfortunately sometimes service comes as a complete surprise.
If alternative dispute resolution is not able or available to resolve temporary issues, many counties will allow formal hearings to decide temporary issues, including who will have temporary possession of the homestead during the proceeding, who will pay the mortgage, taxes, insurance and utilities on the homestead, what type of temporary custody/parenting arrangement is in the children's best interest, what amount of temporary “child support” is appropriate, what amount of temporary “spousal maintenance”, if any, is appropriate, who should pay other debt on a temporary basis, and whether there should be an award of temporary attorney fees. These requests are traditionally based upon written “motions” which is a written request for relief, with the “testimony” reflecting your position being summarized in a sworn, written affidavit. Sometimes you will also submit affidavits from other people in support of your position. The attorneys will then argue your position before a judge, who thereafter will issue a written order deciding the temporary issues.
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.
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.
4. Use just one (1) attorney. Many people hire law firms to represent them, and end up in situations where more than one attorney is working on their case. This is inefficient, because each attorney involved needs to be independently educated about the case, and no attorney is as well informed as he would be if he were the only attorney on the case. I’ve seen billing statements from other firms with numerous charges for a “strategy conference” between attorneys in the same firm. I’ve seen billings for two attorneys from the same firm attending the same deposition. Obviously these duplicative charges don’t happen when you use a single attorney for your case.
1. If custody or parenting time is in issue, don’t move out without first getting an enforceable written stipulation addressing custody and parenting time after the move-out. The key is to have in place at least an interim parenting time schedule which affords you at least as much parenting time as you hope to obtain through the court. Otherwise, the longer you acquiesce to a pattern of parenting time that is less than you desire, the more of an argument the other party will make of it against you. Often arguments like the following are heard:
All in all, when a couple is committed to making divorce mediation work, the likelihood of success is high. No matter how you currently feel about your spouse remember how you once felt, and try to end your marriage on the most positive note humanly possible rather than with bitterness and acrimony. Mediation can help you achieve this goal by offering a safe place to discuss your disputes as well as gentle guidance to help you solve those disputes.
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.
The length of mediation depends on what issues have been agreed to prior to mediation and those issues that need to be addressed during mediation. Also, the amount of time spent in mediation is contingent upon you and your spouse's willingness to come to agreements that are equitable for the both of you and your willingness to do what is in the best interests of your children. The time spent in mediation can be reduced if you and your spouse are able to come to agreements prior to mediation, or at the least, narrow down your options to a few workable ones. However, if you and your spouse are not able to discuss your divorce outside of mediation, it is strongly recommended that you avoid it at all costs. When couples try to work out issues on their own and it leads to arguments and "drawing lines in the sand", it makes mediation more difficult and time consuming.
Most mediators will emphasize the problem-solving aspect of negotiation at this stage. The problem to be solved is finding settlement options that address each spouse’s most important interests as fully as possible. With this focus, you’ll be able to negotiate by trading off acceptable options instead of getting locked into zero-sum bargaining, where one spouse’s gain is the other spouse’s loss.
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.
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.
Although there are many types of mediation, the mediator’s role in general is to remain neutral; she cannot give advice to either party, nor can she act as either party’s attorney. However, the mediator can and does allow the parties to exchange information and encourage a level of trust in the other party and in the process so that parties can best find a solution that suits both parties.
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.
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 firstname.lastname@example.org. Jeff looks forward to hearing from you soon.
I want to get divorced, but my spouse doesn’t. Can my spouse prevent us from getting divorced? No. Your spouse can, however, refuse to work together on the terms of the divorce. If that happens, you would have to file for divorce and have your spouse served. Unfortunately, this would mean a contested divorce process, which is long and expensive and tends to generate new animosity between you. Faced with that prospect, many spouses eventually cooperate to develop a separation agreement and file an uncontested 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.
There are several key advantages to mediation of divorce and other family law related disputes. First, you know what is best for you and your family. You live your life. You understand your financial circumstances. You know your children. You are best equipped to make decisions about your future. If you place your dispute in the hands of the court, a judge who knows very little about the details of your life will make decisions for you and, in most cases, you will have no choice but to live with that decision.
Many times in life each of us come to a crossroads or encounter an issue in which we need to get legal advice on how best to proceed forward. At such times it is important to obtain guidance from someone who can act like a beacon in a possible sea of doubt or confusion. Mooney Law Office is committed to providing you with top notch legal representation. Mooney Law Office has represented hundreds of clients over the years in the ten county metropolitan area as well as out-state Minnesota. Every client is approached with a focus on integrity, advocacy and understanding....
2. In divorces, there is inevitably a process of “discovery,” where each party requests information and documents from the other party. Sometimes this is informal and limited. Other times it is formal, comprehensive, and terribly time-consuming for the parties themselves (to gather the information), and for their lawyers (who must review the responses and put them together in proper legal form). Because most attorneys are sloppy and lazy with formal discovery, they request much more than is really necessary to settle a case, just to cover their butts and to avoid the work of tailoring the discovery demands to each particular case, or just to make the process more onerous for the other party.
The only way to force a spouse out of the house where he or she resides is to get a Court Order. If you or your child has been the victim of domestic abuse by your spouse, you can get an Order for Protection immediately, which will bar your spouse from the house. Otherwise, absent an agreement, the soonest you’ll get an order for exclusive occupancy of the home would be with the issuance of an Order for Temporary Relief, which usually takes anywhere from about one to five months to obtain, depending on the county, the judge, and the speed of your attorney.
I am a Rochester native with over 30 years of experience practicing family law in the Olmsted County and Southeast Minnesota area. I was admitted to practice in 1980. In addition to representing clients in all of the counties in Minnesota’s Third Judicial District, I have represented clients in Goodhue, Blue Earth, and Faribault counties located in the First and Fifth Judicial Districts. I am a graduate of St. Olaf College and Hamline University School of Law. I have taken particular interest in advocating for the best interest of children. I am a volunteer Guardian...
Courts may take title into account when determining whether a particular asset has maintained a non-marital component. For example, if one spouse amassed sizable savings before marriage and kept it all in a separate, individual account held in his or her name only, the separate title on the account may prove that spouse intended to preserve the non-marital nature of the savings.
Minneapolis family law attorney Geri Napuck delievers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.
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Even if you don’t qualify for the summary dissolution, you may be able to proceed with an uncontested dissolution, where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the procedure by preparing and filing a Petition for Dissolution of Marriage, along with various supporting documents. For an uncontested dissolution, one of these documents you would be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Dissolution of Marriage.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Seeing headlines like these, who doesn't think that hiring a $1,000-an-hour divorce attorney is the best way to get what you deserve? But in reality, divorce isn't a winner-take-all sport. In community property states (like California) courts have to split marital property down the middle. In states that don't have community property laws (like New York) they split assets equitably.
In equal numbers, prospective clients come to me either excited about a perceived ace-in-the-hole because of the other spouse’s adultery, or worried about his or her own adultery. Neither attitude is warranted. The Courts couldn’t care less about anyone’s adultery in and of itself, or the immorality of it. Half the divorces they see involve adultery. In fact, there’s a very real danger that pressing this issue will backfire, making the accuser appear obsessive and jealous.
When a couple has made the decision to enter into divorce mediation, there are preparations which can be made which will ensure the mediation is more beneficial to both parties. Having an experienced divorce attorney in your corner is important before you attend mediation. Because a mediator is unable to give legal advice to either party, your legal questions can then be answered by your attorney. Before attending mediation, it is a good idea to make sure you are organized. This means having all documents pertaining to the issues you will be discussed together in a cohesive manner and bringing those documents to mediation.
If one of the parties is awarded ownership of the home or other real estate, the Judgment and Decree will describe exactly how the transfer is to happen. Many times, the Judgment and Decree orders the other party to sign a Quit Claim Deed. A Quit Claim Deed transfers his or her rights in the real estate to the party who was given the property. The Quit Claim Deed and the Judgment and Decree are filed with the County Recorder or Registrar of Titles. If the property is registered (called Torrens) property, the owner's duplicate certificate of title is needed. The Quit Claim Deed and the Judgment and Decree are then "memorialized" by the Registrar of Titles and a new title issued. If the Quit Claim Deed is not signed and provided, you should check with an attorney and/or the County Recorder or Registrar of Titles to find out what to do.
It can be difficult for a client to know whether his or her lawyer is performing well or not. Sometimes even the best of lawyers does not achieve the desired result, and it may be due to a difficult set of facts, a bad judge and/or custody evaluator or guardian ad litem, or unrealistic expectations. There are some clear indications of bad lawyering, however, which are objectively obvious:
Welcome to Dworsky Mediation! Shosh Dworsky offers mediation to clients from diverse backgrounds and walks of life, of any and all faiths or of no faith at all. She works with couples (including same-sex), family members, professional associates or friends, and can serve as a parenting consultant or expediter. Shosh provides a safe, neutral spa ... more
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.
Any information disseminated on this website does not constitute legal advice of any kind,and does not form the basis for an attorney-client relationship. As such, the reader of such information is advised to consult directly with a competent legal professional of their own choosing to discuss and answer any substantive legal questions they may have.
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