The number of times you go to court and see a Judge or Referee depends on local court procedures and whether you and your spouse can agree on issues regarding your children, property and other matters. If you do NOT agree, the case usually takes longer to finish. It is a good idea to get legal advice before finalizing an agreement with your spouse.
All that being said, be aware that contesting the divorce will add to the duration and expense of the case. Contesting the divorce itself can buy you some time during which to pursue reconciliation, and can be the leverage to obtain your spouse’s agreement to therapy or other reconciliation efforts, but at the end of the day, a persistent party will be able to obtain the divorce.
Born and raised in Southeastern Minnesota, Karl has years of experience in general practice. He advises clients on a wide range of legal subjects including commercial and criminal law with special emphasis on family and bankruptcy law. His experience includes a focus on consumer bankruptcy proceedings for businesses and individuals wishing to alleviate the burden of unmanageable debt, as well as non-bankruptcy debt workouts. He has represented numerous individuals and business concerns guiding them from commencement of their bankruptcy case to their discharge, and other post-discharge issues. Karl also has focuses much of his practice on family law, including marital dissolutions, paternity,...
In all of the states we practice in, both equitable distribution states and community property states, the parties are encouraged to actively participate in, and come to agreement on, the fair division of their marital assets and liabilities. But unless you and your spouse are experts in the financial matters pertaining to divorce, this can be a dangerous path to walk.
“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.”
Divorce in Minnesota is called dissolution of marriage. A dissolution for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise. If there are minor children, the issues of child custody, visitation, and support will need to be resolved.
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With collaborative law, you and your spouse each hire specially-trained collaborative attorneys who advise and assist you in resolving your divorce-related issues and reaching a settlement agreement. You will meet separately with your own attorney and then the four of you meet together on a regular basis, in "four-way" meetings. A collaborative divorce usually involves other professionals, such as child custody specialists or neutral accountants, who are committed to helping you and your spouse settle your case without litigation. Ordinarily, both spouses and their attorneys sign a "no court" agreement that requires the attorneys to withdraw from the case if a settlement is not reached and the case goes to court.
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 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.
That said, although the legal impact of the physical custody label is debatable, if you are the primary parent, it is still preferable to have sole physical custody than joint physical custody. Conversely, if you are not the primary parent, it is still preferable to have the joint physical custody label than not to have it. This is because of the uncertainty over how a future court, evaluator, parenting consultant, guardian ad litem or others might interpret that label.
If you are proceeding without an attorney, you are well-served to use an experienced mediator with extensive legal background able to address all of the issues surrounding your specific case; if you have a land dispute, you want to have a mediator capable of understanding your concerns and the law as well. If you have a divorce or custody case, you want a mediator with extensive experience litigating these issues.
Minnesota Divorce and Family Mediation offers skilled guidance on all the important issues surrounding your divorce. The mediation process consists of guided sessions to determine how assets will be divided, discuss budgets and future financial needs, calculate child support and spousal maintenance (when necessary), and develop a parenting plan. Through mediation, couples maintain control over the important life decisions that need to be made during a divorce, while at the same time developing a new foundation for their future relationship with each other. By choosing this gentler approach to divorce, couples are more likely to be able to positively work together in the future; they are less likely to return to court for post-decree issues; and they are more fully prepared to move forward for a better tomorrow.
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.
Please note that we cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of LegalZoom's service. In some cases, a government backlog can lead to long delays before your process is complete. Similarly, LegalZoom does not guarantee the results or outcomes of the services rendered by our legal plan attorneys or attorney-assisted products. Problems like these are beyond our control and are not covered by this guarantee.
Minnesota law allows a parent, legal, guardian, teacher, or other caretaker of a child or student to use "reasonable force" to "restrain or correct the child."  That said, in the context of a pending divorce or child custody case, it is inadvisable to use any kind of corporal punishment at all. Many of the guardian ad litems, custody evaluators, psychologists, and others involved in the family court system have strong feelings against the use of any kind of corporal punishment or physical correction of a child at all; and a parent's use of corporal punishment might become a reason why one of these professionals makes custody, parenting time, or other recommendations that are contrary to your wishes. Also, the use of any physical force at all can be exaggerated by the other parent, who may do so in order to gain an advantage in a custody and parenting time contest, even to the point of bringing a petition for an order for protection against you on behalf of the child. It is far safer, therefore, to use alternative disciplinary techniques, such as time-outs, verbal reprimands, withholding of privileges, etc.
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.
As a family law attorney, my primary focus is to support clients through the legal process so they may transition into the next chapter of their lives. Prior to representing clients, I worked as judicial law clerk in Hennepin County Family Court. Working side-by-side with judges, I gained an immense understanding of family court procedure, and how judges decide cases. I translate that experience to my practice every day, assisting clients in making the best decisions for their families. I have experience representing clients in all aspects of family law cases, including divorce proceeding, child custody and support matters,...
If you are represented by an attorney, the question will arise whether your attorney should attend the divorce mediation with you. This is something you'll work out with the mediator, your attorney, your spouse, and your spouse's attorney. Very often, family law mediation sessions involve just the divorcing spouses and the mediator. This keeps costs down and ensures that you and your spouse do the talking and make the decisions (lawyers have a tendency to take over when they are present).
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...
When a problem must be settled before trial and the parties cannot agree, one of the parties may request a motion hearing before the court. Motions may be used to ask the court to make the other party turn over evidence or to enforce the decisions made by the court in earlier orders. Sometimes the temporary relief order must be changed when there has been a change in the facts or an important problem was overlooked at the first hearing.
I’ve heard of cases in which one spouse is so eager for custody of the children that they will relieve the other spouse of any duty to pay child support—which is not in their or the children’s best interests. Green says, “This is explicitly contrary to New York legislative policy—the kids shouldn’t be bargained for the money. The two things are determined separately by the court, so there’s no reason to take less than you’re entitled to under the formula.”
If there are children of the marriage, each spouse has the right to decide where the children live or go to school, whether they should see a doctor, and can make other arrangements that need to be made. These decisions are left to the parents, as long as the children are not being hurt. If the children are being hurt, other people might become involved —doctors or nurses, school personnel, community workers or the police. If you do not want your spouse to take or visit the children because you are afraid the children will not be returned or will be harmed, you do not have to let the children go. However, if there is not a threat that your spouse will kidnap the children, you should think about the children's best interests and whether it would be good for them to see their other parent. If you are concerned about your spouse's visits, consider getting a custody order. If there are children who were born before the marriage and there has been no adoption or custody order, the mother has sole custody in Minnesota until there is a court order to the contrary.