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.
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
When you have a choice, it is cheaper to cooperate with informal and limited discovery. In cases where the other party is not cooperative or not trustworthy, more formal discovery may be a necessity. Some of the formal discovery demands you receive will be objectionable. In most cases, however, it is much cheaper for you to just get the information and documents, than to pay your lawyer to argue with the other side about it. Also, don’t trickle it in piecemeal to your attorney if at all possible. Get it all together into one package, as complete and as organized as possible.
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.
But there's another way. Increasingly couples are turning to divorce mediation as a realistic and healthier alternative. A couple meets with a mediator to hammer out an agreement covering all the terms of their divorce, including finances and child custody. This usually takes six to 10 sessions and costs roughly $5,000. As a litigator and mediator I prefer to mediate, if appropriate. It's faster, cheaper and, most importantly, less acrimonious, which is less damaging, not just for a couple, but also their children.
(1) it contains a provision stating that it is binding and a provision stating substantially that the parties were advised in writing that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights; or
This is a common fear which is rooted in the adversarial legal system. The reality is that many parents who are mediating their divorce separate before the divorce is final, some even purchase a second home. Living together after a decision has been made to divorce is extremely difficult. Separation provides many people the distance they need to more successfully manage the challenges and difficulties of divorce. During mediation you have many opportunities to be creative and solve problems in a cooperative and mutually beneficial manner.
In order to get a divorce in Minnesota, state law requires at least one of the parties to have lived within the state for at least 180 days (with some exceptions), but there is no waiting period after the divorce case has been resolved. However, non-resident parties may get divorced in Minnesota if the civil marriage was performed in the state and their current state of residence does not recognize the marriage because of sexual orientation.
Police can’t arrest one spouse for visiting the family home unless there’s a restraining order prohibiting that spouse from coming back, or an order granting one spouse exclusive possession. These types of court orders are usually the result of a domestic abuse petition. If you’re the victim of domestic violence, contact your local police department for help.
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.
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.
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.
A trickier question is whether you may record the other parent's conversations with the children. Under the doctrine of "vicarious consent," as long as a parent or guardian has "a good faith, objectively reasonable belief that the interception of telephone conversations is necessary for the best interests of the children," then he may consent to the interception (i.e. listening in or recording the call) on behalf of the children.  However, this can be risky, because if there is any dispute about whether your vicarious consent was in good faith or objectively reasonable, you may still end up having to defend against possible criminal charges or a civil lawsuit. The Wagner case I have cited, for example, was a civil lawsuit by a one parent against the other parent who had recorded telephone calls between the children and herself. The Court allowed that lawsuit to proceed because there was a genuine issue of material fact as to the motivations of the parent who had made the recordings. I don't recommend recording any such phone calls without first consulting a lawyer.
If you or your children have been hurt or threatened by your spouse, the court cannot make you mediate. In this circumstance, the court knows that mediation wouldn't be safe or fair. For example, you might just "agree" because you're afraid of what would happen to you or your children if you didn't. Make sure to tell your lawyer, the court or the mediator, if you have been hurt or threatened by your spouse.
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.
While most parties find mediation to be an excellent alternative to the traditional litigation approach to divorce, it may not work for everyone. It is not as effective when one party is unable to express opinions fully and without fear, or when the parties refuse to compromise or mediate in good faith. Additionally, some legal commentators are concerned that mediators may be unable to handle the complex financial arrangements involved in some divorce agreements.
In mediation, the couple, with the help of the mediator, works out agreements on the above issues. Sometimes agreements come easy, sometimes they take time and a lot of work. When agreements are hard to reach, that is when the mediator intervenes. It is the mediators job to keep the lines of communication open, brainstorm ideas, reality test the couple, teach empathy and assist the couple in their decision making process. Mediators help keep the couple focused on the issues at hand, trying not to get them off track. When divorcing couples get off track and away from the above issues during mediation, arguing, name-calling and bad prior memories are brought up.
The court may also require that medical insurance for an ex-spouse continues. For example, group medical insurance rates may not be available to one spouse or may not cover as many medical costs as the insurance available through the other spouse's employer. The court may order that the insurance through one spouse's employer continue. Either party may be ordered to pay the cost. This kind of insurance coverage is part of spousal maintenance.
It is understandable that when people reach agreements together based upon what they think is right and fair, their agreements are much more sustainable going forward than court orders that tell the parties what they must do or not do, pay or give to the other party. In fact, a great advantage of mediating your divorce settlement is that you will make all the decisions together about what is best for you both and for your children as you go forward.
Joseph Cordell, licensed in MO and IL only. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Kimberly Lewellen licensed in CA only. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. Jerrad Ahrens licensed in NE and IA only. Lisa Karges, Florida Resident Partner - Tampa, FL. Giana Messore licensed in AR only – Little Rock, AR. Phyllis MacCutcheon licensed in CT and NM only. Office in Ridgeland, MS.
Applying that rule, however, is far from straightforward. Courts must weigh a wide range of considerations. Generally speaking, children do best when they have ongoing contact with both parents. Yet that doesn't necessarily mean a 50-50 time-sharing arrangement. Instead, it depends on what works best for your family - and what will best serve the needs of the children.
After service, the receiving spouse must file an answer. If the spouses agree on the conditions of their divorce, they may file a Stipulate Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree, which will put them on a proverbial fast track to ending their marriage. However, if the receiving spouse disagrees with the petitioning spouse, then he or she may serve the petitioning spouse an answer that explains why he or she disagrees.
The court decides both legal and physical custody. Legal custody is the right to make the major decisions about the children. These include the children's religious upbringing, schooling, and medical care. Physical custody means where the children live and which parent makes the routine daily decisions. Physical custody is what most people think of when speaking about custody.