Jeff has been a lawyer for 34 years, practicing family law exclusively for 28 years. For the first six years of his career he was a staff attorney at the Minnesota Court of Appeals. He has handled hundreds of cases and has the experience dealing with substantial marital estates in the millions and has tried and litigated many cases, including lengthy custody matters. He is also a trained mediator and ADR neutral on the Minnesota State Roster and is a FENE and SENE neutral in Ramsey County, Anoka County, Washington County, Scott County, Carver County, Pine County, Chisago County, Isanti...
The other party is often awarded a lien or a mortgage for a share of what the property is worth. A lien is a claim on the property. The party awarded the real estate owes the other party the amount of the lien or mortgage. The Judgment and Decree usually sets a date by which the payment must be paid. If the lien is not paid when due, the party owed the money can ask the court to order the other to pay the lien, or to change division of the property in the Judgment and Decree. In the case of a mortgage, the holder of the mortgage could foreclose.
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.
The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.
The parties may expressly preclude or limit later modification of maintenance through a stipulation, if the court makes specific findings that the stipulation is fair and equitable, is supported by consideration described in the court's findings, and that full disclosure of each party's financial circumstances has occurred. The stipulation must be made a part of the judgment and decree.
In order for the mediation to be successful, you, your spouse, and the mediator all need to be as fully informed as possible about the facts of your case. This is the information gathering stage. Sometimes it begins during the first session; sometimes it starts after that session. If information that you and the mediator need is unavailable or in dispute, the mediator will try to help you find ways to get it or to determine what is correct. For example, you might need the policy number and other details of a life insurance policy. If you can’t locate your copy of the policy, the mediator might suggest ways to get this information, such as contacting the broker who sold you the policy or writing to the insurance company.
The maintenance order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including: (a) the financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party's ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (b) training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party's age and skills, of completing education or training and becoming fully or partially self-supporting; (c) the standard of living established during the marriage; (d) the duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished; (e) the loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance; (f) the age, and the physical and emotional condition of the spouse seeking maintenance; (g) the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and (h) the contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party's employment or business. (Minnesota Statutes - Chapters: 518.551, 518.552)
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:
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.
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.
If the parties cannot agree on custody, the court will usually order county, court or social services or a guardian ad litem to investigate the ability of each parent to care for and raise the children. The social worker, court services worker or guardian ad litem will usually interview each parent. They will contact friends and family, teachers, counselors, doctors, and other professionals who have seen the family. The investigator then writes a report to the court and makes a recommendation about custody. Your attorney may be given a copy of the report. The parties are usually required to pay the costs of a custody investigation based on their ability to pay. The court does not have to accept the recommendation of the investigator, but considers it very seriously.
Did you know that there are other ways to dissolve a marriage then to file a traditional divorce? When parties are willing to come to the table to cooperate together, mediation may be a great option. During a divorce mediation a neutral third party serves as a mediator and can help parties decide the terms of their divorce. A Brainerd divorce mediation lawyer will be able to assist you through this process and potentially allow for a more amicable dissolution.
Many people think that when a couple wants to live apart they have to get a "legal separation." This is not true. Often couples live apart for awhile before they decide to get a divorce. This is not "illegal." Legal separations are for people who do not want a divorce (usually for religious reasons). They still need a legal paper to settle custody, support, and property questions. The court makes the same kinds of decisions that it makes in a divorce. However, the couple remains married, and the division of property is not final.