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.
Historically, courts would only grant a divorce if one spouse could prove the other's wrongdoing - for example, by presenting evidence of adultery, abuse or failure to support. Fortunately, those times are long past. Minnesota is now a no-fault state, which means you don't have to prove fault-based grounds to get a divorce. It's enough to assert that irreconcilable differences caused the marriage to break down.
Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you in a way that helps you to work together as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced. Mediation brings about communication between the couple, which can then be used when they must discuss issues in pertaining to the children. Lack of communication may have been one of the main reasons for their divorce. Mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and make their post-divorce relationship better than their married one.
The reasons for divorce in Minnesota include general and no-fault reasons. Proper grounds for the divorce must be given. No-fault reasons for the divorce include an irreparable breakdown of the marriage for reasons including living separately for 6 months or serious conflict between the couple. General reasons include only one reason, which is the irrevocable disrepair of the marriage with no chance of repair.
It depends on how bad it is. Half of the divorce cases out there involve one or the other party being on anti-depressant medications, so that in and of itself won’t matter much. It really depends on how severe the mental illness is, and how it affects your parenting. If the mental illness negatively affects your parenting, or poses a danger of harm to the children, that will obviously be more relevant. And unless your mental health records are already sufficient for a custody evaluator to assess your mental health, you can expect that a custody evaluation will include a psychological evaluation as well.
It should come as no surprise that it is difficult for parties to a divorce or other family law dispute to reach agreements on important issues on their own. However, oftentimes, disputes related to divorce and other family law matters can be resolved with the assistance of a neutral third party through mediation. The job of the Minnesota divorce mediators at Bloch & Whitehouse, P.A., is to facilitate communication between parties to promote an agreement.
Minnesota courts require couples seeking a divorce (and without a history of domestic violence) to use a mediation service prior to finalizing the divorce. Mediators are conflict resolution experts, often with legal training, who attempt to help couples come to an agreement on ongoing issues. Mediation is not legally binding, but it may help shorten the divorce process or make it unnecessary. On average, mediation is 20-50 percent cheaper than a traditional divorce.
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.
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,...
The court will order a reasonable amount of child support to be paid by the non-custodial parent. Minnesota law has guidelines that say how much support should be paid. The court can also order either parent to pay medical insurance premiums or expenses and to pay part of child care costs. The court considers the parent's income or ability to earn income and the number of children supported.
Infidelity can also be tough, though not impossible, to work through: In one case of Green’s, the husband had been unfaithful and in a rather public way—he was active on social media, on Tinder, and he had an alternative Facebook profile, “so he had not only cheated on her, but there was a public aspect to it, so she felt very angry, and she also felt humiliated.”
Being open to compromise means that you aren't attached to one particular solution—you can't just put your idea on the table and expect your spouse to accept it. A compromise that works is one that takes both of your interests into account. Consider the possibility that your spouse might have valid ideas as well, and take the time to think them through instead of rejecting them out of hand.
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.