The content of this website is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. To establish an attorney-client relationship with Williams Divorce & Family Law requires a retainer agreement signed by you and attorney Gerald O. Williams. Woodbury/St. Paul, Minnesota, attorney, Gerald O. Williams, represents clients in divorce and family law matters throughout the seven county metro area, including the communities of St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater. The seven county metro area includes Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.
If child support was ordered but is not being paid, steps to enforce the order can be taken by the custodial parent or the county human services department. If the children are receiving public assistance, the county can also ask the court for a separate order requiring the other parent to pay back the assistance that has been received by the custodial parent for the past two years. The county can also ask the court for an order requiring you to pay back Medical Assistance and some other benefits the children received. The court can order payment whether or not the Judgment and Decree included a child support order.
1st meeting: The couple and the mediator identify the issues needed to be discussed and the order in which they will be discussed, then decide what information needs to be gathered and shared. Between the first and later sessions the couple gathers all relevant financial data, or if necessary, the opinions of experts such as appraisers or accountants, with this material treated with the same care and concern as would be the case in the adversarial process.
Having said that, children naturally wonder and ask questions to resolve their own anxiety at a time when their parents have split up, and their family unit and daily routines have dramatically changed. Simply proceed with sensitivity, and be careful not to place the children in the middle of any disputes. Say nothing that would burden them with any guilt, or put them in the position of having to take sides.
Here you will find an overview of Minnesota divorce laws. From the time the Petitioner (or Co-Petitioner) files the Petition for Dissolution of Marriage, until the time the Decree of Dissolution of Marriage is signed by the Judge of the County Court or District Court, Minnesota has certain procedures that need to be followed. These procedures are all in accordance with Minnesota laws, encompassing maintenance, child custody and visitation, child support, and equitable distribution.
Joe Dillon, MBA is a professional divorce mediator and founder of Equitable Mediation Services. Joe is passionate about helping couples avoid the destruction of attorney-driven litigation and knows first-hand that the right information, combined with the right expertise and the right kind of support can make the challenging process of divorce less expensive, less time-consuming and less stressful for divorcing couples and their families.
Like attorneys, most mediators charge by the hour. The average total cost of divorce mediation (with me) is approximately $2,000. In addition to the mediator’s fees you will need to pay a filing fee to your county of approximately $400 and if you choose to hire a professional for legal drafting, you should also expect an additional $1,250-1,500. On average, my clients incur a total combined cost of approximately $4,000.
Couples who are headed for a trial date may be ordered by the court to go through mediation before that date is set, however, mediation can also be voluntary. If the couples are unable to resolve their issues through mediation, they are free to pursue any other remedies they choose. Mediation is generally better for the children involved, as it allows the couple to make decisions which are in the best interests of the entire family in a non-contentious manner. Children can be damaged by hearing their parents argue and say things to one another that children should not hear. Many parents who end up litigating their divorce are not hesitant to say ugly things about the other parent in front of the children. Parents who make a conscious decision to mediate their divorce, are also more likely to be aware of ensuring the children are not privy to contentious behavior between the parents.
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:
Divorce can be a difficult and stressful process, even in amicable situations. Navigating the maze of legal issues is confusing for many separating couples. To make matters more complicated, there few hard-and-fast rules and rarely any black-or-white answers. Instead, the outcome of important matters such as property division, alimony and child custody hinges on the unique circumstances of your family.
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.
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.
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.
The mediator will also ask you and your spouse to bring in financial documents such as tax returns and bank and mortgage statements. As you progress, the mediator will summarize the information being assembled. If you agree that additional research is needed or a neutral expert is to be consulted, that will go on a “to do” list. This second stage of the mediation can span two or more sessions, especially if you need to do outside work to obtain additional information or appraisals. If you feel that you already know enough about your situation and have definite ideas on how to work out a settlement, you may find yourself impatient with this stage and anxious to move ahead with the negotiations. Even though you may want to rush on, the mediator’s job is to make sure that both you and your spouse have all the facts and information you need to negotiate an agreement that is legally binding and that you won’t regret having signed.
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.
If the parties can not come to an agreement on how their marital property is to be divided, the court shall base its findings on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party. The court shall also consider the contribution of each 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.
Divorce mediation is about you and your soon to be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, your children. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible. The issues covered include but at not limited to the following:
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.
The court may restrict parenting time if the parent seeking parenting time may harm or kidnap the children. The court can do this by limiting the hours of parenting time or limiting the place where parenting time can take place. The court can require that he or she only visit when another person is present (supervised parenting time). In very rare cases, parenting time may be denied altogether.
If the case does settle, the mediator will urge the parties to sign a settlement to memorialize the agreement. A written settlement agreement is a contract between the parties, which is generally enforceable in the same manner as any other written contract. Generally, there's no record of the mediation session, and the only document produced is the settlement (or mediation) agreement.
In order to make custody determinations the court evaluates the best interests of the children using 13 key factors which are defined in MN 518.17.In addition to being financially expensive, formal custody evaluations are also often highly adversarial and emotionally damaging for all involved, especially the children. In the end, a “victory” is often bittersweet and both parents will have some amount of court ordered parenting time. Rather than seek to prove that one parent is better than the other, it is critical to recognize that both parents are important in different ways – each providing that which can only be given by a mother or a father. You are the experts about your life and your children. You are the best qualified to make decisions about how to restructure your family and parenting time after divorce. As your mediator, I help you evaluate and discuss parenting time options and make child-focused decisions about how each of you will remain significantly involved with your children.
Jay has been a licensed attorney since 1980. He began his career as a public defender before transitioning into insurance defense work where he gained valuable experience and knowledge of the insurance industry and insurance practices. After founding Tentinger Law Firm in 1997, Jay practiced in family law as well as continuing his insurance defense work. Today, Jay focuses his time to working with small businesses and their litigation needs. Jay is a member of the Minnesota, Iowa, and Nebraska State Bar Associations and a no-fault arbitrator for the American Arbitration Association. He is admitted to practice before the...