NOTE: There are many ways to divide real estate in a divorce. The court forms for marriage dissolution (divorce) only give you 1 option -- one spouse gets 100% of the house, cabin, or other real estate, and the other spouse gets a lien. But, you can change the court forms. An attorney can explain other options, advise you about the law, and draft terms to meet your situation. If your divorce involves real estate, you should get advice from a lawyer on your legal rights and options.
No dissolution shall be granted unless (1) One of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or (2) One of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding. (Minnesota Statutes - Chapters: 518.07, 518.09)
Thomas Tuft, a native of the East Side of Saint Paul, is a shareholder at Tuft, Lach, Jerabek & O'Connell, PLLC practicing in all areas of family law, including complex divorce, child support, paternity, and child custody. He is a Rule 114 Qualified Neutral, a Social Early Neutral Evaluator (SENE) and a Financial Early Neutral Evaluator (FENE). He has been named among the list of Minnesota SuperLawyers® since 2002 and has been named one of the Top 40 Family Law SuperLawyers in Minnesota since 2004. He has been named to the list of Top 100 Superlawyers® in Minnesota and the...
A mediator’s job is to get you to reach an agreement. Their sense of professional fulfillment is satisfied when an agreement is reached. Unfortunately, all too often, this can result in a person agreeing to things that are contrary to his or her interests, contrary to what the Court would order, and — in the worst case — contrary to the best interests of the children. Therefore, it is critically important to either have an attorney with you at the mediation session, or at least have one on retainer at the time, to consult before you agree to anything.

If you're getting divorced, you're probably going through an emotionally draining process. It's rarely neat and tidy, but the best way to ensure a relatively successful divorce is to work with a qualified attorney who can guide you through the process and represent your interests. Don't delay; contact an experienced Minnesota divorce attorney today.
When the respondent is served in another state, a separate child support  proceeding  can  be  started with the help of the county support enforcement agency and the county attorney.  In this proceeding, the Minnesota court tells the court in the other state that a parent who lives in the other state owes child support.  Please see our booklet Child Support Basics for more information.
You can access most of the necessary divorce forms at the Minnesota Judicial Branch website. Remember, there may be additional documents required by your county's circuit court, so please check with your circuit court before filing to assure that you have all the correct forms. If you feel like you need more help, you can use Rocket Lawyer to Find a Lawyer who's right for you.
I use only processes—mediation, collaborative law divorce, and out-of-court negotiation—that emphasize open, respectful communication. I am currently not taking "contested" cases, in which each spouse hires a lawyer and fights in court. If you have been served with divorce papers or need legal representation in court, you should contact a different attorney.
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.
Mediation is paid by the hour, and the parties generally split the fees equally, or pay the fee out of a joint account.    The fees are paid in full either in advance or on the day of mediation.  If the parties don’t finalize an agreement during the mediation, the fees paid may include time for the mediator to prepare a written summary, which is provided to both parties.
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.

Tera is one of the founding members and the managing partner at Minnesota Divorce and Family Mediation. She has over 15 years of combined education, training, and professional experience in facilitation, team building, negotiating, and mediating resolutions of all matters. She uses a strengths-based, client-driven approach to develop thorough parenting plans for children tailored to their unique circumstances and future needs. She has experience with complicated parenting issues, children with special needs, mental health issues, domestic partnerships, and other non-traditional relationships. Tera's goal is to develop a comprehensive divorce agreement while minimizing stress and cost.


Notwithstanding all of the above, mediation can often be the process that helps break an impasse and result in a reasonable settlement of one’s case. But for mediation to work, both parties must be prepared to compromise. If you approach mediation with the attitude that it will be an opportunity to convince the other party to do things your way, mediation will likely fail. That said, be careful not to concede too much. A lawyer can give you an appreciation of where the line is between generous cooperation and foolish capitulation.

Consultation: Attorneys are available to meet (or telephone or Skype with) individuals to discuss the issues, provide information, and provide guidance. These consultations can often take place prior to the first mediation, after mediation sessions, and then once a final agreement is reached. The cost of these sessions are $125 (telephone) or $155 (Skype) per hour. (Minimum scheduled time for first session is one hour.)

1.     You just might settle the case.    The parties involved have the most information about their situation, and therefore are in the best position to craft a creative solution specifically tailored to them.  Judges, on the other hand, are bound by case law, statutes, and rules and must provide a solution for the parties that fits within this framework.
While mediation is absolutely worth trying for most couples, not every couple belongs in mediation. For example, if there is domestic violence in your relationship, you should consider carefully before you agree to participate—but don't it out of hand. Some people who have experienced abuse in their marriages find it empowering to meet on the level playing field of a mediation session; others find there's too great a chance of replicating the dynamics of the marriage and choose to have a lawyer do their negotiating for them. Also, because the mediator can't order either of you to do anything, a person who wants to delay the proceedings or avoid paying support can abuse the process by agreeing to mediation and then stalling the process. If you need decisions about support or other issues made early in your divorce, you may need to go to court. This doesn't mean you won't be able to use mediation at a later point to resolve the rest of the issues in your divorce, though. (To learn more about who can benefit from divorce mediation, read Nolo's article Will Divorce Mediation Work For You?)
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Minnesota, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.

If you and your spouse have been unable to resolve issues involving your children, it may be necessary to have a formal custody/parenting-time evaluation. There is generally a monitory cost associated with this evaluation. This evaluation can be conducted by the Court Services workers in the county your action is venued in, if the county has such a department. In most counties this work is contracted out to third parties. Some parties, however, prefer to retain their own neutral expert, typically a child psychologist with expertise in conducting such evaluations. Private evaluations typically are more expensive than those conducted by Court Services. Whoever conducts the evaluation, however, will interview you, your children, and such third parties who have relevant information as are necessary, including other family members, friends, neighbors, teachers, doctors and counselors. They will observe you interacting with your children, and may also administer psychological testing. At the end of this process, some evaluators will first make an oral presentation of their findings in the hope that their summary will facilitate settlement. If not, a formal written report is issued.


If the respondent does not answer the Petition within 30 days after it was served, the respondent is in default.  The petitioner's attorney tells the court and a default hearing is scheduled.  Default hearings are also scheduled when all of the relief to be ordered by the court has been agreed to by the parties in a written agreement called a Stipulation or Marital Termination Agreement. If both parties are represented by lawyers, the divorce may be finalized without a hearing. If both parties did not have lawyers or if the respondent never answered, there is a default hearing. At a default hearing only the petitioner and his or her attorney need to attend.  The petitioner is sworn under oath and testifies to all the facts necessary for the court to order the relief requested in the Petition or Stipulation.

I have more than 15 years experience with families and churches in conflict management and resolution. Clear thinking and calm presence  is a must in stressful interpersonal situations so I’m balanced between a logical head and caring heart. Skill and experience in crisis counseling, de-escalation and conflict resolution is what I bring to to the table. As a  former ER chaplain, I’m sensitive to diverse faiths and beliefs, and understand many of the differences that age, education, setting and lifestyle can make in dealing with conflict. I know my limits in dealing with different cultures yet have much inter-cultural experience. Immersed in language study in college, I also lived with people from over 20 countries including people from Africa, South America and Asia.
Some spouses are under the impression that they must obtain a legal separation to get divorced. To the contrary, legal separation is an alternative to divorce, but the process is almost identical: you file legal paperwork, deal with all the same issues in a divorce, and ask a judge for an order of legal separation. If you plan to divorce, a legal separation is unnecessary and will only increase the total cost of the divorce.
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.

But not every couple is a good candidate for mediation—and it can be hard to know in advance who’s going to find the process helpful and who’s going to find it useless—or worse, enraging. To get a better idea of warning signs, I spoke to Rachel Green, the family lawyer in Brooklyn, New York, who handled my own separation ten years ago. Below, the eight signs that mediation might not be right for you.
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.

Another rare exception to the general rule on termination of child support is in the case of emancipated children. An emancipated child is not entitled to child support. [3] Whether or not a child is “emancipated” is an issue that must be decided by the Court on a case by case basis, but will normally require proof that the child is living away from home and is self-supporting. Termination of child support by reason of emancipation requires a motion in Court.
All people have power in different ways. It is my job as mediator to balance power and ensure that both clients have an equal voice and ability to impact outcomes. In mediation, power comes from knowledge and information. Documented information about assets and liabilities and a broad understanding of each other’s needs are what make you successful in mediation.
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A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage. (Minnesota Statutes - Chapters: 518.06, 158.13)
The mediator will not allow one party to overpower the other in mediation. If one of the parties is unable to be effective during this process, the mediator will stop the mediation. However, many persons who considered themselves to be the "weaker" of the two spouses have been quite effective in mediation. As an unsophisticated spouse of a very powerful business executive once said, "I have the power to say no, and my spouse better listen or we'll wind up in court."

I have a great deal of experience with court matters, but I am now concentrating more of my time on Wills and Probate. I have been an arbitrator of Minnesota No Fault Auto Accident Claims. I graduated from Hopkins (MN) High School in 1967; St. Olaf College, Northfield MN in 1971 (BA History and Asian Studies) and William Mitchell College of Law (now Mitchell Hamline Law School) in 1975 (JD), working days and attending classes at night through a four year program. I am married and have two adult children.
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
(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
In most cases, divorce is a difficult and painful process, both emotionally and financially. The traditional practice of hiring a lawyer and litigating in court to end a marriage is not only expensive, but can lengthen the process, increase contention, and cause additional and unnecessary stress on you, your spouse, and your children. Because of this, more and more couples are looking to mediation to walk them through the intricacies of divorce and help navigate parenting agreements. While divorce is rarely an easy event, the goal of mediation is to encourage and support you in developing the best solutions for your individual situation, in a collaborative way and on your time line, which ultimately lessens the negative impact of divorce on you and your family.

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.
Hello, my name is Matt Majeski and I am the owner/operator at Majeski Law, LLC at 539 Bielenberg Drive, Suite 200, in Woodbury, Minnesota. I focus my work on divorce law and other family law issues. I serve across Minnesota, however the bulk of my practice works in the following five county area: Washington, Dakota, Anoka, Ramsey, and Chisago. Please check out my website at www.majeskilaw.com if you'd like more information. Thank you. I'm happy to give a free phone consultation to identify your situation, determine if Majeski Law can help you with your family...
The Brown Law Offices, P.A., is a northwest Twin Cities divorce and family law firm. We serve primarily Hennepin, Anoka, Sherburne and Wright County. In addition to divorce, our lawyers handle custody, child support, alimony, paternity, prenuptial agreements, step-parent adoptions, harassment restraining orders and cases involving domestic abuse. Jason Brown founded the Brown Law Offices, P.A., in 2003, after clerking for the (now retired) Chief Judge of Minnesota’s Tenth Judicial District. He is an experienced trial lawyer, who handled a wide variety of cases (including civil commitment, criminal defense, probate, personal injury and commercial litigation) early in his career....
When the respondent is served in another state, a separate child support  proceeding  can  be  started with the help of the county support enforcement agency and the county attorney.  In this proceeding, the Minnesota court tells the court in the other state that a parent who lives in the other state owes child support.  Please see our booklet Child Support Basics for more information.
In equal numbers, prospective clients come to me either excited about a perceived ace-in-the-hole because of the other spouse’s adultery, or worried about his or her own adultery. Neither attitude is warranted. The Courts couldn’t care less about anyone’s adultery in and of itself, or the immorality of it. Half the divorces they see involve adultery. In fact, there’s a very real danger that pressing this issue will backfire, making the accuser appear obsessive and jealous.
For married parties with children born during the marriage, both parties have joint legal and physical custody until the Court orders otherwise. Thus, either parent has the right to take the children, and the other parent has the right to take them back, and so forth. This can lead to a lot of game-playing and tugs-o-war which are obviously harmful to the children.

If your spouse tries to conceal assets, it will not benefit them. Courts do not look favorably on dishonesty. Further, divorce attorneys can use a variety of tactics to uncover assets and income, such as formal or informal discovery requests, subpoenas, contempt motions, etc.  Finally, even if you find out that your spouse concealed property after the divorce is final, the Court has the discretion to reopen the proceeding and distribute or redistribute property accordingly.
It is important to understand that each case is unique; however, a number of key factors influence the length (and cost) of your process. The first factor is preparation. Completing the requested preparations in advance and supplying the necessary documentation allows us to move more quickly. The second factor is complexity. Certain situations are simply more complicated to work through than others. That said, even the most complicated cases can be settled through mediation. During your free consultation, I am typically able to identify potentially complicating factors. Third is emotional readiness and conflict. Often times divorcing spouses are in a different stage of readiness; these differences can lead to conflict which may lengthen the time needed to resolve the issues. When you both feel ready to move forward and you are able to discuss the issues without a lot of conflict the process tends to move more quickly. Regardless of your particular situation, I am committed to helping all of my clients complete mediation as efficiently and cost effectively as possible, and believe that taking a divorce education class prior to beginning any divorce process can greatly increase your likelihood of success and efficiency.
The attorney representing either the petitioner or the respondent can schedule a temporary relief hearing. The other party must be served with motion papers, including a Motion for Temporary Relief and an Affidavit.  Affidavits are written statements signed under oath.  The motion papers are legal papers requesting temporary relief from the court and stating the facts on which the request is based.  These facts include the income and expenses of each party, who has the children now and why they should be in the custody of the party asking for temporary custody.  The motion papers must be mailed or handed to the other party before the hearing. There are certain time periods for giving notice to the other party before the hearing that must be followed when bringing and responding to motions. The petitioner's attorney often has the motion papers served at the same time as the Summons and Petition.
Also, divorce in the court system is public domain. Anybody can sit in court and hear the specifics of your divorce. On the other hand, mediation is confidential, private and conducted behind closed doors. In mediation, there are no attorneys putting up walls between you and your spouse. Mediation is about working together, doing things in the best interests of your children and focusing on being able to be parents for your children for years to come. Unfortunately, divorce in the court system is designed to put up that wall and limit communication, which inevitably leads to many post divorce problems and many more hours and thousands of dollars in court.
Many individuals mistakenly believe that they’ve abandoned their equity in the family home by moving out. While the court may award the family home to the spouse living in it at the time the divorce is heard, the spouse that moved out will typically be awarded other property or a cash settlement equal to his or her equity in the home. The bottom line here is that you don’t give up your equity in the marital home by moving out.

In conclusion, my advice to fathers is that they should not despair. If the children would be better off in the father’s custody, that is worth fighting for, and is winnable. I have gotten many fathers custody, even in the most dismal of predicaments. For mothers, my advice is to take nothing for granted. Against a determined father, the loss of custody is a very real possibility which you should take very seriously if custody is important to you.


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.
The Brown Law Offices, P.A., is a northwest Twin Cities divorce and family law firm. Our award-winning attorneys have represented thousands of clients since 1998. Key practice areas include divorce, custody, child support, paternity, prenuptial agreements and step-parent adoption. Our lawyers handle cases throughout Minnesota, serving primarily Hennepin, Anoka, Sherburne and Wright County. We offer a free consultation to all potential clients.
The answer to this question varies. The “average” divorce can take anywhere from 6 weeks (or less), to a year and a half or more. How long your divorce will take depends on how well you and your spouse can cooperate, and on the complexity of the issues involved. At Tarshish Cody PLC, our attorneys will do their best to zealously represent your interests while still taking care to resolve your manner in an efficient and cost-effective manner.
3. Be prompt. Courts are slow. Many attorneys, sadly, are chronic procrastinators and deadline-driven. Custody evaluators and Guardian ad Litems are slow. If you’re slow too, it compounds the problem. Furthermore, the quicker you can be in responding to whatever your attorney asks of you, the more likely it is that you’ll be able to settle your case sooner and at less expense. By acting quickly, attorneys are able to take charge of a divorce process, rather than being driven by court deadlines and various hearings and other requirements which might be avoided just by staying ahead of the game.
Typically the SENE will involve both parties, both attorneys, and two court-appointed custody evaluators. Usually three hours is blocked for a session. During the session, each party (and his or her attorney) is given the opportunity to explain what they would like for a custody and parenting time arrangement, and why. Questions from the evaluators are asked and answered. Then there is a break while the evaluators confer. Then the meeting reconvenes and recommendations are given and explained, whereupon the parties discuss settlement.
Mediation is much less formal than courtroom litigation. Rather than being bound by courtroom etiquette and being under the burden of the technical rules of evidence, those involved in the mediation are seated around a table or in an informal office setting. The issues in question are discussed in a non-intimidating, non-threatening manner. Solutions and settlement options which are agreed to by both parties are the hallmarks of successful mediation. Mediation solutions also tend to be much more creative than the solutions which arise from litigation. The mediator will “brainstorm” with both spouses in order to arrive a good solution for each issue. So long as there are no violations of Florida laws, the final mediated agreement can be anything the spouses agree to with the help of their mediator.
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.

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. 
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