After the mediator covers the rules of mediation and insures that any necessary agreements to mediate are signed, the mediator explains the mediation process. The parties or their representative may then make opening statements to identify issues and clarify perceptions. Many mediators will encourage the parties to begin a conversation during general caucus.
In most counties in the Twin Cities Metropolitan area, as well as now many out state counties, after the filing of a summons and petition, the next step in the process will be an appearance at an Initial Case Management Conference ("ICMC"). ICMC’s are aimed at trying to expedite the processing of divorce cases, and minimizing conflict and the expense associated when parties quickly resort to litigating (resorting to the lawyers and the courts to decide disputes) all issues. As soon as a party files the petition or answer with the court, your matter will be assigned to one judge or referee, who in many counties will be responsible for all aspects of your case until its conclusion. Typically within thirty days thereafter, the court will schedule the ICMC. Both lawyers and both parties must appear, and the vast majority of judges and referees (judicial officers) will not allow any motions, including temporary motions, to be filed until the ICMC takes place.
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To sum up, these misconceptions about divorce mediation really highlight some of the many advantages of mediating your divorce. Because the format is highly adaptable and collaborative, the parties will be supported and assisted in working cooperatively to resolve their issues. Through the process, they will make agreements that they choose to live by and will be best prepared to go forward in a productive and positive manner. Best of all, they will have avoided the expense and stress of a long, protracted court battle. In the end, almost every divorce case is suitable for mediation despite these common misconceptions.
If your child has been taken by the other parent, you should contact friends, neighbors, and relatives to get information about the other parent's location. Schools should also be checked to see if the child's records have been transferred. You can also check the State Bureau of Motor Vehicles to see whether a new car license or a new driver's license has been issued to the parent who has hidden or taken the child.
In reality, every divorce requires both formal legal procedures as well as some kind of settlement negotiations. In Minnesota, even if you prefer to litigate and leave every decision up to the judge, the rules require that before the Court will decide your case, parties must attempt resolution through some form of Alternative Dispute Resolution, of which mediation is still the most common. 
Very few divorce cases actually go to trial. Most cases are settled before the trial begins. Usually the attorneys and the judge have a short meeting before the trial starts. The purpose of this meeting is to decide what must be addressed during the trial and what has already been settled by the parties. The attorneys also make agreements so that the trial will be easier, faster, and less formal. For example, they might agree on the order in which witnesses will testify.
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.
1. Never let your spouse suck you into a fight — even a verbal one. Once it starts getting heated, just withdraw from your spouse’s presence. While this won’t protect you against a spouse who is willing to make up a false abuse allegation out of whole cloth, it will protect you from a spouse who is trying to set you up to do something which will allow him or her to claim s/he was physically harmed or put in fear of imminent bodily harm.
MN law is relatively vague about how to divide marital property (all that you own and owe). There is an assumption that all marital property should be divided equitably. Mediation allows you and your spouse to define your own concept of fairness and to control how you divide your marital property. Through the creation of a master spreadsheet you will fully document and verify all of your assets and liabilities. As you make decisions about who will receive which property, the spreadsheet calculates and reveals the overall monetary value awarded to each spouse. The end result is one comprehensive document which allows each of you to easily determine if your property division is “fair” or not. My experience is that typically the numbers speak for themselves.
At Johnson Mediation, we think of ourselves as divorce specialists. It is our job to provide you with the most efficient level of service that ensures we address all of the necessary details surrounding your divorce, which often include a child-focused Parenting Plan in the event that you have kids. While other options may want you to believe a divorce needs to be hard fought, and drawn out, it is our experience that this is often not the case. We are skilled at helping individuals deal with complex emotions that accompany divorce. With our experience and mediation background we feel confident that we can help you cope with these emotional difficulties during and after your divorce is final.
1. Don’t make your attorney justify every single decision, no matter how small. We’re happy to do it, but it takes time, and time costs you money. The point is not for you to acquire a law school education. The point is to represent your interests with excellence and efficiency. If you can’t take your lawyer’s word for something, it’s time to get a new lawyer. Otherwise, it’s much cheaper to give your lawyer a certain amount of “command authority,” at least on matters of procedure and tactics.
File a notarized “Separation Agreement” signed by both parties. This is a written contract between spouses that addresses all issues related to:Property division (How are property and debts to be divided? Will one of you keep the house or will you sell the house? How will your retirement accounts be divided? What happens with credit card and student loan debts?)
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.
Meditation during divorce is a way of finding solutions to issues such as child custody and spousal support. It is an alternative to formal process of divorce court. During mediation, both parties to the divorce and their attorneys meet with a court appointed third party. This third party, the “mediator” assists the parties in negotiating a resolution to their divorce.
Marital property is defined as property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation.
Fill out and file Financial Statements. These statements document a) income, b) assets (house, cars, pensions, etc.), c) living expenses, and d) debts. There is a Long Form version if your annual income is over $75,000, and a Short Form version if your annual income is below $75,000. These forms disclose financial information that is necessary for coming to an agreement on Division of Marital Assets, Child Support, and Alimony (see Separation Agreement, below).
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)
You’ll also want to gather records for all income sources: paystubs, self-employment profit and loss statements, pension disbursements, social security, alimony and child support payments received. As for expenses, you’ll want to list your recurring expenses as well as ongoing liabilities, so that all mortgage payments, car loans, health insurance costs, food, utilities, student loans, credit card payments, etc. are known.
Once your negotiations are finished and you have found a solution, either the mediator or one of your attorneys will write an agreement and, in many cases, a parenting schedule or parenting plan. These documents will be incorporated with the rest of your divorce paperwork and become part of your divorce judgment, which means that a court could enforce them if one of you doesn't do what the agreements say you'll do.
Once the decision to mediate is made, it is necessary to find a mediator. Many counties have community-based or court-annexed mediation centers. If the mediation is court-ordered, the court may appoint a mediator, or will allow the parties to agree upon a qualified mediator. Both lawyers and non-lawyers serve as mediators. The fees charged vary from mediator to mediator and from case to case.
At Dwire Law Offices, P.A., we offer trustworthy, personal service and practical, experienced representation. You are treated as a person who has a legal problem that needs solving, not as just another case file. Our attorney, Todd Dwire, has been guiding people through divorce and other family law issues in Lakeville and the surrounding areas for over 20 years
1) Is the lawyer being paid? If there is plenty of unearned money in your trust account to pay for your lawyer’s pending workload, this shouldn’t be a factor. However, if the initial retainer has been used up, and an additional retainer has not been provided, or you have not promptly paid a bill from your attorney, this may be at the root of your lawyer’s lack of attention to your case.
By far, the easiest and cheapest way to complete the divorce process is if you and your spouse are in full agreement about major issues and you represent yourself. That is why you should make every effort to come to an agreement with your spouse prior to starting the divorce procedure. You will save a lot of money and effort by filing a Joint Petition for Summary Dissolution of a Marriage and fulfilling the court’s requests without legal counsel. MyDivorcePapers.com can offer valuable guidance and the forms necessary to complete this process with minimal cost and effort.
Minnesota Divorce and Family Mediation is committed to helping clients determine their own divorce settlement, customized to their specific situation and standards of fairness. Mediation is an option that allows divorcing couples to maintain control over their decisions at a lower cost. Mediation is also an effective choice for never-married couples and for those experiencing post-decree conflicts.
3. Even if we don’t settle the case, it’s great preparation and knowledge for purposes of going into court. Even though it’s confidential, and therefore an offer the other party made cannot be used in court against them, if you discuss the case in mediation and reach an impass, it does give us a better idea how best to present the dispute to the court.
The court can also consider a change if the parent with custody has denied or interfered with the parenting time of the other parent. However, parenting time problems alone are usually not enough to change custody. Denying or interfering with a parenting time schedule is a factor that a court may consider in deciding to change custody. A judge can also change custody based on the “best interests of the child,” if both parents agreed to use that standard in a writing approved by the court.
The guidelines use each parent's monthly gross income and consider basic, medical and child care support. A parent's monthly gross income is reduced by the amount of spousal maintenance or child support that the parent is ordered to pay from other support orders. Minnesota law allows a deduction from a parent's monthly gross income for a maximum of two non-joint children in their home.
Many of those who have successfully gone through divorce mediation note it is a much less expensive alternative to litigation. The costs of litigation are generally an unknown until the case settles. At that time the spouses may be shocked at the level of fees they have incurred through attorney’s fees, expert witnesses, depositions, preparation of the case for trial, filing motions back and forth and many other things associated with divorce litigation. Mediation, on the other hand, allows couples to have a good estimate of the number of hours it will take to resolve the issues at hand. The ultimate goal of mediation is to resolve the issues quickly, and this translates to financial savings.
Minnesota is a purely "no-fault" divorce state, meaning that you can't allege that your spouse's wrongdoing was the cause of the divorce. Instead, most divorces are based on the grounds that the parties have irreconcilable differences that have led to the breakdown of the marriage. However, fault may be considered by the court as a factor in dividing property or awarding alimony. To learn more about whether Minnesota uses fault as a determining factor in alimony and property issues, see Nolo's Essential Guide to Divorce, by Emily Doskow.
The court may appoint a “guardian ad litem” if it believes one party has hurt the child or that having someone to represent what's best for the child would be helpful. A guardian ad litem advises the court about custody, parenting time and support during the case. A guardian ad litem is different from other kinds of guardians. The guardian ad litem does not have custody. A guardian ad litem makes an independent investigation about what's best for the child and writes a report for the court. The parties may be asked to pay the costs of a guardian ad litem.
A legal annulment should not be confused with a religious annulment. For example, a Catholic may not be permitted to remarry in the church if the church has not determined that the first marriage is null and void. This type of annulment is granted by the church, and has no legal effect according to Minnesota law. Likewise, a legal annulment or divorce may not affect how the church looks upon the marriage.