All that being said, be aware that contesting the divorce will add to the duration and expense of the case. Contesting the divorce itself can buy you some time during which to pursue reconciliation, and can be the leverage to obtain your spouse’s agreement to therapy or other reconciliation efforts, but at the end of the day, a persistent party will be able to obtain the divorce.
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.
The traditional divorce process can be extremely expensive and can create an adversarial climate that can require lengthy litigation, which is often unnecessary. With divorce mediation, our goal is to create an environment that is more collaborative by working together toward solutions to ensure divorcing couples end up with an arrangement that works for them, their kids if applicable, and their budgets.
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.
If you’re struggling with coming to terms with the fact that you need a divorce, now is the time to speak with a professional who has literally been in your shoes. Our owner Jeff Johnson has been through a divorce himself and understands the emotional toll it can take on a couple. If you’re tired of fighting and ready to put the past behind you, reach out to Jeff today to setup a free one-hour consultation. He can be reached by phone at 952-401-7599 or you can reach Jeff directly at email@example.com. Jeff looks forward to hearing from you soon.
Information obtained in mankatofamilylaw.com may contain knowledgable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota licensed Attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in Your Family Law matter, contact 507-625-5000.
There is no specific Massachusetts form for your separation agreement, but several probate courts have made available templates that a committed person could use for a do-it-yourself divorce or pro se divorce. You can download a Massachusetts separation agreement form, or template, for divorce with no children here, created by Worcester County probate court, or a Massachusetts separation agreement with minor children form, or template, here.
To file for divorce in any state you need to meet its residency requirements. These requirements vary by state. Two additional things that you should consider when thinking about relocating are what the divorce laws are where you are compared to the laws of the state that you are moving to, and what is the impact on any children involved. To the first point, you want to make sure that you aren’t filing for divorce in a state where the divorce laws are less favorable to you. To the second point, courts can and do frown on one parent’s leaving the state without the other’s consent. A lawyer can help you figure out which state would be best to file in and how to negotiate and interstate custody issues.
When discussing issues concerning custody parental access, think about where your kids will spend most of their time: where they go to school, where they take dance and karate and other extra-curricular activities. Think about whether they have any special needs and how you’ll care for them, how you’ll cover any private school or college costs, and where they’ll spend birthdays, holidays, and special occasions.
In person—Minnesota allows anyone who is 18 years of age or older and is not a party to the lawsuit to serve the divorce papers in person. In most cases, the process server is a sheriff or a professional, bonded process server. Once the papers have been delivered to the respondent’s home, person or attorney, the process server must complete the Affidavit of Service and file it with the Clerk of Court.
If you can afford an attorney, but don't know any, ask a friend who was satisfied with his or her attorney. You can also look in the yellow pages under "Attorneys." You can contact the local bar association's attorney referral service listed below. The Lawyer Referral Service can give you the name and telephone number of an attorney in private practice in your area who may be able to represent you. You may have to pay an initial fee for the first appointment with the attorney. You may be able to negotiate how much you will pay the attorney for representation in a divorce. Many attorneys will ask for payment of some money before the divorce is begun. This is called a retainer.
Jason Brown is a founding shareholder with the Brown Law Offices, P.A., a northwest Twin Cities divorce and family law firm. He is an honors graduate of Minnesota State University, Mankato, and the William Mitchell College of Law. Jason has been recognized as a “Super Lawyer” by Thomson Reuters. Media appearances include WCCO Radio, KARE 11 Television, the Star Tribune, USA Today, Time Magazine, Minnesota Monthly and NBC News.
I’ve heard of cases in which one spouse is so eager for custody of the children that they will relieve the other spouse of any duty to pay child support—which is not in their or the children’s best interests. Green says, “This is explicitly contrary to New York legislative policy—the kids shouldn’t be bargained for the money. The two things are determined separately by the court, so there’s no reason to take less than you’re entitled to under the formula.”
5. Use an attorney who specializes exclusively in family law, so that you’re not paying so much for the attorney to “learn”. No lawyer has perfect and complete knowledge, but a specialist is not going to have to do nearly as much legal research as a more general practitioner. (Not to mention, a specialist will be more qualified to represent you in the best way possible, because of his experience).
The big warning I have is this: years ago, when the program started, the idea was that the evaluators would give their opinion of how they would likely decide the case in a full-blown custody evaluation, based on the facts learned in the SENE. This honest appraisal of how a months-long custody evaluation would likely turn out is what helped parties to settle their cases.
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 court may award either party alimony if the party seeking alimony (1) lacks sufficient property to meet his or her own needs, and (2) is unable to be self-supporting through employment, or is not required to seek employment due to being a child custodian. In the absence of an agreement by the parties, Minnesota alimony law provides that the amount and duration of alimony will be determined by the judge, after considering the following factors:
If your ex-spouse was ordered to provide medical or life insurance, but does not buy insurance or cancels the insurance, the court can order your ex-spouse to reinstate the insurance policy or get a new policy. The court may also order your ex-spouse to pay medical or hospital bills which should have been paid by the insurance. If cash was received for the policy that was canceled, the court can award you all or part of the money. You can also ask the court to find your ex-spouse in contempt of court.
The next step will be to assess where you and your spouse agree and where you need some work to get to agreement. Once you have a sense of what needs to be accomplished, you, your spouse, and the mediator will plan how you're going to accomplish it. It's very likely that you will need to gather more information, especially if you're dealing with property issues as well as child custody questions. (For example, if you don't know the value of your house, you can't have an intelligent discussion about a buyout.) The mediator will help you figure out what information you need and ask each of you to commit to bringing certain things for the next session.
After graduating law school in 2010, Sonja secured a judicial clerkship in Hennepin County Family Court. She worked on high asset divorce cases with complex financial matters as well as high conflict custody disputes. Sonja learned firsthand how judicial officers decide cases and what makes a family law attorney effective inside and outside of the courtroom. After clerking, Sonja worked for a large, national law firm where she gained a tremendous amount of experience. Sonja is empathetic, detailed, and aggressive when necessary.
Under both Minnesota law,  and federal law,  as long as you yourself are a party to the conversation, it is lawful for you to record that conversation, even secretly. Furthermore, such recordings happen often enough in family practice that you are wise to assume that any telephone conversation with your spouse is in fact being recorded, and to temper your speech accordingly — i.e., no anger, name-calling, or spiteful speech of any kind.
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.
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.
The first opportunity for the Court to decide custody is normally at the temporary relief hearing. In Hennepin County, this can easily be four months or more from the date of filing. In other counties, it can be much speedier, as in Dakota or Scott County, where a temporary relief hearing date is normally available within about 3 weeks. Once the motions for temporary relief are heard, the Court has 90 days to rule, although they normally get temporary orders out within two to four weeks.
Lesa Koski iis a state qualified neutral who became interested in mediation during law school more than 15 years ago. Lesa grew up in the Stillwater and Woodbury area and now lives in Hudson, WI. After a successful Health Care and Elder Law career, she is thrilled to begin working in her area of passion, mediation. Lesa wholeheartedly believes in f ... more
Minnesota, like most other states, passed a law called the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) so that parents could not go to another state to try to get a different custody order. Under the UCCJEA, the courts of different states have guidelines to help decide which state’s court should decide custody. The courts are encouraged to discuss the matter and avoid disagreements between states. Usually the court in the state where the child has lived most recently for the past six months has the authority to decide custody of the children. If a court in one state has already decided custody, the UCCJEA prevents a court in another state from changing the custody order, unless the first court refuses to act or no longer has enough connection with the child and parties.
In 2005, the average mediated case cost $3000 and was settled in 90 days. In turn, the average litigated case in the courts cost $15,000 and took 18 months to settle. Keep in mind, the litigated cases led to more spite and frustration between the divorcing couples, usually leading to a lose/lose situation for both. Not many people walk away from a litigated divorce feeling satisfied. On the other hand, couples who went through mediation felt satisfied with the agreements they had reached and both walked away feeling that they had gotten what they had wanted. Who would you rather have decide what happens with your children and assets after a divorce, you during mediation or attorneys and judges during a divorce in the courts? Who knows more about you, attorneys, judges or you? Why have people who know nothing about you tell you how you are going to live the rest of your life.
Disclaimer: This is a quality non-lawyer self-help divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3 Step Solutions, LLC does not practice law and does not give out legal advice. This software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more.
Minnesota is a “no-fault” divorce state. What this means is that neither spouse has to prove marital misconduct (such as infidelity) to obtain a divorce. Instead, the parties can simply acknowledge that there has been an “irretrievable breakdown” of the marriage. In Minnesota, either spouse can get a divorce if they wish to have one. A spouse does not need to “give” the other spouse a divorce; rather, it can be obtained with or without the other spouse’s cooperation.
“Dear Spouse: I very much regret that we have been unable to agree to a suitable interim parenting time schedule for the children pending the temporary relief hearing scheduled for xx/xx/xx. In order to spare the children the experience of our conflict over this issue, I will abide by the schedule you have unilaterally dictated while we await court action. Nevertheless, I want to make clear my strong objection to this interim schedule, which we both know is not in the children’s best interests.”
The size of the estate doesn’t always correlate with the overall fees incurred. Dividing property is not always a major issue between spouses. Some couples with substantial marital estates manage to divide assets with minimal fighting or attorney’s fees. Once they’re informed of their rights, how the law works, and what a court would likely do, they divide property accordingly. These individuals appreciate the wisdom of avoiding unnecessary legal expenses.
The court can also make an order restraining (stopping) an abusive or violent spouse from harassing or harming the other spouse or the children. The court can order one of the spouses to leave and not return to the home. A violation of this part of the order may be a misdemeanor. The party violating it can be ordered to pay a fine or go to jail.
Minnesota has a "no-fault" divorce law. This means it is not necessary to prove your spouse is at fault for the breakup of the marriage. It is only necessary to prove that there has been "an irretrievable breakdown of the marriage relationship." This means that there is no hope that the spouses will want to live together again as husband and wife.