Kay Snyder Attorney at Law has offices in St. Cloud, Big Lake, and Cold Spring, MN. She's a part of the Chamber of Commerce in those communities, as well as many volunteer organizations helping those in need in the area who cannot afford legal counsel. Kay Snyder Attorney is also involved with the Minnesota State Bar Association, the Stearns/Benton Bar Association, Minnesota Women Lawyers, and the St. Cloud Downtown Council.
The success Fellows of the Minnesota Chapter of the American Academy of Matrimonial Lawyers have had is based in part on the business sophistication and experience of many of our attorneys. That experience carries forward after trial, to the detailed written summations of the evidence and the law, submitted to the trial judge either immediately prior to or after trial, depending on the preferences of the judicial officer assigned to your case.
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.
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.
You may be surprised to know that most MN divorce cases (over 90%) are settled before they ever reach a court room. Mediation is so effective that the State of Minnesota requires you make a good faith effort to settle your divorce through Alternative Dispute Resolution (ADR) before appearing in Court – so why not start with a process which is proven to work as well, if not better, than litigation?
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.
In cases where you and your spouse cannot come to an agreement on major issues, the judge will schedule a bench or jury trial that will require you and your spouse to present arguments supporting your respective positions. In the vast majority of trials, it is the attorneys with trial experience that do most of the arguing and presenting of evidence. In addition to the legal fees paid to the attorneys, there are usually many court costs involved in a trial and pre-trial proceedings.
Regardless of your children’s ages, you need to communicate about what’s happening, since it affects their lives too. Agree to talk to your kids together. Agree on how it will be done, where it will be done, and what you will say. Present a united front and try to answer their questions as well as possible, without divulging unnecessary adult information. Kids are smart, and they probably already know something’s up. They deserve to hear that their parents will continue to love and support them and that everything will be ok.
Christine Callahan has completed the certified training and is on the court roster for counties in the southwest metro to conduct Social Early Neutral Evaluations (SENE, for custody and parenting time) and Financial Early Neutral Evaluations (FENE for support and property division). For more information about the Early Neutral process in Minnesota, please see our articles.
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.
Any information disseminated on this website does not constitute legal advice of any kind,and does not form the basis for an attorney-client relationship. As such, the reader of such information is advised to consult directly with a competent legal professional of their own choosing to discuss and answer any substantive legal questions they may have.
You can ask the court for an Order for Protection. It will order the abuser to stop all the abuse and threats. It can also order the abuser to leave the home, to stay away from your work place or school. It can provide for temporary custody, child support and use of the car or home. It can also do other things to protect you and the children. It doesn't matter whether or not you've started a divorce or if you're still living together.
The cost of mediation may be based on Florida Statutes which provide a reduced rate for couples with a combined income of less than $100,000. Both parties will file a financial affidavit in order to establish the exact fees for divorce mediation. A Florida judge may waive mediation requirements but generally will not do so. Costs associated with divorce mediation may include the mediation costs, filing fees, recording fees, and service of process fees if the mediation is court-ordered. These fees may be levied against the non-prevailing parent if the court determines that parent is able to pay.
In cases where the child is approaching the start of kindergarten, or will be transitioning to middle school, junior high, or high school, this can be a closer call. Obviously the quality of the school will matter. Fortunately school statistics are readily available, including standardized test scores. The Minnesota Department of Education provides School Report Cards on their website.
The major difference between a legal separation and a divorce is that if you have a legal separation, you are still married. The wife may not resume using her former name. If you decide you want to end your marriage after a legal separation is complete, you will need to go through the court process to get divorced. Some couples choose legal separation because of religious beliefs or moral values against divorce. In other cases, there may be insurance or other financial reasons for a legal separation.
A Motion is a paper asking the Judge or Referee to decide an issue in a case. In a divorce matter, a Motion for Temporary Relief allows you to ask the court to issue a temporary order for child custody, child support, spousal support, and certain property issues. The Temporary Order allows you to get needed financial support while your case is pending in court. The Temporary order will expire when the final divorce decree is signed by the Judge and "entered" by court administration.