The Petition for Dissolution of Marriage must declare the appropriate Minnesota grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:
Some find it helpful to make a list of marital events, in the order they occurred, as well as a list of the current disputes and another list of the outcomes you would like to see. Whether you put it on paper or not, have a list in your head of which issues are most important to you and which are the least important. Being prepared and on time is key to the success of the divorce mediation. You must also be prepared to talk to your spouse. If you have had trouble communicating in the past, your mediator will be there to facilitate communication. While it is important that you set goals regarding what it will take to resolve the case or the individual disputes, it is equally important you remain flexible. You may be surprised at some of the things you find out during mediation which change your perception of the entire issue.
If you're considering (or already facing) divorce, chances are, you have a million questions. And that's understandable. Your life - and the lives of your spouse and children - will soon be undergoing a seismic shift. That's why it's so important to sit down with a knowledgeable family law attorney and get answers to all of your questions before moving forward.
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:
In almost all cases, you will be required to attempt some form of alternative dispute resolution. This will typically take the form of "mediation" which is a process in which a neutral third party, typically an attorney trained in mediation, will attempt to assist the parties in reaching their own compromise settlement of some or all issues between the parties. The mediator does not make decisions, but rather facilitates a discussion between the parties (sometimes alone and sometimes with the assistance of counsel) aimed at reaching settlement of your issues. The mediation process is confidential, and if you are not successful in reaching a mediated settlement, the judicial officer will never learn what positions either party took in mediation. As part of the mediation process, the mediator will request both parties provide an accurate summary of income, assets and liabilities. It is recognized that sometimes, one party controls some or all of this information, and skilled mediators attempt to assure that there is a full and fair disclosure of financial information, and a full and fair discussion of the issues.
If one partner is really invested in making the other person’s life worse—like not allowing her to take vacation with the kids and her family when it’s convenient, just because he wants to muck up her vacation plans—they are not good candidates for mediation. Green says, “If you feel like your ex is a narcissist or out for revenge,” mediation is not going to work.
I am an experienced trial attorney, who has represented numerous individuals in times of crises during the past 21+ years. The areas in which I practice include family law, domestic abuse, criminal defense, juvenile defense and personal injury cases. I am passionate about helping ordinary people through extraordinary crises and providing our clients the opportuntity to be heard in the process.
We work with a team of attorney mediators and non-attorney mediators who are committed to supporting divorcing spouses in the goal of hiring professionals only for what is needed. As a way to support those who want to take responsibility for their own divorces, these professionals have agreed to reduce their rates for individuals who find them through WashingtonDivorceOnline.com.
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.
Mediating parents have a number of options available for determining how to provide for their children’s needs after divorce. As a starting point, we will calculate MN guideline child support using the MN Child Support Calculator which as of January 1, 2007 uses an income shares model for determining child support obligations. My process includes a complete explanation of how to properly input the information and how to read the calculator’s result. While many parents choose to follow the State guidelines; some parents decide to deviate from guideline support based on a variety of reasons. Still others adopt a less traditional (and more flexible) plan for sharing all expenses relating to the children, such as a joint checking account or monthly accounting and reimbursement method. Mediation allows you to be creative about how best to provide financial support for your children’s needs after the divorce.
The date on which earnings (including retirement contributions and other income) becomes separate property again, is the so-called “valuation date.”  The valuation date is the date of the initially scheduled prehearing settlement conference, unless the parties agree to a different date, or the court finds that a different date is fair and equitable.  In my experience, the Court seldom exercises its discretion to use a different date. One situation warranting a different date is where the parties have been separated for years prior to commencement of the divorce, and have been living separately, with separate accounts, insurance, bills, etc., during the separation period.
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.
For example, if there are two automobiles, each spouse is usually given one of them. This is especially true if the cars are nearly equal in value. If there is only one automobile, the court often awards it to the spouse who has the greater need for transportation. Extra items of personal property may be awarded to the other spouse so that the overall value of each share remains the same. Retirement accounts and whole life insurance policies are property too.
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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Mediation is a confidential discussion of the issues that need to be resolved in a divorce or custody situation. The divorce mediator, or child custody mediator, facilitates the different possibilities for resolving those issues. The mediator doesn’t have any decision making authority, so the process isn’t inherently risky; you can only serve to benefit if you can resolve your issues out of court.
I prepare QDRO’s and DRO’s. A QDRO (“Qualified Domestic Relations Order”) is a legal order, entered as part of a divorce or legal separation, that is required in order to split ownership of a retirement plan to give the divorced spouse his or her share of the asset or pension plan. A DRO (“Domestic Relations Order”) is the usual name for this document if a government pension is being split.
This is usually a very smart thing to do, to prevent the other spouse from racking up debt in your name. I’ve seen it happen countless times. And while this can be accounted for, it’s much easier to just avoid the issue in the first place. Also, remember that even if the Court orders your spouse to assume this or that joint credit card debt, the Court has no authority to absolve you of your contractual liability to the creditor. So the joint debt will remain on your credit history, and will still be your problem to deal with if your spouse ever stops paying or pays late.
2. Take with you all of the household goods and furnishings, and other items of personal property which you want to have, and inventory what you take. Although it is not a law, the old adage “possession is nine tenths of the law” is very applicable here. The reason boils down to the fact that litigating personal property issues is usually prohibitively expensive, because it normally costs more to litigate than the stuff is worth. So if you ever want to see it again, it is much simpler and easier to take it with you when you leave. [Caveat: don’t get too greedy. If you empty the place out and leave the spouse and children to sleep and eat on a bare concrete floor, you will not look good].
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.
Mediation is confidential and private, as opposed to divorce litigation, in which little privacy is afforded. Whatever goes on in mediation remains private, while grievances aired in a courtroom become part of the court record and are public. Any communications between parties during mediation are confidential with certain exceptions. These exceptions include child or elder abuse or one party talking about a crime they committed or one they intend to commit. The confidentiality of the mediation process allows spouses to speak openly and directly to one another without the fear something they say will be used against them.
On a related note, it is a useful precaution to close or otherwise terminate additional borrowing authority on any joint credit cards, lines of credit, or other joint debt accounts, when a divorce appears imminent. With respect to joint credit cards and other joint unsecured consumer lines of credit, Minnesota law requires the creditor to close the account upon the written request of either party. 
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.
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This can be problematic if a party needs to commence a divorce in Minnesota immediately, but neither party has yet been residing here for the requisite six-month period. In such cases, one should seriously consider a legal separation, which has no length-of-residency requirement, and which can afford much of the relief afforded by divorce, such as determinations of property possession, custody, parenting time, child support, and spousal maintenance.  Later, after the six-month residence requirement is satisfied, the case can be converted to one for divorce.
If you have been ordered to pay child support and your situation has changed so that you cannot pay the amount of support ordered, it is important to contact the county child support officer right away. You can bring a motion to ask the court to lower your child support. If you do not bring a motion, there is little chance the court will forgive back support, even if you were unable to pay. For more information about child support, see our booklet Child Support Basics.
Minnesota divorce laws are put in place for both the Petitioner (or Co-Petitioner) and the Respondent (or Co-Petitioner) to receive a fair divorce. Sometimes, hiring a divorce lawyer or mediator in your area is the best way to ensure that this happens. Or, if you and your spouse are able to cooperate and agree on everything, you can do your own Minnesota divorce online.
Divorce mediation still feels like a new idea in some parts of the country, but it’s increasingly well-known and widely accepted. Mediation means different things to different people. In the form I recommend, you and your spouse would sit down in the same room with each other and with a neutral mediator. With the mediator’s help, you would work through all the issues you need to resolve so the two of you can get through your divorce.
If the parents can not agree on an appropriate custody arrangement, the court will examine what is in "the best interests of the child" by considering and evaluating the following factors: (1) the wishes of the child's parent or parents as to custody; (2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; (3) the child's primary caretaker; (4) the intimacy of the relationship between each parent and the child; (5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests; (6) the child's adjustment to home, school, and community; (7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (8) the permanence, as a family unit, of the existing or proposed custodial home; (9) the mental and physical health of all individuals involved; (10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; (11) the child's cultural background; (12) the effect on the child of the actions of an abuser; (13) except in cases in which a finding of domestic abuse, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child. (Minnesota Statutes - Chapters: 518.17)
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.
Many of the facts and circumstances that a divorcing spouse feels are important, are likely to be of little importance to the court. It‘s unrealistic to assume a judge can review all of the circumstances that led to the divorce. The issues are simply too complex, the court lacks time to hear all of it, and in the end, they aren’t usually relevant to the case, especially in a no-fault state like Minnesota.
5. Neither party absolutely needs a personal attorney to handle this process. A neutral lawyer can complete your paperwork and file relevant court documents. Some parties even opt to use pro se forms and submit all paperwork themselves. However, even if your divorce appears simple and amicable, you can benefit from speaking with an experienced Minnesota family lawyer about your case.
Fees may be charged on an hourly basis, or by the day or half-day. In general, mediators help the parties meet, explore options, and negotiate a mutual settlement to resolve their dispute. Mediators do not determine who is right or wrong. Instead, they help the parties reach a solution on their own that works for them. Parties should seek mediators with mediation training, experience, and specific knowledge of family law. It's also important to consider the mediator's style and mediation philosophy.
The divorce becomes final when the court clerk "enters" the Judgment and Decree, which means the clerk writes it down on a court list of all judgments. The Judgment and Decree contains the final decisions of the court. Sometimes it is a week or more after the default hearing before the Judgment and Decree is entered. The court clerk may send a copy of the Judgment and Decree to the petitioner's attorney. This attorney serves the respondent with the final Judgment and Decree and gives a copy to the petitioner. There is no waiting period in Minnesota—the divorce is completely final when entered.