You can also go to court to get an order to change or set a parenting time schedule or for supervised parenting time. The court may send you to a parenting time expeditor before the court hears your motion for a change in parenting time.  The court can order mediation or you can voluntarily agree to use mediation to try to resolve parenting time problems.  If one parent denies parenting time, the other parent can go to court to request more parenting time or even to change custody.  The court will look at whether or not there was a good reason for denying parenting time. Abuse of the children would likely be a good reason to deny parenting time.  


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I provide legal services for families facing family law issues in Amherst, Springfield, and Western Massachusetts. I specialize in mediation, uncontested divorce, out-of-court divorce negotiations, and divorce consulting and document review. I will work with you to arrive at solutions regarding child support, parenting plans, property division, debt division, and spousal support issues. I will help you to make thoughtful transitions that ensure financial stability, secure parenting plans for children, and legal closure on difficult emotional issues.
The respondent may disagree with the relief asked for by the petitioner and want the court to hear his or her side.  The respondent then must serve an Answer on the petitioner's attorney within 30 days of the date the respondent was served.  An Answer is a legal paper saying what the respondent says back to the Petition.  Just calling up the petitioner to say something like "I don't like this" is not an Answer.  The Answer may be mailed to the petitioner's lawyer. It does not need to be personally served.  The Answer states whether the respondent thinks the petitioner's statements in the petition are true or false.  It also tells the court what the respondent wants.
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.
We are a full service divorce mediation office. We help each couple reach agreement on all issues, then facilitate drafting, notarizing and mailing of the legal documents to the court. Kent's focus is on helping each family through this difficult change, so the family experiences less conflict, less damage to important relationships and lower f ... more
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.
Civil lawsuits- those involving land, inheritance, or services provided, are most often moved to the end of any Court’s calendar. Often, a civil matter will not be heard before a judge for more than two years after the case is filed with the Court. This long delay for justice/resolution, together with the high costs of trial, often make litigation impractical. It is not uncommon for attorney fees, expert witness fees, filing fees, court reporter fees and other related costs to exceed the amount in dispute.
Telephone or Skype Mediation: This option is usually selected if there are only a small number of outstanding issues. It is also an option if one or both spouses live out of the area. Depending on the number of issues, there may need to be more than one session. These sessions cost $145 (telephone) or $175 (Skype) per hour. (Minimum scheduled time for first session is one hour.)
Court rules now require both sides to try ways other than court to resolve their differences.  There are many other ways to reach agreements called alternative dispute resolution (ADR) methods.  Make sure you know all your choices before deciding on a method.  The parties may be asked to pay for the cost of ADR. Most ADR methods let you stop the process at any time without reaching an agreement.
If you cannot afford to pay an attorney, you may be able to get assistance from the legal services office in your area. A list of the legal aid offices in Minnesota begins on the next page. You must meet low-income guidelines to be eligible for legal services (legal aid).  You may be referred to a volunteer attorney program by the legal services office.
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.
Sometimes the respondent cannot be “served” personally with the Summons and Petition because the petitioner does not know where he or she is and has no way to find out.  In this case the petitioner can apply to the court for permission to “serve” another way—such as mailing the papers to an address where mail will likely be forwarded to the respondent or publishing a notice in a newspaper.  This special service starts the legal proceedings in cases where the respondent cannot be personally served.
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.
In addition to certain guarantees provided by law, LegalZoom guarantees your satisfaction with our services and support. Because our company was created by experienced attorneys, we strive to be the best legal document service on the web. If you are not satisfied with our services, please contact us immediately and we will correct the situation, provide a refund or offer credit that can be used for future LegalZoom orders.
The respondent may disagree with the relief asked for by the petitioner and want the court to hear his or her side.  The respondent then must serve an Answer on the petitioner's attorney within 30 days of the date the respondent was served.  An Answer is a legal paper saying what the respondent says back to the Petition.  Just calling up the petitioner to say something like "I don't like this" is not an Answer.  The Answer may be mailed to the petitioner's lawyer. It does not need to be personally served.  The Answer states whether the respondent thinks the petitioner's statements in the petition are true or false.  It also tells the court what the respondent wants.
A trickier question is whether you may record the other parent's conversations with the children. Under the doctrine of "vicarious consent," as long as a parent or guardian has "a good faith, objectively reasonable belief that the interception of telephone conversations is necessary for the best interests of the children," then he may consent to the interception (i.e. listening in or recording the call) on behalf of the children. [3] However, this can be risky, because if there is any dispute about whether your vicarious consent was in good faith or objectively reasonable, you may still end up having to defend against possible criminal charges or a civil lawsuit. The Wagner case I have cited, for example, was a civil lawsuit by a one parent against the other parent who had recorded telephone calls between the children and herself. The Court allowed that lawsuit to proceed because there was a genuine issue of material fact as to the motivations of the parent who had made the recordings. I don't recommend recording any such phone calls without first consulting a lawyer.

Go over the pros and cons of mediation, as opposed to other methods. Whether it’s in person at a coffee shop, over the phone, via text messages, or through email, the first step is to agree to participate wholeheartedly. Strong-arming your spouse might get him or her to the table, but the mediation won’t be effective and you’ll end up wasting time and money.

A question is often asked as to whether there is an advantage to being a petitioner versus a respondent. There is no real difference, except that the petitioner can obviously effect when the action is started, and sometimes, in what county. If you and your spouse separate, and your spouse moves to a different county before the action is commenced, the petitioning spouse can commence the action either in the county you reside in or the new county they have moved to. There are some perceived and actual differences as to how matters proceed, depending on which county they are "venued" (commenced) in. A second implication of being a petitioner versus a respondent is that ultimately, if the matter does proceed to trial, the petitioner is required to present his/her case first. This may have some minor implications relative to the cost of preparing for trial, especially it the matter settles before the respondent presents her/his case.
This can be a very complex situation. A spouse can hide a lot of income through a business, which can greatly affect what you may be entitled to in the divorce. Further, it may not be for the best interest of both spouses if a profitable business is split up. There are many issues and pitfalls that arise when a business is involved in a divorce. You should consult with an attorney who understands both the divorce and the business issues.
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Did you know that there are other ways to dissolve a marriage then to file a traditional divorce? When parties are willing to come to the table to cooperate together, mediation may be a great option. During a divorce mediation a neutral third party serves as a mediator and can help parties decide the terms of their divorce. A Brainerd divorce mediation lawyer will be able to assist you through this process and potentially allow for a more amicable dissolution.

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...

When you have a choice, it is cheaper to cooperate with informal and limited discovery. In cases where the other party is not cooperative or not trustworthy, more formal discovery may be a necessity. Some of the formal discovery demands you receive will be objectionable. In most cases, however, it is much cheaper for you to just get the information and documents, than to pay your lawyer to argue with the other side about it. Also, don’t trickle it in piecemeal to your attorney if at all possible. Get it all together into one package, as complete and as organized as possible.
Then there are the parties who fall into the trap of thinking the best way to divide up assets and liabilities is by splitting each item down the middle. That can lead to thousands of dollars in additional fees that wouldn’t have been necessary if they had waited for an expert mediator skilled in the finances of divorce to offer alternative more efficient options.
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.
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.

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.
If there are children of the marriage, each spouse has the right to decide where the children live or go to school, whether they should see a doctor, and can make other arrangements that need to be made.  These decisions are left to the parents, as long as the children are not being hurt.  If the children are being hurt, other people might become involved —doctors or nurses, school personnel, community workers or the police.  If you do not want your spouse to take or visit the children because you are afraid the children will not be returned or will be harmed, you do not have to let the children go.  However, if there is not a threat that your spouse will kidnap the children, you should think about the children's best interests and whether it would be good for them to see their other parent.  If you are concerned about your spouse's visits, consider getting a custody order.  If there are children who were born before the marriage and there has been no adoption or custody order, the mother has sole custody in Minnesota until there is a court order to the contrary.
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