Courts may take title into account when determining whether a particular asset has maintained a non-marital component. For example, if one spouse amassed sizable savings before marriage and kept it all in a separate, individual account held in his or her name only, the separate title on the account may prove that spouse intended to preserve the non-marital nature of the savings.
In this first stage, the mediator works with you and your spouse to lay a foundation for the rest of the mediation. You give the mediator background information about your situation, and the mediator explains how the mediation will be conducted. Depending on how well you and your spouse communicate and what the issues are in your case, the mediator suggests an approach that should optimize the chances of reaching an agreement. You'll assess the issues on which you and your spouse agree or disagree, helping you to work together on an agenda for the rest of the mediation.
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.
1. If custody or parenting time is in issue, don’t move out without first getting an enforceable written stipulation addressing custody and parenting time after the move-out. The key is to have in place at least an interim parenting time schedule which affords you at least as much parenting time as you hope to obtain through the court. Otherwise, the longer you acquiesce to a pattern of parenting time that is less than you desire, the more of an argument the other party will make of it against you. Often arguments like the following are heard:
Early Neutral Evaluation (ENE) in Family Court Cases - For parents who are getting divorced, this statewide program connects them with judges and evaluators early in the court process to give them an opportunity to settle their legal issues. Parties can choose to participate in one or both types of ENE: a Financial ENE (FENE) to settle financial disputes; and Social ENE (SENE) to settle custody and parenting time issues involving their children.
The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.
The mediator will also ask you and your spouse to bring in financial documents such as tax returns and bank and mortgage statements. As you progress, the mediator will summarize the information being assembled. If you agree that additional research is needed or a neutral expert is to be consulted, that will go on a “to do” list. This second stage of the mediation can span two or more sessions, especially if you need to do outside work to obtain additional information or appraisals. If you feel that you already know enough about your situation and have definite ideas on how to work out a settlement, you may find yourself impatient with this stage and anxious to move ahead with the negotiations. Even though you may want to rush on, the mediator’s job is to make sure that both you and your spouse have all the facts and information you need to negotiate an agreement that is legally binding and that you won’t regret having signed.
Remember that even though your children may be small today, as they grow up your roles as parents will change. You may have to consult with each other on important life decisions such as medical needs, or see each other at milestones like graduations, weddings, and the birth of your grandchildren. Learning to effectively co-parent early on will help you years down the road.
Jerry has devoted himself exclusively to the practice of divorce and family law in Minnesota since 1993. He practices in all areas of family law including divorce, custody, child support, paternity, grandparents' rights, mediation, appeals, and same sex cases. Jerry is particularly experienced in representing clients in interstate and international divorce and child custody, and frequently advises other attorneys on these issues. Jerry's practice includes collaborative law and alternative dispute resolution. He is the author of the first Minnesota divorce and family law blog in the state, a recurring author for the Minnesota Association for Justice Magazine, and...
If the non-custodial parent does not pay the child support ordered, there are three main ways of enforcing the order. All of these methods are complicated. You should try to find an attorney to help you. You can hire an attorney, or you can ask for legal help from the child support enforcement office of your county. This office is sometimes called Support and Collections orthe IV-D (4-D) unit. Please see our Child Support booklet for more information.
In today's depressed real estate market, I often encounter the situation where a spouse had a non-marital interest in the marital homestead at the time of marriage; but at the time of divorce, the house is upside down. So the question arises as to whether or not the spouse who formerly had the non-marital interest is entitled to any kind of credit in the overall divorce property settlement.
It is important to remember that the child support obligation terminates automatically at this time.  The obligor doesn’t need to return to Court to stop it. He just needs to stop paying. That said, if payment is through automatic income withholding, it is a good idea to alert your child support case worker in advance of the termination date, to be sure they don’t overlook it and continue withholding the money from your paycheck.