Very few things in any family law issue are black-and-white. Our job is to step back and help you look at the larger picture in terms of what you have to get out of your divorce versus what might be emotionally driven. We sit down with you to discuss whether what you are asking for is worth pursuing and how a judge might handle a situation if your case ends up in litigation.
Attorney fees vary from hundreds of dollars if the case is easy to thousands of dollars for cases with custody and/or property disputes.  It is important that you understand your payment arrangement with your attorney.  Many attorneys charge an hourly fee for their services.  You will be charged each time the attorney works on your file.  Ask your attorney for a written “Retainer Agreement” or letter which explains in detail how you will be charged for legal services.
This booklet explains your rights in a Minnesota divorce and includes information on custody, parenting time, child support, maintenance, abuse, and division of property.  This booklet does NOT tell you how to get a divorce without the help of an attorney.  Divorce law is complicated and changes often.  Each case must be handled differently.  Unless your divorce is very simple, it is usually a good idea to have an attorney.

1.     You just might settle the case.    The parties involved have the most information about their situation, and therefore are in the best position to craft a creative solution specifically tailored to them.  Judges, on the other hand, are bound by case law, statutes, and rules and must provide a solution for the parties that fits within this framework.

You can access most of the necessary divorce forms at the Minnesota Judicial Branch website. Remember, there may be additional documents required by your county's circuit court, so please check with your circuit court before filing to assure that you have all the correct forms. If you feel like you need more help, you can use Rocket Lawyer to Find a Lawyer who's right for you.

James Rainwater has provided professional neutrality for court-ordered and private mediations since 2002. He is qualified to conduct both General and Family Law mediations. Mr. Rainwater is experienced in mediating matters involving Family Law, Child Abuse and Neglect, Insurance, Contract Disputes, Personal Injury, Real Estate, Probate, Property ... more
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:
During a divorce, either party can petition the court to pay alimony or “spousal maintenance” to the other. Minnesota laws provide for this type of assistance so the lower earning spouses can maintain the same reasonable standard of living as before. Generally speaking, a court will be more inclined to order a longer period of alimony when the marriage was longer in duration.  
No case is too complicated to be settled using mediation. Often times the “complicated” cases are the cases which in the context of the adversarial legal system, cost the most, last the longest and create the most extreme long-term negative impacts for all involved. If you believe your situation is complicated, do yourself a favor and begin with mediation. Additional professional assistance within the context of mediation is always available in the form of accountants, appraisers, financial planners, therapists, child specialists, and attorneys
Conversely, there is no way to finalize your divorce through mediation alone. Even if you reach a tentative agreement in mediation, this agreement must be formalized in a written stipulation, signed by both parties and their attorneys, and ultimately approved by the Court. [2] This signed stipulation — not your verbal agreements from mediation sessions — is what becomes the enforceable terms of your divorce, and should be prepared or at least reviewed and revised by your lawyer before you sign.
Mediation is paid by the hour, and the parties generally split the fees equally, or pay the fee out of a joint account.    The fees are paid in full either in advance or on the day of mediation.  If the parties don’t finalize an agreement during the mediation, the fees paid may include time for the mediator to prepare a written summary, which is provided to both parties.

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.
If you can prove that an item of property was "non-marital," the court will not usually award that property to your spouse.  Non-marital property is property owned by one of you before your marriage, or was a gift or inheritance to you alone during your marriage.  Portions of a personal injury or Workers Compensation award might also be non-marital.  The court may award non-marital property to the non-owner spouse only if it would cause unfair hardship or under other limited circumstances. 
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.
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.
I have practiced family law my entire 24-year career as a litigator and a mediator. I am licensed in Minnesota, California and Colorado. After spending time in courts in 3 states, nothing surprises me anymore. I enjoy being an advocate for my clients and guiding them successfully through the legal process be it a divorce, child custody, spousal maintenance or property matters.
James Rainwater has provided professional neutrality for court-ordered and private mediations since 2002. He is qualified to conduct both General and Family Law mediations. Mr. Rainwater is experienced in mediating matters involving Family Law, Child Abuse and Neglect, Insurance, Contract Disputes, Personal Injury, Real Estate, Probate, Property ... more
Joseph Cordell, licensed in MO and IL only. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Kimberly Lewellen licensed in CA only. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. Jerrad Ahrens licensed in NE and IA only. Lisa Karges, Florida Resident Partner - Tampa, FL. Giana Messore licensed in AR only – Little Rock, AR. Phyllis MacCutcheon licensed in CT and NM only. Office in Ridgeland, MS.
The flowchart below gives an overview of different processes for completing a divorce in Massachusetts. In 95% of divorce cases in Massachusetts, the final terms of the divorce are agreed upon in a separation agreement that is written up outside of court and presented to a judge who approves it in a 20-minute hearing. There are very different routes, however, for reaching this separation agreement and brief hearing. In many cases, there are court actions–litigation or “contested divorce” processes–before a couple agree on the terms of the divorce in a separation agreement.
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.

After the mediator has gone over the basics, you'll get a chance to make a short statement about your situation, as will your spouse. After you've each had a chance to speak, the mediator is likely to ask some questions to clarify or get more information. The mediator may also reflect back what you've said, to be sure that both the mediator and your spouse have understood all of your points. The same will go for your spouse.
Temporary maintenance and temporary support may be awarded in a proceeding brought for legal separation. The court may also award to either party to the proceeding, having due regard to all the circumstances and the party awarded the custody of the children, the right to the exclusive use of the household goods and furniture of the parties pending the proceeding and the right to the use of the homestead of the parties, exclusive or otherwise, pending the proceeding.
I have been an attorney for 23 years, working exclusively in the area of Family Law. After an initial start handling workers compensation cases, I spent nine years as an assistant county attorney handling child protection, child support, juvenile delinquencies/truancies, guardianships/conservatorships and mental commitments in Southern Minnesota. In the late 90's I headed up a special grant to develop and teach battered women's advocates in basic housing laws along with handling housing and divorce cases. In 2000 I spent 7 months handling bankruptcy cases for families in financial crises. Since 2001, I have worked exclusively on family law matters involving...
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.
×