Dan is a leader in the field of transformative mediation. He is the author of the chapter on divorce mediation in the Institute for the Study of Conflict Transformation's ("ISCT") TRANSFORMATIVE MEDIATION SOURCEBOOK. He is a Past Chair of the Minnesota State Bar Association's Alternative Dispute Resolution Section. He served for 6 years on the Mi ... more

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.
If your ex-spouse is ordered to pay a debt but doesn't pay it, the creditor may force you to pay it if you originally signed for the credit.  This can happen no matter what the divorce decree says.  If that happens, you can ask the court to order your ex-spouse to pay you back.  The court can also find your ex-spouse in contempt of court for violating the court's order.
Fill out and file Financial Statements. These statements document a) income, b) assets (house, cars, pensions, etc.), c) living expenses, and d) debts. There is a Long Form version if your annual income is over $75,000, and a Short Form version if your annual income is below $75,000. These forms disclose financial information that is necessary for coming to an agreement on Division of Marital Assets, Child Support, and Alimony (see Separation Agreement, below).
Ms. Kugler practices exclusively in the area of family law. Karen works toward equitable settlements, but is skilled in trial advocacy. Karen discusses the risks and expense of litigation with her clients. She is a knowledgeable, empathetic, and assertive legal advocate and handles all family law issues: spousal maintenance, child support, property division, and custody at the trial and appellate levels. Karen is past Chair of the Minnesota State Bar Association (MSBA) Family Law Section and is a past Co-Chair of the RCBA Family Law Section. She is a frequent writer and speaker regarding family law, co-authoring the Child Support...
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.
That said, although the legal impact of the physical custody label is debatable, if you are the primary parent, it is still preferable to have sole physical custody than joint physical custody. Conversely, if you are not the primary parent, it is still preferable to have the joint physical custody label than not to have it. This is because of the uncertainty over how a future court, evaluator, parenting consultant, guardian ad litem or others might interpret that label.
In some cases, the court may order spousal maintenance for a limited time while the spouse returns to school or trains for employment.  Permanent spousal maintenance may be awarded if the court finds that one of you will not be able to adequately support yourself.  The court will consider age, health, education, work experience, skills and other factors.
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.
Once the decision to mediate is made, it is necessary to find a mediator. Many counties have community-based or court-annexed mediation centers. If the mediation is court-ordered, the court may appoint a mediator, or will allow the parties to agree upon a qualified mediator. Both lawyers and non-lawyers serve as mediators. The fees charged vary from mediator to mediator and from case to case.
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.

Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you in a way that helps you to work together as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced. Mediation brings about communication between the couple, which can then be used when they must discuss issues in pertaining to the children. Lack of communication may have been one of the main reasons for their divorce. Mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and make their post-divorce relationship better than their married one.


The first opportunity for the Court to decide custody is normally at the temporary relief hearing. In Hennepin County, this can easily be four months or more from the date of filing. In other counties, it can be much speedier, as in Dakota or Scott County, where a temporary relief hearing date is normally available within about 3 weeks. Once the motions for temporary relief are heard, the Court has 90 days to rule, although they normally get temporary orders out within two to four weeks.
You'll then attend the first meeting—usually held in a conference room or comfortable office—where the mediator will explain what you can expect from the process. For example, the mediator may tell you that everyone will be in the same room for the entire mediation or that you'll meet in separate sessions so that the mediator can get your views or positions in private. The mediator may also take care of some housekeeping business—for example, ask you to sign an agreement that says that you'll keep what's said in the mediation confidential and that you understand that the mediator can't disclose any of what goes on there if there's a court proceeding later on. At the same time, the mediator will try to make you feel comfortable by establishing a rapport with both you and your spouse.
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
To sum up, these misconceptions about divorce mediation really highlight some of the many advantages of mediating your divorce. Because the format is highly adaptable and collaborative, the parties will be supported and assisted in working cooperatively to resolve their issues. Through the process, they will make agreements that they choose to live by and will be best prepared to go forward in a productive and positive manner. Best of all, they will have avoided the expense and stress of a long, protracted court battle. In the end, almost every divorce case is suitable for mediation despite these common misconceptions.
For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney's track record in bringing about quick, successful resolutions to cases similar to yours.
The size of the estate doesn’t always correlate with the overall fees incurred. Dividing property is not always a major issue between spouses. Some couples with substantial marital estates manage to divide assets with minimal fighting or attorney’s fees. Once they’re informed of their rights, how the law works, and what a court would likely do, they divide property accordingly. These individuals appreciate the wisdom of avoiding unnecessary legal expenses.
If you want to exchange the product you ordered for a different one, you must request this exchange and complete your replacement order within 60 days of purchase. The purchase price of the original item, less any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order, will be credited to your LegalZoom account. Any payments made directly by you to attorneys affiliated with our legal plans or attorney-assisted products are not eligible for exchange or credit. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 60 days of purchase, the full original purchase price (in each case less any money paid to government entities or other third parties) will be credited to the original form of payment. If you paid for your original order by check, LegalZoom will mail a check for the applicable amount to your billing address.

After graduating law school in 2010, Sonja secured a judicial clerkship in Hennepin County Family Court. She worked on high asset divorce cases with complex financial matters as well as high conflict custody disputes. Sonja learned firsthand how judicial officers decide cases and what makes a family law attorney effective inside and outside of the courtroom. After clerking, Sonja worked for a large, national law firm where she gained a tremendous amount of experience. Sonja is empathetic, detailed, and aggressive when necessary.

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.
Mediation is non-binding. This means that the mediator has no authority to force either party to agree to anything at all. Too often people come to me after the fact, complaining that the mediator forced them to agree to something. Just remember that no matter how much they may try to tell you that your position is unreasonable, or that the Court would never side with you, you do NOT need to agree to whatever it is they are pushing for.

If you're not satisfied, simply call us toll-free at (800) 773-0888 during our normal business hours. All requests made under this guarantee must be made within 60 days of purchase. We will process your request within 5 business days after we've received all of the documents and materials sent to you. Unfortunately, we can't refund or credit any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to attorneys affiliated with our legal plans or attorney-assisted products.
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.

The attorney representing either the petitioner or the respondent can schedule a temporary relief hearing. The other party must be served with motion papers, including a Motion for Temporary Relief and an Affidavit.  Affidavits are written statements signed under oath.  The motion papers are legal papers requesting temporary relief from the court and stating the facts on which the request is based.  These facts include the income and expenses of each party, who has the children now and why they should be in the custody of the party asking for temporary custody.  The motion papers must be mailed or handed to the other party before the hearing. There are certain time periods for giving notice to the other party before the hearing that must be followed when bringing and responding to motions. The petitioner's attorney often has the motion papers served at the same time as the Summons and Petition.

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.
Judges, evaluators, and guardians will often pontificate about the virtue of compromise and settlement, as if this were the ultimate objective of any reasonable person, rather than as a means to an end. They speak as if both parties are equally to blame for a failure to settle, when in fact such failure is often the result of only one of the parties, who is being excessively greedy, obnoxious, stubborn, or selfish.

If you're not satisfied, simply call us toll-free at (800) 773-0888 during our normal business hours. All requests made under this guarantee must be made within 60 days of purchase. We will process your request within 5 business days after we've received all of the documents and materials sent to you. Unfortunately, we can't refund or credit any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to attorneys affiliated with our legal plans or attorney-assisted products.

In a very limited number of divorce mediations, one spouse feels the mediator favors the other spouse. In such a case resolution is unlikely to occur. If a spouse is concealing issues during mediation, the mediator cannot compel him or her to reveal such things as accurate assets or income. In contrast, an attorney can depose the spouse, require financial information or even counsel the client to hire a forensic accountant. Divorce mediators don’t have the authority a judge has, meaning the success of the mediation is wholly dependent on the cooperation between the parties.
Basic support is for the child's expenses, such as food, clothing and transportation, and does not include payments on arrears. It is calculated by multiplying the paying parent's percentage of the combined Parental Income for Determining Child Support (PICS) by the combined basic support amount. If a court orders parenting time to the paying parent of ten percent or more, he/she may receive a deduction from basic support, based on the percentage of court-ordered parenting time.
Although each mediator has his or her own approach, most mediations tend to move along the same lines. You'll usually start with a phone call in which you'll speak with the mediator or an assistant and provide background information about your marriage, your family, and what the issues are. Some mediators want a great deal of basic information before the mediation begins, while others prefer to gather all of the information in the first meeting when everyone is present.
The law allows parents to make voluntary parenting plans.  A parenting plan is a plan voluntarily designed by both parents based on the best interests of the child.  A parenting plan must include a schedule of the time each parent spends with the child, who will make specific decisions regarding the child, and a way to settle disputes. An agreed-upon parenting plan may use terms other than “physical” and “legal” custody but it must clearly state if the parents have joint legal custody or joint physical custody or which parent has sole legal custody or sole physical custody.
×