A legal annulment should not be confused with a religious annulment.  For example, a Catholic may not be permitted to remarry in the church if the church has not determined that the first marriage is null and void.  This type of annulment is granted by the church, and has no legal effect according to Minnesota law.  Likewise, a legal annulment or divorce may not affect how the church looks upon the marriage.
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.
This shortsighted approach overlooks many things, the first of which is the obvious waste of money. It’s important to ask yourself if the asset is really worth the fight. Divorce leaves most people with fewer assets than they had during marriage – why spend what you have left on attorney’s fees? It also overlooks the possibility that with more property on hand, the other spouse will be able to contribute to college costs and other child-related expenses. Finally, property allocated to your spouse may also reduce the need for alimony.
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Negotiating agreements isn't always linear. You may start at what feels like the end, and you may find yourself needing to gather more information at various points. The mediator will help you to stay on track and brainstorm options, will encourage you and your spouse to express your opinions, positions, and what's important to you, and will help you listen to each other in ways that will make a resolution more likely. (You may be able to use some of these communication tools in your ongoing parenting relationship.)

Negotiating agreements isn't always linear. You may start at what feels like the end, and you may find yourself needing to gather more information at various points. The mediator will help you to stay on track and brainstorm options, will encourage you and your spouse to express your opinions, positions, and what's important to you, and will help you listen to each other in ways that will make a resolution more likely. (You may be able to use some of these communication tools in your ongoing parenting relationship.)

Unless your lawyer thinks it's important that you be represented, try the first session without your attorney. (If your spouse is insisting on having an attorney present, you'll want to do the same.) If you're not represented, but you've asked a lawyer to be your consulting attorney just for purposes of mediation, then you'll likely attend the first mediation session on your own. Either way, if you go by yourself and then you find that you can't state your position clearly or stand up for yourself alone, then consider bringing your lawyer to later sessions.
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.
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.
Through a series of joint sessions we work through the three main components of a legal divorce settlement (property division, financial support and parenting plan). Generally speaking we follow these steps: 1) make an action plan and prioritize issues to be addressed; 2) determine what information needs to be gathered and shared; 3) assess if additional professional assistance from appraisers, accountants, therapists, attorneys, etc. is needed; 4) share and document your property (assets and liabilities); 5) make decisions about dividing your property; 6) create budgets for separate living; 7) determine financial support needs (child support and/or spousal maintenance/alimony); and 8) develop a detailed and workable parenting plan. In all cases, your personal and private information is treated confidentially with the same care and concern as in the legal process. The final product of mediation is a Memorandum of Agreement which is a comprehensive document detailing your agreements and which serves as the basis for your legal documents which are filed with the court.
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.

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 same analysis applies to debts. Debts incurred prior to the valuation date are generally marital, regardless of who incurred them. Debts incurred after the valuation date are generally separate. If your spouse is charging up the credit cards like a drunken sailor, it is in your interest to expedite the divorce proceedings to lock in the default valuation date.
In this stage, the tentative settlement agreement is put into writing and circulated to both spouses for review with their advisers. If the issues in your case are simple, the mediator may prepare a memorandum outlining your settlement and give you an opportunity to sign it before you leave the mediation session in which you finished up your negotiating. The memorandum can summarize the essential points of agreement and can be used as a basis for preparing a formal settlement agreement that will be filed with the court as part of the now-uncontested divorce case.
A party who is dissatisfied with the court's decision may ask the trial judge to change his or her decision or set a new trial or appeal to the Court of Appeals.  No new evidence or testimony is taken by the Court of Appeals.  Appeals are hard to win.  Usually when the Court of Appeals overrules a trial judge, it is because the Court of Appeals believes the trial judge made a mistake about the law.
Going through a divorce can be one of the toughest times in your life. You need a lawyer who understands what you're going through and who can help you look at the practicalities as well as the legalities you need to deal with. You need a lawyer who can be aggressive and fight for what you are entitled to, but who will also be honest with you about what is reasonable in the eyes of the law.
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.
In any case where parties cannot agree about custody or parenting time of the children, the court will require the parties to attend an orientation and education program. Some courts have programs for children to attend. The program covers the impact that divorce and the restructuring of families and legal proceedings have upon children and families. It will also cover methods for preventing parenting time conflicts and options for resolving disputes. 
Resolutions emerge from the mediation that are created and accepted by BOTH parties. The resolution will reflect each party's individual values and unique needs. Our experience has shown that settlements created with full participation of the parties, in face-to-face negotiations, are more likely to satisfy the needs of all parties and be honored in the future because they have crafted it themselves.
A family law mediator is a neutral party specially trained to help couples resolve the issues in their divorce. The mediator facilitates the communication between the parties by making sure each party is given an uninterrupted time to speak, asking a party to restate or explain a point when necessary, and asking questions to make communication clear. The mediator also provides information about the legal system, how issues may be viewed by lawyers or judges, and what alternatives there are for solving issues. When necessary, the mediator will refer the couple to third party experts for services such as appraisals.
Once a decision to start a divorce action is made, one party will serve two documents, one titled "summons" the other titled "petition". The person starting the action is referred to as the petitioner; the other party will thereafter be referred to as the respondent. Occasionally, however, in very amicable divorces the parties may agree to act as "co-petitioners." A petition most typically is served by having a person other than the petitioner hand a copy of the petition to the respondent. It occasionally can also be served by mail subject to certain requirements. Many times, arrangements can be made ahead of time so that your spouse is aware of the time and location he or she will be served with a summons and petition, although unfortunately sometimes service comes as a complete surprise.
Mediation is a forum in which a neutral mediator facilitates communication between parties to promote reconciliation, understanding, and settlement. Mediation is particularly suited to divorces and other family law proceedings because there is likely to be a continuing relationship between the parties, especially if minor children are involved. Many divorcing couples find mediation allows them to avoid the high financial and emotional costs of a litigated divorce. Because settlement is generally quicker, costs are reduced.

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).
Mediation offers a quite different approach to resolving conflicts between the parties. A neutral third party-the mediator- assists the parties in sorting out their affairs and comes to a mutual agreement in a confidential private format. Mediation is a solid option even for those that are having trouble with communication. It is a cost-effective process and it avoids the legal war of going to court.
Courts do not usually deny requests to dissolve a marriage, even if that request is only coming from one spouse. Nevertheless, if your spouse wants a divorce but you don’t, you can argue that the marriage is not “irretrievably broken” at the evidentiary hearing. The district judge will make the determination; however, most divorce attorneys will tell you not to be optimistic about your chances of stopping the divorce by making this argument, assuming one spouse still wants the divorce.
Divorcing spouses who have a business may find it even harder to ensure their business continues to run smoothly during this difficult time. Family issues can intrude into the workplace, and if the business is shared by one spouse’s family, the tensions can increase exponentially. In this instance, divorce-mediation can help the spouses sort through the issues related to the business without costly litigation which also compromises the future of the business.
What is the difference between legal separation and divorce in Massachusetts? Spouses can live separately, but there is no “legal separation” status in Massachusetts family law. You are either married or divorced. It is, however, possible to be married, live separately, and receive “separate support” for spousal support or child support. This requires filing a Complaint for Separate Support.
2. In divorces, there is inevitably a process of “discovery,” where each party requests information and documents from the other party. Sometimes this is informal and limited. Other times it is formal, comprehensive, and terribly time-consuming for the parties themselves (to gather the information), and for their lawyers (who must review the responses and put them together in proper legal form). Because most attorneys are sloppy and lazy with formal discovery, they request much more than is really necessary to settle a case, just to cover their butts and to avoid the work of tailoring the discovery demands to each particular case, or just to make the process more onerous for the other party.
To ensure you cover everything, create a master list of all your assets and possessions—regardless of whether an item is thought to be yours or your spouse’s. The master list should include all real property (house, rental properties, vacation homes), personal property (books, DVDs, furniture, artwork, jewelry), vehicles (including boats, motorcycles, ATVs), bank accounts (joint and separate, checking, savings), credit cards, retirement accounts, life insurance policies, annuities, stocks and other financial products. Account for everything you own.

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:
Most state courts require you to submit a financial affidavit during the dissolution process. Be sure to check your local rules or consult with an attorney. It’s paramount to complete your financial affidavit accurately, as that information can be held against you later. Creating a rough draft early in the information-gathering process will ensure that your final version will be error-free. It also serves as a roadmap of the financial factors to cover during mediation.

Marital property is defined as property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation.
Many people think that when a couple wants to live apart they have to get a "legal separation." This is not true.  Often couples live apart for awhile before they decide to get a divorce.  This is not "illegal."  Legal separations are for people who do not want a divorce (usually for religious reasons).  They still need a legal paper to settle custody, support, and property questions.  The court makes the same kinds of decisions that it makes in a divorce.  However, the couple remains married, and the division of property is not final.
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