Mediation allows you to discuss these important issues in a safe and constructive environment. It also allows you to easily exchange the documentation necessary to verify the value of your assets and debts. Mediation is not a way to side-step the law, it is a process which allows you to control your own future and ensure the best possible outcomes for you and your children. Click here for Divorce Mediation FAQs.
If you are trying to obtain your dissolution on your own and there are children involved, you will be required to have at least one hearing in front of the judge. You will have to use the generic documents provided by the courts such as the Petition for Dissolution of Marriage and Judgment and Decree. These documents will not be specific to your needs or specific fact situation.
The United States is one hot destination. Whether the lure is Hollywood, the Statue of Liberty or the world's highest standard of living, people pour over American borders every day, searching for a good time or a better life. To do either, every one of these people is legally required to have a visa, issued by the United States Department of State. If someone comes to the United States without a visa, or stays after his or her visa is expired, that person is breaking the law.
Spousal maintenance is money paid to support an ex-spouse. Either spouse can ask for spousal maintenance, but the court will not award spousal maintenance unless there is a need for it. Spousal maintenance may be granted for several reasons. These include disability or illness or not having worked outside the home for a number of years. If there is a large difference between your income and that of your spouse, you may be in need of spousal maintenance.
Kallemeyn & Kallemeyn, Attorneys at Law, provides services to clients in the Twin Cities and the Northern Suburbs such as Coon Rapids, Blaine, Anoka, Andover, Ham Lake, Chaska, Hopkins, Plymouth, St. Louis Park, Chanhassen, Wayzata, Shakopee, Maple Grove, Edina, Eden Prairie, Columbia Heights, Crystal, Golden Valley, Richfield, Bloomington, Shorewood, Brooklyn Center, Roseville, Minnetonka, Minneapolis, and St. Paul Minnesota.
Anita Motolinia is a conflict resolution professional solely dedicated to the practice of mediation. Based in Minneapolis, Anita Motolinia Mediation serves people throughout Minnesota and the United States. She specializes in workplace, family owned business and divorce mediation. Her extensive mediation experience and training allow her to use a w ... more
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The next step will be to assess where you and your spouse agree and where you need some work to get to agreement. Once you have a sense of what needs to be accomplished, you, your spouse, and the mediator will plan how you're going to accomplish it. It's very likely that you will need to gather more information, especially if you're dealing with property issues as well as child custody questions. (For example, if you don't know the value of your house, you can't have an intelligent discussion about a buyout.) The mediator will help you figure out what information you need and ask each of you to commit to bringing certain things for the next session.
If you’re struggling with coming to terms with the fact that you need a divorce, now is the time to speak with a professional who has literally been in your shoes. Our owner Jeff Johnson has been through a divorce himself and understands the emotional toll it can take on a couple. If you’re tired of fighting and ready to put the past behind you, reach out to Jeff today to setup a free one-hour consultation. He can be reached by phone at 952-401-7599 or you can reach Jeff directly at email@example.com. Jeff looks forward to hearing from you soon.
Clients often ask whether they should move out of the marital home prior to or during the commencement of divorce proceedings. The answer is very clear: “it depends”. Generally speaking, if child custody, parenting time, or possession of the home might be an issue in the proceedings, I advise against it. Although no legal precedent is created by moving out, the lawyer for the remaining occupant routinely argues that:
In order for the mediation to be successful, you, your spouse, and the mediator all need to be as fully informed as possible about the facts of your case. This is the information gathering stage. Sometimes it begins during the first session; sometimes it starts after that session. If information that you and the mediator need is unavailable or in dispute, the mediator will try to help you find ways to get it or to determine what is correct. For example, you might need the policy number and other details of a life insurance policy. If you can’t locate your copy of the policy, the mediator might suggest ways to get this information, such as contacting the broker who sold you the policy or writing to the insurance company.
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.
Following trial and final written submissions, the judicial officer is allowed up to ninety days to issue written "Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree" which is the legal document dissolving your marriage and deciding all issues involving your children, property division, child support, spousal maintenance and attorney fees. After the issuance of the Judgment and Decree, Minnesota Law has a set procedure and time limit to allow either party to ask the court to correct any perceived or actual errors; to argue to the court to change its' decision; or, to argue that based on alleged errors, a new trial should take place. Although a new trial is rarely granted, it is not uncommon, especially when presented with complex issues, for the Court is slightly amend its' decision following the original judgment and decree.
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 you do move out, take steps to guard against destruction of property. Videotape the contents of the home (e.g., furniture, art and other valuables) and make copies of important documents (birth certificates, account statements, deeds and insurance policies) before you leave. You may also consider taking your own family heirlooms and other personal, irreplaceable items with you.
Usually the petitioner's attorney calls the petitioner's witnesses first. Each witness is sworn under oath and answers the attorney's questions. Then the other attorney may question the witness. Sometimes the court may ask questions. Sometimes the petitioner's attorney will ask additional questions. When the petitioner's attorney has called all of his or her witnesses, including the petitioner, the attorney tells the court that the petitioner rests his or her case. Sometimes the attorneys will present their argument in writing.
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.
Emptying the joint bank checking or savings account in anticipation of divorce would ordinarily be frowned upon, unless you had a very justifiable reason. Be warned, however, that your spouse may beat you to it. I’ve seen joint bank accounts cleaned out by the other party many times, and many times there is unapproved spending by the other spouse as the divorce approaches. Although this can be accounted-for and compensated-for in the divorce property settlement, it can still cause great difficulty if you need the money during the pendency of the proceedings and have to litigate to get any of it back.
John grew up in Bloomington, MN and graduated from Jefferson High School in 1985. He attended Mankato State University on a football scholarship before attending Indiana University School of Law and receiving his JD with honors in 1992. He moved his office to Burnsville, MN in 1994 and has remained in the same location for over 20 years. At Burns Law Office our practice is limited to family law matters such as divorce/separation, child custody, child support, father's rights, alimony/spousal maintenance, prenuptials and related matters. John is one of the most respected and experienced attorneys in...
The court may restrict parenting time if the parent seeking parenting time may harm or kidnap the children. The court can do this by limiting the hours of parenting time or limiting the place where parenting time can take place. The court can require that he or she only visit when another person is present (supervised parenting time). In very rare cases, parenting time may be denied altogether.