As a mediator, I have found that custody mediations are frequently transformative. Parties deal with the fact that they'll have an ongoing relationship as parents. And they realize that when it comes to the kids, they can be on the same side. The result? Parties come up with a parenting plan they've jointly agreed on and gain tools to communicate with each other about their children. And research shows that parents who mediate have a better long-term relationship with their children.
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Minnesota Divorce and Family Mediation is committed to helping clients determine their own divorce settlement, customized to their specific situation and standards of fairness. Mediation is an option that allows divorcing couples to maintain control over their decisions at a lower cost. Mediation is also an effective choice for never-married couples and for those experiencing post-decree conflicts.
We are a full service divorce mediation office. We help each couple reach agreement on all issues, then facilitate drafting, notarizing and mailing of the legal documents to the court. Kent's focus is on helping each family through this difficult change, so the family experiences less conflict, less damage to important relationships and lower f ... more

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.


In addition to being a Qualified Neutral under Rule 114 of the Minnesota Rules of Practice, Charles Kallemeyn is Certified as a Real Property Specialist by the Minnesota State Bar Association. He has practiced law in the real estate and probate areas for more than 18 years; this experience gives him the background to help you resolve any of the following disputes:
Any information disseminated on this website does not constitute legal advice of any kind,and does not form the basis for an attorney-client relationship. As such, the reader of such information is advised to consult directly with a competent legal professional of their own choosing to discuss and answer any substantive legal questions they may have.
Minneapolis family law attorney Geri Napuck delievers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.
Just because an asset is titled in one spouse’s name does not mean that asset belongs exclusively to the title-holding spouse. How you acquired the property determines whether property is marital or nonmarital, which determines how (or whether) the property will be divided. Marital property includes assets purchased or paid for during a marriage. Marital property will usually be divided between spouses. Non-marital property is different, however. Nonmarital property includes assets that are acquired by only one spouse, either as a gift or inheritance, as property the individual brought into the marriage, or in some instances, that one party acquired alone during the marriage. An attorney can help you figure out what property is marital and what is not. An attorney can also advise you about how to protect your assets in a divorce.
There are several key advantages to mediation of divorce and other family law related disputes. First, you know what is best for you and your family. You live your life. You understand your financial circumstances. You know your children. You are best equipped to make decisions about your future. If you place your dispute in the hands of the court, a judge who knows very little about the details of your life will make decisions for you and, in most cases, you will have no choice but to live with that decision.
To get a no-fault dissolution in Minnesota, you need to state in the Petition for Dissolution of Marriage that “there has been an irretrievable breakdown in the marriage relationship.” Also, one of the following must exist: (1) serious marital discord adversely affecting the attitude of one or both of the parties toward the marriage, or (2) the parties have been living separate and apart for 180 days before filing.
Historically, courts would only grant a divorce if one spouse could prove the other's wrongdoing - for example, by presenting evidence of adultery, abuse or failure to support. Fortunately, those times are long past. Minnesota is now a no-fault state, which means you don't have to prove fault-based grounds to get a divorce. It's enough to assert that irreconcilable differences caused the marriage to break down.
Divorce in Minnesota is called dissolution of marriage. A dissolution for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise. If there are minor children, the issues of child custody, visitation, and support will need to be resolved.
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
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Don’t ignore it! First, you should read the Summons and Petition completely and decide whether you agree with what it says or not. Second, you should make sure you note any hearing dates. This will give you your timeframe for responding the the Petition. If you do not go to the hearing, the case will end in a default decision and your spouse will receive whatever he or she asked for in the Petition. If you have any objections, or if you do not understand what the Summons and Petition say, contact an attorney for guidance.

Patrick C. Burns is an experienced lawyer with a comprehensive practice of real estate, family, and general litigation. Mr. Burns has extensive experience in the courtroom, and is known for his focused and intense advocacy for his clients. He is one of the few attorneys to successfully appeal an intent to revoke a housing license in Hennepin County and regularly represents landlords in all types of leasing, licensing, and litigation matters. He has successfully foreclosed on hundreds of liens and regularly advises homeowners' associations on declarations, amendments, and remedies in collecting dues. He is also an experienced family law litigator...
Some find it helpful to make a list of marital events, in the order they occurred, as well as a list of the current disputes and another list of the outcomes you would like to see. Whether you put it on paper or not, have a list in your head of which issues are most important to you and which are the least important. Being prepared and on time is key to the success of the divorce mediation. You must also be prepared to talk to your spouse. If you have had trouble communicating in the past, your mediator will be there to facilitate communication. While it is important that you set goals regarding what it will take to resolve the case or the individual disputes, it is equally important you remain flexible. You may be surprised at some of the things you find out during mediation which change your perception of the entire issue.
The parties in a mediation are not required to reach an agreement, and sometimes they don't. Whether the case settles or reaches an impasse, the mediator usually meets with the parties together at the end of the session. If the case has neither settled nor reached an impasse, the mediator will likely encourage the parties to attend another mediation session.
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.
In the mediation process, your mediator will provide you with much of the information and legal background that you need to discuss your issues. At times though, because the mediator must remain neutral, they cannot give either party advice specific to their best interests because that would be against the interests of the other party. Here, a consulting attorney, that is accessed on a limited, as-needed basis, can provide that specific legal advice to help a party decide how to best move forward in the negotiations.

Case in point: I had a client once who — contrary to my advice — chose to engage in settlement negotiations for several months prior to commencement and filing of the divorce, rather than filing first and then working on settlement. The pre-filing settlement negotiations did not bear fruit, and because of the delay, the valuation date did not occur until much later than it otherwise would have, with the result that a $180,000 dividend payment received by my client was treated as martial property, when it otherwise would not have been.
The Summons is a separate legal paper telling the respondent to answer the Petition within 30 days.  If the respondent does not, he or she is in default and the divorce is uncontested.  This means the petitioner (the spouse who wanted the divorce) may be granted the divorce and other relief requested.  The Summons also forbids both parties from selling or getting rid of any property or harassing one another.  It requires each party to maintain any insurance for the family.  If one spouse spends money belonging to both parties after receiving the Summons, he or she will have to explain to the court why the money was spent.
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.
Any information disseminated on this website does not constitute legal advice of any kind,and does not form the basis for an attorney-client relationship. As such, the reader of such information is advised to consult directly with a competent legal professional of their own choosing to discuss and answer any substantive legal questions they may have.
James W. McGill holds a Master’s Degree in Guidance and Counseling and is an honors graduate of Drake University Law School. Licensed to practice law in the State of Minnesota and the Federal Courts, McGill maintains a general practice with special emphasis in the areas of Mediation, Bankruptcy Law, Employment Law, and Alternative Dispute Resoluti ... more
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Julia actually came to my rescue twice. The first time, I was fortunate enough to stumble across her website while looking for divorce mediation. We did not have the time or money for court battles; we just needed someone to insert some sense and sanity into what is already a tricky and painful process. Julia was able to make our divorce process simple and straightforward, and we both felt like we were heard! Four years later, I contacted Julia again to help me with the next intimidating process of amending the divorce agreement. Again, I felt like she did her conscientious best to humanize and streamline the process (and save me money!) with her compassion, quick thinking, and thorough attention to detail. And as a bonus: she answered my panicked emails in a timely and kindly fashion.
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.
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.
This can be a very complex situation. A spouse can hide a lot of income through a business, which can greatly affect what you may be entitled to in the divorce. Further, it may not be for the best interest of both spouses if a profitable business is split up. There are many issues and pitfalls that arise when a business is involved in a divorce. You should consult with an attorney who understands both the divorce and the business issues.
These court actions add delays, thousands or tens of thousands of dollars of costs, and interpersonal stress to the process of reaching a separation agreement. As the chart illustrates, the only way to guarantee an uncontested divorce, with no expensive, antagonistic, and time-consuming court actions, is through divorce mediation, a collaborative law divorce process, or out-of-court divorce negotiations. Attorney Julia Rueschemeyer specializes in these forms of divorce, which avoid high costs, delays, and court legal battles. You can learn more about mediation, collaborative law divorce, and differences between fault, no-fault, contested, and uncontested divorce on other pages of this website.

In conclusion, my advice to fathers is that they should not despair. If the children would be better off in the father’s custody, that is worth fighting for, and is winnable. I have gotten many fathers custody, even in the most dismal of predicaments. For mothers, my advice is to take nothing for granted. Against a determined father, the loss of custody is a very real possibility which you should take very seriously if custody is important to you.
Thereafter, if either party is still dissatisfied with the result, they may "appeal" the lower court ruling to the Minnesota Court of Appeals. Such appeals are of right, and take place before a three judge panel, after extensive briefing and oral argument to the Court of Appeals. However, once the appeal is filed, the Court of Appeals will automatically put the appeal on hold, and requires it's own attempt at alternative dispute resolution known as appellate mediation. If mediation is not successful, the entire appeal process may take upwards of a year after the trial court's final decision. The Court of Appeals may affirm all decisions outright, reverse all decisions outright, or may affirm some parts of the decree while reversing others. If a party thereafter is dissatisfied with a ruling of the Court of Appeals, they may seek discretionary review by the Minnesota Supreme Court. The Supreme Court however, denies review of most cases, and only chooses to hear a few family law cases each year. Those cases selected for review typically involve novel factual or legal issues.

Minnesota is a purely "no-fault" divorce state, meaning that you can't allege that your spouse's wrongdoing was the cause of the divorce. Instead, most divorces are based on the grounds that the parties have irreconcilable differences that have led to the breakdown of the marriage. However, fault may be considered by the court as a factor in dividing property or awarding alimony. To learn more about whether Minnesota uses fault as a determining factor in alimony and property issues, see Nolo's Essential Guide to Divorce, by Emily Doskow.


I want to get divorced, but my spouse doesn’t. Can my spouse prevent us from getting divorced? No. Your spouse can, however, refuse to work together on the terms of the divorce. If that happens, you would have to file for divorce and have your spouse served. Unfortunately, this would mean a contested divorce process, which is long and expensive and tends to generate new animosity between you. Faced with that prospect, many spouses eventually cooperate to develop a separation agreement and file an uncontested divorce.
Divorce in Minnesota is called dissolution of marriage. A dissolution for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise. If there are minor children, the issues of child custody, visitation, and support will need to be resolved.
Another rare exception to the general rule on termination of child support is in the case of emancipated children. An emancipated child is not entitled to child support. [3] Whether or not a child is “emancipated” is an issue that must be decided by the Court on a case by case basis, but will normally require proof that the child is living away from home and is self-supporting. Termination of child support by reason of emancipation requires a motion in Court.
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.
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