“Legal Separation” is a major change in the status of your marriage. To get a legal separation you must serve and file a petition in Family Court in the county where you or your spouse lives. It is a separate process from divorce. In Minnesota, you don’t need to get a legal separation before you get divorced. Legal separation takes as long as a divorce, and costs just as much if not more. In many ways, a legal separation is the same as a divorce. Both include custody, parenting time, child support, and, if appropriate, spousal maintenance (alimony) orders. All the family assets and debts are permanently divided.
Sometimes the respondent cannot be “served” personally with the Summons and Petition because the petitioner does not know where he or she is and has no way to find out. In this case the petitioner can apply to the court for permission to “serve” another way—such as mailing the papers to an address where mail will likely be forwarded to the respondent or publishing a notice in a newspaper. This special service starts the legal proceedings in cases where the respondent cannot be personally served.
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.
No dissolution shall be granted unless (1) one of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or (2) one of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding. The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (Minnesota Statutes - Chapters: 518.07, 518.09)
Please note that we cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of LegalZoom's service. In some cases, a government backlog can lead to long delays before your process is complete. Similarly, LegalZoom does not guarantee the results or outcomes of the services rendered by our legal plan attorneys or attorney-assisted products. Problems like these are beyond our control and are not covered by this guarantee.
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.
A mediator is a neutral professional specially trained to help you and your spouse reach agreement about all the important legal issues relating to your divorce. A mediator is not a decision maker. As your mediator, I guide you through the divorce process. I answer your questions and help you understand the court system. I facilitate a productive discussion of the issues while maintaining a safe and respectful environment. I assist you in understanding each other’s needs, wants and concerns. I help you generate and consider creative options. If you have minor children, I help you create a comprehensive Parenting Plan which will increase your likelihood of parenting success after your divorce is final. And finally, I document your agreements in a Memorandum of Agreement.
The respondent may disagree with the relief asked for by the petitioner and want the court to hear his or her side. The respondent then must serve an Answer on the petitioner's attorney within 30 days of the date the respondent was served. An Answer is a legal paper saying what the respondent says back to the Petition. Just calling up the petitioner to say something like "I don't like this" is not an Answer. The Answer may be mailed to the petitioner's lawyer. It does not need to be personally served. The Answer states whether the respondent thinks the petitioner's statements in the petition are true or false. It also tells the court what the respondent wants.
A spouse is not liable to (responsible for paying) creditors for debts of the other spouse except for necessary medical expenses and household articles and supplies used by the family while the spouses live together. A spouse is liable for credit card and other charges by the other spouse if both had agreed to be responsible to the creditor. A spouse may also be liable for credit card debt if that spouse has used the card in the past. Either spouse may close a joint credit card account at any time. In some cases, it may be wise to cancel credit cards immediately.
In some Minnesota counties, the court provides mediators on issues concerning the custody of the child(ren) at little or no cost. Property issues may require a private mediator, the cost of which is typically split among the parties. You can expect to spend at least $200.00 per hour for good divorce mediator services in Minnesota, the cost of which is usually divided with your spouse.
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:
The mediator will also ask you and your spouse to bring in financial documents such as tax returns and bank and mortgage statements. As you progress, the mediator will summarize the information being assembled. If you agree that additional research is needed or a neutral expert is to be consulted, that will go on a “to do” list. This second stage of the mediation can span two or more sessions, especially if you need to do outside work to obtain additional information or appraisals. If you feel that you already know enough about your situation and have definite ideas on how to work out a settlement, you may find yourself impatient with this stage and anxious to move ahead with the negotiations. Even though you may want to rush on, the mediator’s job is to make sure that both you and your spouse have all the facts and information you need to negotiate an agreement that is legally binding and that you won’t regret having signed.
Minneapolis, St. Paul, Anoka County, Apple Valley, Belle Plaine, Buffalo, Burnsville, Carver, Carver County, Chaska, Chanhassen, Cokato, Cologne, Dakota County, Dassel, Delano, Duluth, Eagen, Eden Prairie, Edina, Faribault, Gaylord, Glencoe, Golden Valley, Hastings, Hennepin County, Hopkins, Hutchinson, Jordan, Lakeville, Mankato, Mcleod County, Minnetonka, Mound, Northfield, Norwood-Young America, Plymouth, Prior Lake, Ramsey County, Rice County, Richfield, Rockford, Rochester, Savage, Scott County, Shakopee, Sibley County, St. Louis Park, Victoria, Waconia, Watertown, Wayzata
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).
Although there certainly are several different styles of mediation, there are several things you can depend on no matter what style your mediator uses. Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you, which is natural and inevitable, in a way that helps you to work together as parents after your divorce.
Grounds which the courts in the past have recognized as valid reasons to permit out-of-state relocation are: a better job opportunity in the other state;  and joining a fiancé who resides in another state.  These reasons do not guarantee that permission will be granted, but they have been recognized as legitimate grounds for seeking such permission.
No marriage shall be adjudged a nullity on the ground that one of the parties was under the age of legal consent if it appears that the parties had voluntarily cohabitated together as husband and wife after having attained the age of legal consent. Nor shall the marriage of any insane person be adjudged void after restoration to reason, if it appears that the parties freely cohabitated together as husband and wife after such restoration.
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 in Minnesota usually only have power over people and things in Minnesota. This power is called jurisdiction. If the respondent was served outside of the State of Minnesota, or if the respondent could not be found and was served by publication or other special service, the Minnesota court might be limited to making only the following decisions:
As the number of divorces has increased, divorcing couples have frequently become frustrated with the excessive costs and delays associated with an overburdened, adversarial litigation system, and have sought ways to play a greater role in determining the details of their divorces. Likewise, the court system has recognized the importance of developing methods of handling disputes outside of the courtroom, and so court-related mediation programs have increased in popularity around the country.
Almost every state requires mediation of child custody disputes, and many states' court systems provide services such as early conflict intervention, conciliator services, community dispute resolution centers, education seminars for divorcing couples, mediation, and settlement conferences. Today, mediation, either voluntary or court mandated, is the predominant form of dispute resolution for divorcing couples.
Mediation is confidential and private, as opposed to divorce litigation, in which little privacy is afforded. Whatever goes on in mediation remains private, while grievances aired in a courtroom become part of the court record and are public. Any communications between parties during mediation are confidential with certain exceptions. These exceptions include child or elder abuse or one party talking about a crime they committed or one they intend to commit. The confidentiality of the mediation process allows spouses to speak openly and directly to one another without the fear something they say will be used against them.
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.
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.
It depends on how bad it is. Half of the divorce cases out there involve one or the other party being on anti-depressant medications, so that in and of itself won’t matter much. It really depends on how severe the mental illness is, and how it affects your parenting. If the mental illness negatively affects your parenting, or poses a danger of harm to the children, that will obviously be more relevant. And unless your mental health records are already sufficient for a custody evaluator to assess your mental health, you can expect that a custody evaluation will include a psychological evaluation as well.
The best mediators have both a high level of experience and knowledge about divorce and family law and a calm and diplomatic approach to the situation and towards each of the parties. Mediators who have spent many years as attorneys, representing clients in mediations and litigations, have had the opportunity to see many situations and many types of resolutions. As mediators, they are often able to help clients think outside the box and craft creative solutions. They can also offer perspective on how similar cases have been perceived by the courts. But the mediators approach in presenting this information is also critical. Mediators need to be able to rise above the emotion and conflict that is often present, and help the parties see what is and isn’t relevant to resolving their case.
In 2005, the average mediated case cost $3000 and was settled in 90 days. In turn, the average litigated case in the courts cost $15,000 and took 18 months to settle. Keep in mind, the litigated cases led to more spite and frustration between the divorcing couples, usually leading to a lose/lose situation for both. Not many people walk away from a litigated divorce feeling satisfied. On the other hand, couples who went through mediation felt satisfied with the agreements they had reached and both walked away feeling that they had gotten what they had wanted. Who would you rather have decide what happens with your children and assets after a divorce, you during mediation or attorneys and judges during a divorce in the courts? Who knows more about you, attorneys, judges or you? Why have people who know nothing about you tell you how you are going to live the rest of your life.
The vast majority of divorcing spouses - 97% according to some research - resolve all issues without going to trial. More and more individuals are resolving their issues on their own. Attorneys have recognized this, and many seek to support divorcing spouses in this do-it-yourself process. For example, some divorcing spouses will meet with attorneys separately for a consultation, and then attend mediation on their own. This way, each spouse can be well-informed about their options, but still maintain control (and keep the costs down) as they move forward to resolve any outstanding issues.
All in all, when a couple is committed to making divorce mediation work, the likelihood of success is high. No matter how you currently feel about your spouse remember how you once felt, and try to end your marriage on the most positive note humanly possible rather than with bitterness and acrimony. Mediation can help you achieve this goal by offering a safe place to discuss your disputes as well as gentle guidance to help you solve those disputes.
A trickier question is whether you may record the other parent's conversations with the children. Under the doctrine of "vicarious consent," as long as a parent or guardian has "a good faith, objectively reasonable belief that the interception of telephone conversations is necessary for the best interests of the children," then he may consent to the interception (i.e. listening in or recording the call) on behalf of the children.  However, this can be risky, because if there is any dispute about whether your vicarious consent was in good faith or objectively reasonable, you may still end up having to defend against possible criminal charges or a civil lawsuit. The Wagner case I have cited, for example, was a civil lawsuit by a one parent against the other parent who had recorded telephone calls between the children and herself. The Court allowed that lawsuit to proceed because there was a genuine issue of material fact as to the motivations of the parent who had made the recordings. I don't recommend recording any such phone calls without first consulting a lawyer.
Mediation is confidential, allows you and your spouse to make the decisions, and is less expensive than filing a lawsuit. You can reach a positive agreement that is more customized than the one you might receive from a judge. In mediation, you are responsible for your attorney’s fees, as well as half of the mediator’s fees. In certain states, mediation is required by the court after a lawsuit has been filed; for example, North Carolina requires couples to attend mediation before a child custody trial and equitable distribution trial.
Petition for Dissolution of Marriage and Decree of Dissolution of Marriage. These are the essential documents needed to start and finalize a dissolution of marriage according to Minnesota law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. A few other documents that are typically filed during the process are: Summons, Form 11, Confidential Information Form, Marital Termination Agreement, Financial Affidavit, and Affidavit of Non-Military Status.
If both parties are in agreement that you want to mediate, you could take a look at our Agreement to Mediate, and any party could call to schedule an appointment. We offer a flat fee arrangement, at a discount from our standard hourly rate, for a mediation session that is typically three hours in length and can include a written summary, if paid in full in advance. We also offer hourly mediation rates, that are to be paid in full on the day of mediation.
1. Don’t make your attorney justify every single decision, no matter how small. We’re happy to do it, but it takes time, and time costs you money. The point is not for you to acquire a law school education. The point is to represent your interests with excellence and efficiency. If you can’t take your lawyer’s word for something, it’s time to get a new lawyer. Otherwise, it’s much cheaper to give your lawyer a certain amount of “command authority,” at least on matters of procedure and tactics.
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.
On average, pre-decree divorce mediation can be completed in 4-10 sessions. Again, how long it takes really depends on what if any communication there is between the divorcing couples and their level of animosity for each other. If either one of the spouses is unwilling to budge from their certain position on a divorce issues, mediation may not be an option for them and they may have to litigate in court. Once this happens, communication is shut down and the fight begins.
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...
Each divorce mediator will have his or her own approach, however, some of the basics will likely remain the same. You will probably speak to the mediator on the phone, providing information about your marriage your family and the issues at hand. Some mediators will ask you for a great deal of information, while others may prefer to stick with the basics until meeting both parties. During the first meeting, the mediator will explain how the divorce mediation process will proceed. All parties may meet in the same room at all times, or the mediator may meet with each party separately at least one time.
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.
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.