There are alternative dispute resolution (ADR) methods other than mediation. Arbitration is an ADR where both sides agree that the neutral third person will decide the dispute. In arbitration, both parties can agree whether or not the arbitration decision will be enforced by the court. Arbitration might be used when you can't agree about the value of something and you're willing to let someone else, other than a judge, decide.
Divorce mediation is an alternative to court litigation for resolving disputes that arise as two people separate their lives. A neutral third party called a “mediator” helps the couple to work through the issues of their divorce and reach a mutually agreeable settlement. Please note that mediation may not be safe or appropriate for individuals with a history or fear of domestic violence.
Prior to the temporary relief hearing, as indicated above, both parents have custody. One the one hand, it is a disadvantage to agree to a parenting time schedule — even on an interim basis — which is less than what you want on a permanent basis, because even though this is not legally relevant, I have seen judges swayed by arguments about who has had the children prior to the court appearance. On the other hand, children shouldn’t have to witness their parents fighting at the day care center doors about who gets to take them home. Sometimes the best approach is just to share the time 50-50 for the sake of compromise, until the matter is heard by the Court. If for the sake of the children you feel it is best not to fight about it, it is very important to send written notice to your spouse explaining your strong objection to the interim arrangement, e.g.:
All that being said, be aware that contesting the divorce will add to the duration and expense of the case. Contesting the divorce itself can buy you some time during which to pursue reconciliation, and can be the leverage to obtain your spouse’s agreement to therapy or other reconciliation efforts, but at the end of the day, a persistent party will be able to obtain the divorce.
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.
If your ex-spouse was ordered to provide medical or life insurance, but does not buy insurance or cancels the insurance, the court can order your ex-spouse to reinstate the insurance policy or get a new policy. The court may also order your ex-spouse to pay medical or hospital bills which should have been paid by the insurance. If cash was received for the policy that was canceled, the court can award you all or part of the money. You can also ask the court to find your ex-spouse in contempt of court.
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The small hourly cost for the attorney’s time is well worth the expense as it helps the client to make decisions and thereby move the mediation forward. In addition, at the point in the process when the parties have finalized all their agreements and a draft Separation Agreement is prepared, it is advisable that both parties review that agreement with their own attorney before they sign it. After all, this document will have lasting impact on their finances, their children, and their lives for some time to come, and it is prudent and wise to be sure that they both fully understand the terms in the agreement and that it accurately reflect their wishes.
If you are concerned about ongoing earnings continuing to be marital in nature, then it is in your interest to lock in the default valuation date by filing the case as soon as possible and shepherding it along swiftly. For example, if you earn six figures, but your spouse is a stay-at-home unemployed parent, it is to your advantage to file the divorce first, and then work on settlement, rather than to mediate and negotiate for several months prior to filing.
For married parties with children born during the marriage, both parties have joint legal and physical custody until the Court orders otherwise. Thus, either parent has the right to take the children, and the other parent has the right to take them back, and so forth. This can lead to a lot of game-playing and tugs-o-war which are obviously harmful to the children.
Although the advantages of mediation generally far outweigh the disadvantages, there are a few potential disadvantages associated with divorce mediation. A divorce mediator may not advise you on the legal aspects regarding the decisions you are making. This could result in an agreement which leads to a loss of important rights. This is why all mediated agreements should be looked at by an experienced divorce attorney prior to giving it to the judge for approval.
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.
Once a marriage is far enough gone, the only remaining question is “How hard is it going to be to untangle our legal and financial lives and (if relevant) sort out custody?” For some couples, separating via mediation rather than litigated divorce has its appeal: Many people don’t want to cast their former spouses in the role of enemy, and mediation is a cheaper, more cooperative, and less adversarial process than a War of the Roses-type brawl.
If there are children of the marriage, each spouse has the right to decide where the children live or go to school, whether they should see a doctor, and can make other arrangements that need to be made. These decisions are left to the parents, as long as the children are not being hurt. If the children are being hurt, other people might become involved —doctors or nurses, school personnel, community workers or the police. If you do not want your spouse to take or visit the children because you are afraid the children will not be returned or will be harmed, you do not have to let the children go. However, if there is not a threat that your spouse will kidnap the children, you should think about the children's best interests and whether it would be good for them to see their other parent. If you are concerned about your spouse's visits, consider getting a custody order. If there are children who were born before the marriage and there has been no adoption or custody order, the mother has sole custody in Minnesota until there is a court order to the contrary.