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.
2. Take with you all of the household goods and furnishings, and other items of personal property which you want to have, and inventory what you take. Although it is not a law, the old adage “possession is nine tenths of the law” is very applicable here. The reason boils down to the fact that litigating personal property issues is usually prohibitively expensive, because it normally costs more to litigate than the stuff is worth. So if you ever want to see it again, it is much simpler and easier to take it with you when you leave. [Caveat: don’t get too greedy. If you empty the place out and leave the spouse and children to sleep and eat on a bare concrete floor, you will not look good].
The date on which earnings (including retirement contributions and other income) becomes separate property again, is the so-called “valuation date.”  The valuation date is the date of the initially scheduled prehearing settlement conference, unless the parties agree to a different date, or the court finds that a different date is fair and equitable.  In my experience, the Court seldom exercises its discretion to use a different date. One situation warranting a different date is where the parties have been separated for years prior to commencement of the divorce, and have been living separately, with separate accounts, insurance, bills, etc., during the separation period.
You are not obligated to hire an attorney in order to file for divorce; however, having one greatly improves the likelihood your rights will be protected and that your divorce is done correctly. Otherwise, you may end up spending much more on hiring an attorney after your divorce to seek post-decree modifications to clean up anything done improperly at the outset. Having a lawyer with you during this process also lessens the pressure on you during this difficult time. Further, hiring a lawyer is especially beneficial if there are allegations of abuse — spousal, child, sexual or substance abuse — because in those situations, it may be impossible for the abused spouse to negotiate effectively. A lawyer can help arrange the necessary protection for an abused spouse and the children. There are many other instances where a lawyer will be significantly helpful in a divorce, such as: asserting a non-marital claim, complex finances, divorces involving business ownership, divorces involving one spouse living in a different state, and many more instances.
Brian James is a Divorce Mediator with offices in Northern Illinois and Southern Wisconsin. He is the founder and owner of C.E.L. & Associates, a private mediation firm that focuses on pre and post decree divorce issues. His background consists of 10.5 years working with domestic violence and divorcing families in the Criminal Justice System. He is a member of numerous mediation organizations and local chambers of commerce. His goal is to assist his clients in their time of need and help them work out agreements that are best for them and their children. At the same time, he tries to save his divorcing couples time and money that is otherwise wasted in the court system. What would you rather do with your money during a divorce, pay it to an attorney or invest it in your child's college education?
A custody determination basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse can reach an agreement, it will be accepted by the judge unless it is not to be in the child’s best interest. If you cannot reach a custody agreement, Minnesota child custody law provides for the judge to decide the issue, after considering the following factors:
Janet Rowles is a mediator specializing in high conflict and emotionally-difficult situations. In addition to doing divorce, post-divorce, unmarried relationship dissolution, and all types of family mediations, Janet does small and large group work including circle-keeping in Minneapolis public schools and facilitating large-groups such as condo as ... more
SUPERIOR SERVICE: All mediators are not created equal! Although mediators are not decision makers, they do have a significant impact on your divorce process. Mediators set the tone and guide you through the rough patches. Therefore, it is wise to interview mediators and select one who respects your sense of fairness, recognizes the importance of self-determination, helps generate creative solutions and facilitates workable agreements.
Tera is one of the founding members and the managing partner at Minnesota Divorce and Family Mediation. She has over 15 years of combined education, training, and professional experience in facilitation, team building, negotiating, and mediating resolutions of all matters. She uses a strengths-based, client-driven approach to develop thorough parenting plans for children tailored to their unique circumstances and future needs. She has experience with complicated parenting issues, children with special needs, mental health issues, domestic partnerships, and other non-traditional relationships. Tera's goal is to develop a comprehensive divorce agreement while minimizing stress and cost.
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.
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.
The court can also consider a change if the parent with custody has denied or interfered with the parenting time of the other parent. However, parenting time problems alone are usually not enough to change custody. Denying or interfering with a parenting time schedule is a factor that a court may consider in deciding to change custody. A judge can also change custody based on the “best interests of the child,” if both parents agreed to use that standard in a writing approved by the court.
When thinking about your divorce, it’s important to understand that when you work with Johnson Mediation, we leverage whatever resources you need that can work with you through the entire process. This means that not only do we offer our mediation services to guide you through any issues that arise when developing your agreement, we can help you negotiate any issues that come up after the divorce is finalized. While mediators cannot provide legal advice, we can offer legal information that can help divorcing couples, or couples that have already divorced, make informed decisions about issues that can impact their lives for many years to come.
In cases where the child is approaching the start of kindergarten, or will be transitioning to middle school, junior high, or high school, this can be a closer call. Obviously the quality of the school will matter. Fortunately school statistics are readily available, including standardized test scores. The Minnesota Department of Education provides School Report Cards on their website.
Litigating a divorce results in both parties operating under attack and defend mode. When mediation is used, the process is much more peaceful and conciliatory. Both parties are allowed to explain their position and perspectives on all the issues, leading to a generation of solutions which ultimately benefit both spouses and their children, if any. Parties to divorce mediation have decision-making powers and must agree to each provision in the final agreement. Couples who agree to terms voluntarily are much more likely to comply with those terms in the future, and much less likely to find themselves back in court fighting about perceived violations of the terms.
Mediating parents have a number of options available for determining how to provide for their children’s needs after divorce. As a starting point, we will calculate MN guideline child support using the MN Child Support Calculator which as of January 1, 2007 uses an income shares model for determining child support obligations. My process includes a complete explanation of how to properly input the information and how to read the calculator’s result. While many parents choose to follow the State guidelines; some parents decide to deviate from guideline support based on a variety of reasons. Still others adopt a less traditional (and more flexible) plan for sharing all expenses relating to the children, such as a joint checking account or monthly accounting and reimbursement method. Mediation allows you to be creative about how best to provide financial support for your children’s needs after the divorce.
NO, THEY ARE NOT! I can’t tell you the number of times someone comes to me with this same sad predicament. For several months or years, the party has been paying less child support or spousal maintenance by verbal agreement with the other party, only to be socked later with an arrears judgment for $20,000, $30,000, or $40,000, as the case may be. The only way to protect yourself from this is to have the agreement drafted up and approved by the court in writing.
Very few things in any family law issue are black and white. Our job is to step back and help you look at the larger picture in terms of what you have to get out of your divorce versus what might be emotionally driven. We sit down with you to discuss whether what you are asking for is worth pursuing and how a judge might handle a situation if your case ends up in litigation.
Hello, my name is Matt Majeski and I am the owner/operator at Majeski Law, LLC at 539 Bielenberg Drive, Suite 200, in Woodbury, Minnesota. I focus my work on divorce law and other family law issues. I serve across Minnesota, however the bulk of my practice works in the following five county area: Washington, Dakota, Anoka, Ramsey, and Chisago. Please check out my website at www.majeskilaw.com if you'd like more information. Thank you. I'm happy to give a free phone consultation to identify your situation, determine if Majeski Law can help you with your family...
Regardless of your children’s ages, you need to communicate about what’s happening, since it affects their lives too. Agree to talk to your kids together. Agree on how it will be done, where it will be done, and what you will say. Present a united front and try to answer their questions as well as possible, without divulging unnecessary adult information. Kids are smart, and they probably already know something’s up. They deserve to hear that their parents will continue to love and support them and that everything will be ok.
Also, divorce in the court system is public domain. Anybody can sit in court and hear the specifics of your divorce. On the other hand, mediation is confidential, private and conducted behind closed doors. In mediation, there are no attorneys putting up walls between you and your spouse. Mediation is about working together, doing things in the best interests of your children and focusing on being able to be parents for your children for years to come. Unfortunately, divorce in the court system is designed to put up that wall and limit communication, which inevitably leads to many post divorce problems and many more hours and thousands of dollars in court.
If child support was ordered but is not being paid, steps to enforce the order can be taken by the custodial parent or the county human services department. If the children are receiving public assistance, the county can also ask the court for a separate order requiring the other parent to pay back the assistance that has been received by the custodial parent for the past two years. The county can also ask the court for an order requiring you to pay back Medical Assistance and some other benefits the children received. The court can order payment whether or not the Judgment and Decree included a child support order.
The first opportunity for the Court to decide custody is normally at the temporary relief hearing. In Hennepin County, this can easily be four months or more from the date of filing. In other counties, it can be much speedier, as in Dakota or Scott County, where a temporary relief hearing date is normally available within about 3 weeks. Once the motions for temporary relief are heard, the Court has 90 days to rule, although they normally get temporary orders out within two to four weeks.
At Dwire Law Offices, P.A., we offer trustworthy, personal service and practical, experienced representation. You are treated as a person who has a legal problem that needs solving, not as just another case file. Our attorney, Todd Dwire, has been guiding people through divorce and other family law issues in Lakeville and the surrounding areas for over 20 years
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.  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.
If any issue pertinent to a custody or parenting time determination, including parenting time rights, is unresolved, the matter may be set for mediation of the contested issue prior to, concurrent with, or subsequent to the setting of the matter for hearing. The purpose of the mediation proceeding is to reduce acrimony which may exist between the parties and to develop an agreement that is supportive of the child's best interests. The mediator shall use best efforts to effect a settlement of the custody or parenting time dispute, but shall have no coercive authority.
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 mediation, the mediator’s role is not decision maker, but is to act as a neutral support system for both parties equally. The mediator helps the couple identify all the issues that they need to resolve around their divorce, gives them information and education about the law and other facts around those issues, and facilitates their discussion of those issues so that the parties themselves can decide what is the best course of action for them.
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.
Lesa Koski iis a state qualified neutral who became interested in mediation during law school more than 15 years ago. Lesa grew up in the Stillwater and Woodbury area and now lives in Hudson, WI. After a successful Health Care and Elder Law career, she is thrilled to begin working in her area of passion, mediation. Lesa wholeheartedly believes in f ... more
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.
Without taking sides, a divorce mediator works with you and your partner to negotiate a settlement that is in the best interest of you and your family. Typically, a divorce mediator helps you better understand and communicate your individual and common interests so that you can explore reasonable options, make good decisions and reach solid agreements that benefit your family.
The petition itself typically follows a simple format, which is not designed to argue your case in detail, but rather only provides "notice" to the other side of the very basic facts ultimately necessary for the court to decide the case. The petition will list the two party's names, addresses and ages. It will identify the names and ages of the party's children, if any, together with a general allegation of what “custody” or "parenting time” arrangement the petitioner believes to be in the best interest of the children. In Minnesota, over the years the family law bar has come up with innumerable labels and terms for "child custody”/”parenting time". It will identify to the best of the petitioner's knowledge the parties "real property" (land and building) ownership, including the homestead, and any vacation or investment real property the parties have. It will identify to the best of the petitioner's knowledge the party's other assets and liabilities.
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).
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.
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...
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.
Minnesota is a “no-fault” divorce state. What this means is that neither spouse has to prove marital misconduct (such as infidelity) to obtain a divorce. Instead, the parties can simply acknowledge that there has been an “irretrievable breakdown” of the marriage. In Minnesota, either spouse can get a divorce if they wish to have one. A spouse does not need to “give” the other spouse a divorce; rather, it can be obtained with or without the other spouse’s cooperation.
A “2018 Child Support Guidelines Worksheet.” This form is used to calculate child support according to Massachusetts child support laws. You can calculate your child support right now with the free 2018 Massachusetts Child Support Calculator on this site and then click a button to download the results into a court-ready Child Support Guidelines Worksheet.
Minnesota is an equitable division state. In an equitable division state, each spouse owns the income he or she earns during the marriage, and also has the right to manage any property that's in his or her name alone. But at divorce, whose name is on what property isn't the only deciding factor. Instead, the judge will divide marital property in a way that the judge considers fair, but won't necessarily be exactly equal.
Meditation during divorce is a way of finding solutions to issues such as child custody and spousal support. It is an alternative to formal process of divorce court. During mediation, both parties to the divorce and their attorneys meet with a court appointed third party. This third party, the “mediator” assists the parties in negotiating a resolution to their divorce.
If there is a chance your spouse may seek an Order for Protection or Harassment Restraining Order against you — whether legitimately or fraudulently — it is important to have a plan in case you are suddenly served with one and are barred from your home, with no court hearing set for two weeks. If that happens, do you have a place to stay? Cash and important documents? A spare change of clothing?
The Brown Law Offices, P.A., is a northwest Twin Cities divorce and family law firm. Our award-winning attorneys have represented thousands of clients since 1998. Key practice areas include divorce, custody, child support, paternity, prenuptial agreements and step-parent adoption. Our lawyers handle cases throughout Minnesota, serving primarily Hennepin, Anoka, Sherburne and Wright County. We offer a free consultation to all potential clients.
The attorney representing either the petitioner or the respondent can schedule a temporary relief hearing. The other party must be served with motion papers, including a Motion for Temporary Relief and an Affidavit. Affidavits are written statements signed under oath. The motion papers are legal papers requesting temporary relief from the court and stating the facts on which the request is based. These facts include the income and expenses of each party, who has the children now and why they should be in the custody of the party asking for temporary custody. The motion papers must be mailed or handed to the other party before the hearing. There are certain time periods for giving notice to the other party before the hearing that must be followed when bringing and responding to motions. The petitioner's attorney often has the motion papers served at the same time as the Summons and Petition.