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.
Like attorneys, most mediators charge by the hour. The average total cost of divorce mediation (with me) is approximately $2,000. In addition to the mediator’s fees you will need to pay a filing fee to your county of approximately $400 and if you choose to hire a professional for legal drafting, you should also expect an additional $1,250-1,500. On average, my clients incur a total combined cost of approximately $4,000.
To file for divorce in Minnesota you must file a Summons and a Petition for Dissolution of Marriage with the Clerk’s Office of the county court. Although the exact filing fee will depend on the county in which you file, Minnesota has some of the highest in the nation with the average around $400. Whether or not you are representing yourself, you must also file a Certificate of Representation.
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.
A child support obligation terminates automatically when a child turns 18, or graduates from high school — whichever comes later, but in no case beyond the child’s 20th birthday. . (A rare exception to this is in the case of a child who is incapable of supporting himself because of a physical or mental condition, in which case child support may continue throughout the child’s entire life).
Luke J Blahnik is the founder of Law Firm of Luke J Blahnik. Mr. Blahnik was born in the city of Rochester, Minnesota and graduated from Caledonia High School, in Caledonia, Minnesota. In 1998 he received his Bachelor of Science in History from Winona State University, in Winona, Minnesota. He then went on to receive his Juris Doctor degree from Hamline University School of Law in 2001 and was admitted to practice law in the State of Minnesota in 2002. From 2001 through 2004 Mr. Blahnik was a Judicial Law Clerk for the Koochiching County Courthouse, where he...
Kay Snyder Attorney at Law has offices in St. Cloud, Big Lake, and Cold Spring, MN. She's a part of the Chamber of Commerce in those communities, as well as many volunteer organizations helping those in need in the area who cannot afford legal counsel. Kay Snyder Attorney is also involved with the Minnesota State Bar Association, the Stearns/Benton Bar Association, Minnesota Women Lawyers, and the St. Cloud Downtown Council.
The short answer is “no.” There may be instances in which a Judge requires parties who are represented by an attorney to attend mediation or another ADR process with those attorneys. There are also mediators who will not allow one party to have an attorney present unless the other party also has an attorney present. Generally, however, parties will be able to make this decision on their own, as long as they both agree.
What the mediator can do, though, is to point out in open session to both spouses things that each of them should be aware of about what they’re trying to accomplish. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
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.
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.
Many people think that when a couple wants to live apart they have to get a "legal separation." This is not true. Often couples live apart for awhile before they decide to get a divorce. This is not "illegal." Legal separations are for people who do not want a divorce (usually for religious reasons). They still need a legal paper to settle custody, support, and property questions. The court makes the same kinds of decisions that it makes in a divorce. However, the couple remains married, and the division of property is not final.