Denying or interfering with an established parenting time schedule can result in more time being awarded by the court to the parent who was denied their regular parenting time. The court will look at the reasons why the parenting time schedule was not followed.  If the court determines that denying or interfering parenting time happens more than once and is on purpose, the court will award more time to the parent who was denied their regular parenting time.  The only exception is if the denial of parenting time was to protect the child’s physical or emotional health.  The court could also give a penalty to the parent who denied or interfered with the other parent’s regular time, or consider it a factor when deciding on a change of custody. 
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.
To ensure you cover everything, create a master list of all your assets and possessions—regardless of whether an item is thought to be yours or your spouse’s. The master list should include all real property (house, rental properties, vacation homes), personal property (books, DVDs, furniture, artwork, jewelry), vehicles (including boats, motorcycles, ATVs), bank accounts (joint and separate, checking, savings), credit cards, retirement accounts, life insurance policies, annuities, stocks and other financial products. Account for everything you own.

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.
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:
I am a Rochester native with over 30 years of experience practicing family law in the Olmsted County and Southeast Minnesota area. I was admitted to practice in 1980. In addition to representing clients in all of the counties in Minnesota’s Third Judicial District, I have represented clients in Goodhue, Blue Earth, and Faribault counties located in the First and Fifth Judicial Districts. I am a graduate of St. Olaf College and Hamline University School of Law. I have taken particular interest in advocating for the best interest of children. I am a volunteer Guardian...
Still want to try mediation? Check out the primer on mediated divorces, and talk to an attorney. And keep an open mind about the process, even if feelings are running high right now. Green says she had a client who would say she tried to say to herself, “‘how will I feel about this in five days, how will I feel about this in five months, how will I feel about this in five years?’, and I thought that was a very useful question for a person to ask themselves when they’re beginning this process.”
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, like most other states, passed a law called the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) so that parents could not go to another state to try to get a different custody order.  Under the UCCJEA, the courts of different states have guidelines to help decide which state’s court should decide custody.  The courts are encouraged to discuss the matter and avoid disagreements between states.  Usually the court in the state where the child has lived most recently for the past six months has the authority to decide custody of the children.  If a court in one state has already decided custody, the UCCJEA prevents a court in another state from changing the custody order, unless the first court refuses to act or no longer has enough connection with the child and parties.
The court may appoint a “guardian ad litem” if it believes one party has hurt the child or that having someone to represent what's best for the child would be helpful.   A guardian ad litem advises the court about custody, parenting time and support during the case.  A guardian ad litem is different from other kinds of guardians.  The guardian ad litem does not have custody.  A guardian ad litem makes an independent investigation about what's best for the child and writes a report for the court. The parties may be asked to pay the costs of a guardian ad litem.

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.

Joe Dillon, MBA is a professional divorce mediator and founder of Equitable Mediation Services. Joe is passionate about helping couples avoid the destruction of attorney-driven litigation and knows first-hand that the right information, combined with the right expertise and the right kind of support can make the challenging process of divorce less expensive, less time-consuming and less stressful for divorcing couples and their families.
The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.
The Minnesota Judicial Branch maintains a helpful section on divorce at its website, including matters of children and property, an overview of the fees involved in the process, paperwork, and what to expect when you go to court. The site also has a guided flowchart to help you determine which forms you'll need. Also, see FindLaw's article on same-sex divorce.
In a very limited number of divorce mediations, one spouse feels the mediator favors the other spouse. In such a case resolution is unlikely to occur. If a spouse is concealing issues during mediation, the mediator cannot compel him or her to reveal such things as accurate assets or income. In contrast, an attorney can depose the spouse, require financial information or even counsel the client to hire a forensic accountant. Divorce mediators don’t have the authority a judge has, meaning the success of the mediation is wholly dependent on the cooperation between the parties.
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.

The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.

Financial Early Neutral Evaluations (FENE) allow the parties to meet with an accountant or lawyer neutral expert to assist the parties in preparing a balance sheet and help to negotiate a division of property. These experts can also assist in preparing cash flow summaries to help the parties settle issues of child support and spousal maintenance. As with social early neutral evaluations, the neutral may advise the parties what they believe will occur if the matter is fully litigated. As with Social ENEs, many counties provide rosters of lawyers and accountants certified to assist with FENE's in that county.

If the custodial parent wishes to leave the state, the other parent must agree that the children can move or the custodial parent must get permission from the court.  If the other parent agrees, the agreement should be put in writing.  The court must weigh certain factors when deciding whether to allow the move. The factors are things like the reason for the move and the child’s relationship with the other parent and other family members. The parent requesting the move must convince the court to give permission, except in domestic violence cases.
In the framing stage, the mediator helps each spouse outline that person’s reasons for wanting certain outcomes in the settlement. These reasons consist of individual concerns, priorities, goals, and values. They are often referred to by mediators as “needs and interests.” Here, we use the broader term “interests.” Identifying interests helps to frame the core goal of the mediation: finding a resolution of the issues that successfully addresses each spouse’s most important interests. In most divorces, many issues need to be examined in light of each spouse’s interest. These include property and debt division, child custody, child support, and alimony.
The same analysis applies to debts. Debts incurred prior to the valuation date are generally marital, regardless of who incurred them. Debts incurred after the valuation date are generally separate. If your spouse is charging up the credit cards like a drunken sailor, it is in your interest to expedite the divorce proceedings to lock in the default valuation date.

In all of the states we practice in, both equitable distribution states and community property states, the parties are encouraged to actively participate in, and come to agreement on, the fair division of their marital assets and liabilities. But unless you and your spouse are experts in the financial matters pertaining to divorce, this can be a dangerous path to walk.


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.
In all of the states we practice in, both equitable distribution states and community property states, the parties are encouraged to actively participate in, and come to agreement on, the fair division of their marital assets and liabilities. But unless you and your spouse are experts in the financial matters pertaining to divorce, this can be a dangerous path to walk.
I have more than 15 years experience with families and churches in conflict management and resolution. Clear thinking and calm presence  is a must in stressful interpersonal situations so I’m balanced between a logical head and caring heart. Skill and experience in crisis counseling, de-escalation and conflict resolution is what I bring to to the table. As a  former ER chaplain, I’m sensitive to diverse faiths and beliefs, and understand many of the differences that age, education, setting and lifestyle can make in dealing with conflict. I know my limits in dealing with different cultures yet have much inter-cultural experience. Immersed in language study in college, I also lived with people from over 20 countries including people from Africa, South America and Asia.
Although many mediating couples are amicable and work well in mediation, there are also many couples who are very emotional about the divorce and don't think they can negotiate face to face. Part of every qualified mediator's training is in assisting couples who have high emotions but who still would like to work things out peacefully. People do calm down and become effective mediation participants when they see that the process can work without adding to the high emotional and financial cost of divorce.

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:
Even if you and your partner do not agree on much, divorce mediation could still be for you. Check out The Divorce Mediation Quiz for typical issues to think about when considering divorce mediation. If you and your partner think that divorce mediation could be a sensible solution for your family, you should learn more by meeting with a divorce mediator who can answer questions specific to your situation.
In addition, a finding of irretrievable breakdown must be supported by evidence that either a) the parties have lived separate and apart for a period of not less than 180 days immediately preceding the date of service of the divorce petition; OR b) there is “serious marital discord adversely affecting the attitude of one or both of the parties toward the marriage.” [5]

A dissolution of a marriage shall be granted by a county or district court when the court finds that there has been an irretrievable breakdown of the marriage relationship. An irretrievable breakdown of the marriage relationship is achieved by living separate and apart for at least 180 days or serious marital discord adversely affecting the attitude of the husband, wife, or both towards the marriage. (Minnesota Statutes - Chapters: 518.06, 158.13)

Following trial and final written submissions, the judicial officer is allowed up to ninety days to issue written "Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree" which is the legal document dissolving your marriage and deciding all issues involving your children, property division, child support, spousal maintenance and attorney fees. After the issuance of the Judgment and Decree, Minnesota Law has a set procedure and time limit to allow either party to ask the court to correct any perceived or actual errors; to argue to the court to change its' decision; or, to argue that based on alleged errors, a new trial should take place. Although a new trial is rarely granted, it is not uncommon, especially when presented with complex issues, for the Court is slightly amend its' decision following the original judgment and decree.


The length of time to complete a divorce depends upon several things.  If both sides reach an agreement or if one spouse never responds to divorce papers, a divorce doesn't take much time.  If both sides can't agree, then the judge has to decide. In this case it will take much longer because the court will need to gather information and schedule time in order to make a fair decision.   Gathering information might mean having a custody evaluation done or getting financial information.

By far, the easiest and cheapest way to complete the divorce process is if you and your spouse are in full agreement about major issues and you represent yourself.  That is why you should make every effort to come to an agreement with your spouse prior to starting the divorce procedure.  You will save a lot of money and effort by filing a Joint Petition for Summary Dissolution of a Marriage and fulfilling the court’s requests without legal counsel. MyDivorcePapers.com can offer valuable guidance and the forms necessary to complete this process with minimal cost and effort.
There is a growing movement toward using alternatives to traditional litigation to resolve divorce cases. One of the most popular options is mediation, which involves both spouses, and their attorneys, meeting with a neutral person trained to help them come to an agreement that is mutually acceptable. Our family law lawyers have often served as divorce mediators in Minnesota and represented hundreds of clients as such.
This is usually a very smart thing to do, to prevent the other spouse from racking up debt in your name. I’ve seen it happen countless times. And while this can be accounted for, it’s much easier to just avoid the issue in the first place. Also, remember that even if the Court orders your spouse to assume this or that joint credit card debt, the Court has no authority to absolve you of your contractual liability to the creditor. So the joint debt will remain on your credit history, and will still be your problem to deal with if your spouse ever stops paying or pays late.
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.
Civil lawsuits- those involving land, inheritance, or services provided, are most often moved to the end of any Court’s calendar. Often, a civil matter will not be heard before a judge for more than two years after the case is filed with the Court. This long delay for justice/resolution, together with the high costs of trial, often make litigation impractical. It is not uncommon for attorney fees, expert witness fees, filing fees, court reporter fees and other related costs to exceed the amount in dispute.
Divorce mediation is a voluntary settlement process used frequently and successfully by married couples who want to divorce, and by domestic partners who want to separate. Divorce mediation gives couples the option to plan their futures rationally, and in an atmosphere of cooperation and mutual respect. With the assistance of a trained divorce mediator, you can reach an agreement that is custom-made for your family, your finances and your future. To learn the answers to frequently asked questions about divorce mediation, please review our FAQs.
Did you know that there are other ways to dissolve a marriage then to file a traditional divorce? When parties are willing to come to the table to cooperate together, mediation may be a great option. During a divorce mediation a neutral third party serves as a mediator and can help parties decide the terms of their divorce. A Brainerd divorce mediation lawyer will be able to assist you through this process and potentially allow for a more amicable dissolution.
But there's another way. Increasingly couples are turning to divorce mediation as a realistic and healthier alternative. A couple meets with a mediator to hammer out an agreement covering all the terms of their divorce, including finances and child custody. This usually takes six to 10 sessions and costs roughly $5,000. As a litigator and mediator I prefer to mediate, if appropriate. It's faster, cheaper and, most importantly, less acrimonious, which is less damaging, not just for a couple, but also their children.
NOTE: There are many ways to divide real estate in a divorce. The court forms for marriage dissolution (divorce) only give you 1 option -- one spouse gets 100% of the house, cabin, or other real estate, and the other spouse gets a lien. But, you can change the court forms. An attorney can explain other options, advise you about the law, and draft terms to meet your situation. If your divorce involves real estate, you should get advice from a lawyer on your legal rights and options.
×