This is based on the outdated belief that women know less about the marital finances than their husbands, therefore will not be left with a favorable outcome in the divorce. It is important to remember divorce mediators are neutral and have no interest in either spouse “winning.” Finally, most people believe couples who are barely speaking could not possibly benefit from divorce mediation. Divorce mediators are highly trained in alternative dispute resolution and are skilled at working with those who have significant levels of anger between them. Obviously, both parties will be required to speak at some point, but the divorce mediator may be able to help that happen.
I hired Howard Iken as my attorney to handle my divorce case. Not only did he secure a win for me in the eventual divorce trial, he was also successful in having the post divorce trial petitions (4) filed by my ex-husband dismissed. Mr. Iken is very professional and adept at developing strategies that are favorable to his clients. He is organized, thorough, creative and more than willing to go the extra mile. I would highly recommend Mr. Iken’s law firm to anyone seeking legal services.
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.
It is important to understand that each case is unique; however, a number of key factors influence the length (and cost) of your process. The first factor is preparation. Completing the requested preparations in advance and supplying the necessary documentation allows us to move more quickly. The second factor is complexity. Certain situations are simply more complicated to work through than others. That said, even the most complicated cases can be settled through mediation. During your free consultation, I am typically able to identify potentially complicating factors. Third is emotional readiness and conflict. Often times divorcing spouses are in a different stage of readiness; these differences can lead to conflict which may lengthen the time needed to resolve the issues. When you both feel ready to move forward and you are able to discuss the issues without a lot of conflict the process tends to move more quickly. Regardless of your particular situation, I am committed to helping all of my clients complete mediation as efficiently and cost effectively as possible, and believe that taking a divorce education class prior to beginning any divorce process can greatly increase your likelihood of success and efficiency.

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.


The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Minnesota orders all couples without a history of spousal abuse to use some type of alternative dispute resolution (ADR) before taking their case to court. One of the most common and generally successful forms of ADR is mediation. In this process, a neutral third party, known as the mediator, helps the couple work out their differences, usually resulting in a 20 to 50 percent reduction in costs over a traditional litigated divorce.
If you have been ordered to pay child support and your situation has changed so that you cannot pay the amount of support ordered, it is important to contact the county child support officer right away.  You can bring a motion to ask the court to lower your child support. If you do not bring a motion, there is little chance the court will forgive back support, even if you were unable to pay.  For more information about child support, see our booklet Child Support Basics. 
Courts may take title into account when determining whether a particular asset has maintained a non-marital component. For example, if one spouse amassed sizable savings before marriage and kept it all in a separate, individual account held in his or her name only, the separate title on the account may prove that spouse intended to preserve the non-marital nature of the savings.
Divorce can be a difficult and stressful process, even in amicable situations. Navigating the maze of legal issues is confusing for many separating couples. To make matters more complicated, there few hard-and-fast rules and rarely any black-or-white answers. Instead, the outcome of important matters such as property division, alimony and child custody hinges on the unique circumstances of your family.
People often ask, “Does mediation really work?” In a word, yes. We know from years of research that when you compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.
Some people think it will be easier and safer to have an attorney fight for their legal rights. Unfortunately, maximizing your legal rights often comes at someone else’s expense (for example your spouse or your children). This is referred to as a “win-lose” situation. All too often the transactional costs (both financial and emotional) of a “win” far exceed the value of the victory, especially for children. Although a good lawyer can be helpful, the adversarial legal process is expensive and often seeks to solve problems through opposing positions, and win-lose thinking. In my opinion, this adversarial approach is not only expensive and emotionally challenging; it is also detrimental to the long-term well-being of the people involved, especially the children. It may surprise you to know that most of my clients are unrepresented and successfully reach a complete mediated divorce settlement without retaining an attorney. My standard advice to people considering which divorce process to choose is to start with mediation and see how it goes. You may consult with or retain an attorney at any time and you never give up your right to go to court if mediation is partially or completely unsuccessful. With success rates as high as 80–90% and average savings of 20-50%, it seems the better question to ask may actually be, why wouldn’t you try mediation first?
If you are represented by an attorney, the question will arise whether your attorney should attend the divorce mediation with you. This is something you'll work out with the mediator, your attorney, your spouse, and your spouse's attorney. Very often, family law mediation sessions involve just the divorcing spouses and the mediator. This keeps costs down and ensures that you and your spouse do the talking and make the decisions (lawyers have a tendency to take over when they are present).

When custody is in dispute, a Minnesota court issues a custody order that is in the "best interests of the child." Joint custody will only be awarded if parents have shown the court that they are willing and able to cooperate. A court also examines several factors with the child's welfare in mind. They include (1) the child's preference, (2) each parent's health, (3) the child's health and whether any special needs exist, (4) each parent's relationship with the child, (5) which parent has been the child's primary caretaker, (6) each parent's ability to provide a stable environment for the child, (7) any history of domestic violence or child abuse and (8) any allegations of abuse.

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.
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 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.
In this first stage, the mediator works with you and your spouse to lay a foundation for the rest of the mediation. You give the mediator background information about your situation, and the mediator explains how the mediation will be conducted. Depending on how well you and your spouse communicate and what the issues are in your case, the mediator suggests an approach that should optimize the chances of reaching an agreement. You'll assess the issues on which you and your spouse agree or disagree, helping you to work together on an agenda for the rest of the mediation.
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.
“Dear Spouse: I very much regret that we have been unable to agree to a suitable interim parenting time schedule for the children pending the temporary relief hearing scheduled for xx/xx/xx. In order to spare the children the experience of our conflict over this issue, I will abide by the schedule you have unilaterally dictated while we await court action. Nevertheless, I want to make clear my strong objection to this interim schedule, which we both know is not in the children’s best interests.”
Going through a divorce can be one of the toughest times in your life. You need a lawyer who understands what you're going through and who can help you look at the practicalities as well as the legalities you need to deal with. You need a lawyer who can be aggressive and fight for what you are entitled to, but who will also be honest with you about what is reasonable in the eyes of the law.

Here you will find an overview of Minnesota divorce laws. From the time the Petitioner (or Co-Petitioner) files the Petition for Dissolution of Marriage, until the time the Decree of Dissolution of Marriage is signed by the Judge of the County Court or District Court, Minnesota has certain procedures that need to be followed. These procedures are all in accordance with Minnesota laws, encompassing maintenance, child custody and visitation, child support, and equitable distribution.
Sign and file a “Joint Petition for Divorce.” (Divorce court officials sometimes refer to this as the “1A form” and this divorces process as a “1A Marriage Dissolution.”) This is a divorce form that a) states when you were married and last lived together, b) identifies minor or dependent children of the marriage, c) identifies any family law court actions already in process, d) suggests an approximate date when the marriage irretrievably broke down (when it effectively ended), e) requests a divorce, and f) asks the judge to approve your “Separation Agreement” (see below).

As a family law attorney, my primary focus is to support clients through the legal process so they may transition into the next chapter of their lives. Prior to representing clients, I worked as judicial law clerk in Hennepin County Family Court. Working side-by-side with judges, I gained an immense understanding of family court procedure, and how judges decide cases. I translate that experience to my practice every day, assisting clients in making the best decisions for their families. I have experience representing clients in all aspects of family law cases, including divorce proceeding, child custody and support matters,...

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.
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...
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.
At the end of the petition is a section referred to as a prayer for relief, where the petitioner will indicate in general their desire that the marriage be dissolved, as well as their desires as to custody/parenting time, child support, spousal maintenance, property and debt division, and allocation of attorney fees. In Minnesota, the court may order one party to pay part of the other's attorney fees, based on consideration of two factors, the first being need, and the second being whether one party's conduct has unnecessarily increased the attorney fees of the other party.
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.
During a divorce, either party can petition the court to pay alimony or “spousal maintenance” to the other. Minnesota laws provide for this type of assistance so the lower earning spouses can maintain the same reasonable standard of living as before. Generally speaking, a court will be more inclined to order a longer period of alimony when the marriage was longer in duration.  
In this first stage, the mediator works with you and your spouse to lay a foundation for the rest of the mediation. You give the mediator background information about your situation, and the mediator explains how the mediation will be conducted. Depending on how well you and your spouse communicate and what the issues are in your case, the mediator suggests an approach that should optimize the chances of reaching an agreement. You'll assess the issues on which you and your spouse agree or disagree, helping you to work together on an agenda for the rest of the mediation.
I use only processes—mediation, collaborative law divorce, and out-of-court negotiation—that emphasize open, respectful communication. I am currently not taking "contested" cases, in which each spouse hires a lawyer and fights in court. If you have been served with divorce papers or need legal representation in court, you should contact a different attorney.
All people have power in different ways. It is my job as mediator to balance power and ensure that both clients have an equal voice and ability to impact outcomes. In mediation, power comes from knowledge and information. Documented information about assets and liabilities and a broad understanding of each other’s needs are what make you successful in mediation.

As a family law attorney, my primary focus is to support clients through the legal process so they may transition into the next chapter of their lives. Prior to representing clients, I worked as judicial law clerk in Hennepin County Family Court. Working side-by-side with judges, I gained an immense understanding of family court procedure, and how judges decide cases. I translate that experience to my practice every day, assisting clients in making the best decisions for their families. I have experience representing clients in all aspects of family law cases, including divorce proceeding, child custody and support matters,...

The court can appoint a "parenting time expeditor" (previously called a “visitation expeditor”).  This “expeditor” is a neutral person who will help solve problems about parenting time. An “expeditor” may not be available in all counties.  If an agreement is not reached, the expeditor will make the decision. The decision of the parenting time expeditor is "non-binding."  This means that the court can change the decision if either party brings a motion asking the court to resolve the dispute.  Until changed by the court, the parents must follow the expeditor’s decision. 
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