It can be difficult for a client to know whether his or her lawyer is performing well or not. Sometimes even the best of lawyers does not achieve the desired result, and it may be due to a difficult set of facts, a bad judge and/or custody evaluator or guardian ad litem, or unrealistic expectations. There are some clear indications of bad lawyering, however, which are objectively obvious:
You can ask the court for an Order for Protection. It will order the abuser to stop all the abuse and threats. It can also order the abuser to leave the home, to stay away from your work place or school. It can provide for temporary custody, child support and use of the car or home. It can also do other things to protect you and the children. It doesn't matter whether or not you've started a divorce or if you're still living together.
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.” 
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...
The other party is often awarded a lien or a mortgage for a share of what the property is worth. A lien is a claim on the property. The party awarded the real estate owes the other party the amount of the lien or mortgage. The Judgment and Decree usually sets a date by which the payment must be paid. If the lien is not paid when due, the party owed the money can ask the court to order the other to pay the lien, or to change division of the property in the Judgment and Decree. In the case of a mortgage, the holder of the mortgage could foreclose.
Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you in a way that helps you to work together as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced. Mediation brings about communication between the couple, which can then be used when they must discuss issues in pertaining to the children. Lack of communication may have been one of the main reasons for their divorce. Mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and make their post-divorce relationship better than their married one.
I’ve heard of cases in which one spouse is so eager for custody of the children that they will relieve the other spouse of any duty to pay child support—which is not in their or the children’s best interests. Green says, “This is explicitly contrary to New York legislative policy—the kids shouldn’t be bargained for the money. The two things are determined separately by the court, so there’s no reason to take less than you’re entitled to under the formula.”
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.
Mediation preparation is often limited, as there is no formal discovery. Frequently, mediation begins with a "general caucus" where the parties and the mediator meet in the same room. The mediator establishes the ground rules in an "agreement to mediate." In court-mandated mediation, the court order will often contain or refer to the "rules of mediation." One of the most important mediation rules is the requirement for confidentiality.
Seeing headlines like these, who doesn't think that hiring a $1,000-an-hour divorce attorney is the best way to get what you deserve? But in reality, divorce isn't a winner-take-all sport. In community property states (like California) courts have to split marital property down the middle. In states that don't have community property laws (like New York) they split assets equitably.
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Divorce mediation still feels like a new idea in some parts of the country, but it’s increasingly well-known and widely accepted. Mediation means different things to different people. In the form I recommend, you and your spouse would sit down in the same room with each other and with a neutral mediator. With the mediator’s help, you would work through all the issues you need to resolve so the two of you can get through your divorce.
Many times in life each of us come to a crossroads or encounter an issue in which we need to get legal advice on how best to proceed forward. At such times it is important to obtain guidance from someone who can act like a beacon in a possible sea of doubt or confusion. Mooney Law Office is committed to providing you with top notch legal representation. Mooney Law Office has represented hundreds of clients over the years in the ten county metropolitan area as well as out-state Minnesota. Every client is approached with a focus on integrity, advocacy and understanding....
If you're considering (or already facing) divorce, chances are, you have a million questions. And that's understandable. Your life - and the lives of your spouse and children - will soon be undergoing a seismic shift. That's why it's so important to sit down with a knowledgeable family law attorney and get answers to all of your questions before moving forward.
Although each mediator has his or her own approach, most mediations tend to move along the same lines. You'll usually start with a phone call in which you'll speak with the mediator or an assistant and provide background information about your marriage, your family, and what the issues are. Some mediators want a great deal of basic information before the mediation begins, while others prefer to gather all of the information in the first meeting when everyone is present.
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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.
If you and your spouse are splitting up, one question you may be asking is, “how will I support myself?” In this era of dual income families, when you get a divorce or legal separation, you often times also lose a portion of the source of your monthly rent, mortgage, bills, and more. This can often be a deterrent for people to get a divorce – even when they desperately need one. Lawmakers in Minnesota, as in all states, have allowed for spouses to petition the court for what is known as “alimony.”
Mediation is much less formal than courtroom litigation. Rather than being bound by courtroom etiquette and being under the burden of the technical rules of evidence, those involved in the mediation are seated around a table or in an informal office setting. The issues in question are discussed in a non-intimidating, non-threatening manner. Solutions and settlement options which are agreed to by both parties are the hallmarks of successful mediation. Mediation solutions also tend to be much more creative than the solutions which arise from litigation. The mediator will “brainstorm” with both spouses in order to arrive a good solution for each issue. So long as there are no violations of Florida laws, the final mediated agreement can be anything the spouses agree to with the help of their mediator.
Mediation is paid by the hour, and the parties generally split the fees equally, or pay the fee out of a joint account. The fees are paid in full either in advance or on the day of mediation. If the parties don’t finalize an agreement during the mediation, the fees paid may include time for the mediator to prepare a written summary, which is provided to both parties.
The length of mediation depends on what issues have been agreed to prior to mediation and those issues that need to be addressed during mediation. Also, the amount of time spent in mediation is contingent upon you and your spouse's willingness to come to agreements that are equitable for the both of you and your willingness to do what is in the best interests of your children. The time spent in mediation can be reduced if you and your spouse are able to come to agreements prior to mediation, or at the least, narrow down your options to a few workable ones. However, if you and your spouse are not able to discuss your divorce outside of mediation, it is strongly recommended that you avoid it at all costs. When couples try to work out issues on their own and it leads to arguments and "drawing lines in the sand", it makes mediation more difficult and time consuming.
A divorce can get complicated if the parties have property (real estate, automobiles, vacation property, pensions, jewelry, etc.) or minor children. Usually, the divorce can be done more quickly if the spouses agree on how to divide the property and handle custody and parenting time with the children. Many cases start out with a lot of disputes, but then the parties are able to reach an agreement. Parties often reach agreement after using alternative dispute resolution (ADR) services outside of court. NOTE: If you feel threatened by or unsafe with the other party, you may want to get legal advice or help from an advocate before using ADR.