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.
Kallemeyn & Kallemeyn, Attorneys at Law, provides services to clients in the Twin Cities and the Northern Suburbs such as Coon Rapids, Blaine, Anoka, Andover, Ham Lake, Chaska, Hopkins, Plymouth, St. Louis Park, Chanhassen, Wayzata, Shakopee, Maple Grove, Edina, Eden Prairie, Columbia Heights, Crystal, Golden Valley, Richfield, Bloomington, Shorewood, Brooklyn Center, Roseville, Minnetonka, Minneapolis, and St. Paul Minnesota.
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.
In any case where parties cannot agree about custody or parenting time of the children, the court will require the parties to attend an orientation and education program. Some courts have programs for children to attend. The program covers the impact that divorce and the restructuring of families and legal proceedings have upon children and families. It will also cover methods for preventing parenting time conflicts and options for resolving disputes.
Notwithstanding all of the above, mediation can often be the process that helps break an impasse and result in a reasonable settlement of one’s case. But for mediation to work, both parties must be prepared to compromise. If you approach mediation with the attitude that it will be an opportunity to convince the other party to do things your way, mediation will likely fail. That said, be careful not to concede too much. A lawyer can give you an appreciation of where the line is between generous cooperation and foolish capitulation.
A party who is dissatisfied with the court's decision may ask the trial judge to change his or her decision or set a new trial or appeal to the Court of Appeals. No new evidence or testimony is taken by the Court of Appeals. Appeals are hard to win. Usually when the Court of Appeals overrules a trial judge, it is because the Court of Appeals believes the trial judge made a mistake about the law.
Each spouse has the right to sell, give away, or dispose of any property the couple owns. For example, either person can withdraw money from a joint bank account. Either can charge on a joint credit card. There are some exceptions to this general rule. Neither spouse has the right to cash checks made out to the other spouse. Neither spouse can withdraw money from a bank account if it is in the name of the other spouse only. Neither spouse can sell a motor vehicle that is in the name of the other spouse. Neither can sell real estate that is in both names or in the name of one spouse.
Basic support is for the child's expenses, such as food, clothing and transportation, and does not include payments on arrears. It is calculated by multiplying the paying parent's percentage of the combined Parental Income for Determining Child Support (PICS) by the combined basic support amount. If a court orders parenting time to the paying parent of ten percent or more, he/she may receive a deduction from basic support, based on the percentage of court-ordered parenting time.
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.
Julia actually came to my rescue twice. The first time, I was fortunate enough to stumble across her website while looking for divorce mediation. We did not have the time or money for court battles; we just needed someone to insert some sense and sanity into what is already a tricky and painful process. Julia was able to make our divorce process simple and straightforward, and we both felt like we were heard! Four years later, I contacted Julia again to help me with the next intimidating process of amending the divorce agreement. Again, I felt like she did her conscientious best to humanize and streamline the process (and save me money!) with her compassion, quick thinking, and thorough attention to detail. And as a bonus: she answered my panicked emails in a timely and kindly fashion.
But not every couple is a good candidate for mediation—and it can be hard to know in advance who’s going to find the process helpful and who’s going to find it useless—or worse, enraging. To get a better idea of warning signs, I spoke to Rachel Green, the family lawyer in Brooklyn, New York, who handled my own separation ten years ago. Below, the eight signs that mediation might not be right for you.
This booklet explains your rights in a Minnesota divorce and includes information on custody, parenting time, child support, maintenance, abuse, and division of property. This booklet does NOT tell you how to get a divorce without the help of an attorney. Divorce law is complicated and changes often. Each case must be handled differently. Unless your divorce is very simple, it is usually a good idea to have an attorney.