All that's required to make a divorce mediation successful is for both people to show up willing to negotiate and open to compromise. Don't reject mediation just because you and your spouse see a particular issue very differently—in other words, don't give up before you've begun. Mediation is a powerful process and many cases that seem impossible to resolve at the beginning end up in a settlement if everyone is committed to the process.
While upwards of 95% of all cases settle short of trial, the most expensive and acrimonious manner of resolving your differences with your spouse is through a formal trial - and perhaps nowhere is the retention of skilled counsel more important. Trial involves extensive study of all facts and evidence relevant to your case, extensive preparation of witnesses for testimony, extensive preparation to conduct examination (questioning) of witnesses, extension preparation of exhibits summarizing your position as to the evidence, hopefully in a form understandable and convincing to the trial judge, strategy as to what witnesses will be called and in what order, as well as the actual trial examination of witnesses, which often, especially when "cross examining" opposing witnesses, requires the lawyer to think on their feet, and prepare questions on the spot as they hear evasive or unexpected answers.
I have been an attorney for 23 years, working exclusively in the area of Family Law. After an initial start handling workers compensation cases, I spent nine years as an assistant county attorney handling child protection, child support, juvenile delinquencies/truancies, guardianships/conservatorships and mental commitments in Southern Minnesota. In the late 90's I headed up a special grant to develop and teach battered women's advocates in basic housing laws along with handling housing and divorce cases. In 2000 I spent 7 months handling bankruptcy cases for families in financial crises. Since 2001, I have worked exclusively on family law matters involving...
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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.
After the mediator has gone over the basics, you'll get a chance to make a short statement about your situation, as will your spouse. After you've each had a chance to speak, the mediator is likely to ask some questions to clarify or get more information. The mediator may also reflect back what you've said, to be sure that both the mediator and your spouse have understood all of your points. The same will go for your spouse.
After the mediator has gone over the basics, you'll get a chance to make a short statement about your situation, as will your spouse. After you've each had a chance to speak, the mediator is likely to ask some questions to clarify or get more information. The mediator may also reflect back what you've said, to be sure that both the mediator and your spouse have understood all of your points. The same will go for your spouse.
There is no right to a free lawyer (like a public defender) in a divorce.  However, there are nonprofit law firms that provide free legal help or arrange for volunteer attorneys for low income clients. See the back of this booklet for information on legal services.  If free legal help is not available, or you do not qualify, you will need to hire an attorney or represent yourself in the divorce. 
Minnesota Divorce and Family Mediation is committed to helping clients determine their own divorce settlement, customized to their specific situation and standards of fairness. Mediation is an option that allows divorcing couples to maintain control over their decisions at a lower cost. Mediation is also an effective choice for never-married couples and for those experiencing post-decree conflicts.

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. 
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.
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.

Divorce mediation is about you and your soon to be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, your children. In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible. The issues covered include but at not limited to the following:
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....
Mediation is also confidential. Nothing said in mediation may be used against a person. Many times people tell me they agreed to something in mediation because they were afraid they might be seen as unreasonable. This should not be a concern in mediation, because of the confidentiality rule. (Outside of mediation, your lawyer can advise you as to what positions are reasonable or unreasonable).
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.
If the parties can not come to an agreement on how their marital property is to be divided, the court shall base its findings on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party. The court shall also consider the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker.
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.
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