In order to make custody determinations the court evaluates the best interests of the children using 13 key factors which are defined in MN 518.17.In addition to being financially expensive, formal custody evaluations are also often highly adversarial and emotionally damaging for all involved, especially the children. In the end, a “victory” is often bittersweet and both parents will have some amount of court ordered parenting time. Rather than seek to prove that one parent is better than the other, it is critical to recognize that both parents are important in different ways – each providing that which can only be given by a mother or a father. You are the experts about your life and your children. You are the best qualified to make decisions about how to restructure your family and parenting time after divorce. As your mediator, I help you evaluate and discuss parenting time options and make child-focused decisions about how each of you will remain significantly involved with your children.
Attorney fees vary from hundreds of dollars if the case is easy to thousands of dollars for cases with custody and/or property disputes. It is important that you understand your payment arrangement with your attorney. Many attorneys charge an hourly fee for their services. You will be charged each time the attorney works on your file. Ask your attorney for a written “Retainer Agreement” or letter which explains in detail how you will be charged for legal services.
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I provide legal services for families facing family law issues in Amherst, Springfield, and Western Massachusetts. I specialize in mediation, uncontested divorce, out-of-court divorce negotiations, and divorce consulting and document review. I will work with you to arrive at solutions regarding child support, parenting plans, property division, debt division, and spousal support issues. I will help you to make thoughtful transitions that ensure financial stability, secure parenting plans for children, and legal closure on difficult emotional issues.
Patrick C. Burns is an experienced lawyer with a comprehensive practice of real estate, family, and general litigation. Mr. Burns has extensive experience in the courtroom, and is known for his focused and intense advocacy for his clients. He is one of the few attorneys to successfully appeal an intent to revoke a housing license in Hennepin County and regularly represents landlords in all types of leasing, licensing, and litigation matters. He has successfully foreclosed on hundreds of liens and regularly advises homeowners' associations on declarations, amendments, and remedies in collecting dues. He is also an experienced family law litigator...
If the court finds that either spouse's resources or property, including the spouse's portion of the marital property, are so inadequate as to work an unfair hardship, considering all relevant circumstances, the court may, in addition to the marital property, apportion up to one-half of the non-marital property, which is otherwise excluded, to prevent the unfair hardship.
A child support obligation terminates automatically when a child turns 18, or graduates from high school — whichever comes later, but in no case beyond the child’s 20th birthday. . (A rare exception to this is in the case of a child who is incapable of supporting himself because of a physical or mental condition, in which case child support may continue throughout the child’s entire life).
State of Minnesota, District Court, County of __________, __________ Judicial District. This is the Minnesota court where the dissolution of marriage will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.
For unmarried parents, the mother has sole legal and physical custody unless and until the Court orders otherwise, pursuant to Minnesota Statute section 257.75, subdivision 3. Nevertheless, a mother should be careful before denying parenting time, because one of the many factors which the court considers in determining permanent custody is “the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.” Minn. Stat. § 518.17, Subd. 1(13).
After the mediator covers the rules of mediation and insures that any necessary agreements to mediate are signed, the mediator explains the mediation process. The parties or their representative may then make opening statements to identify issues and clarify perceptions. Many mediators will encourage the parties to begin a conversation during general caucus.
The guidelines use each parent's monthly gross income and consider basic, medical and child care support. A parent's monthly gross income is reduced by the amount of spousal maintenance or child support that the parent is ordered to pay from other support orders. Minnesota law allows a deduction from a parent's monthly gross income for a maximum of two non-joint children in their home.
Finally, parties may agree to continue child support past the statutory termination date. When this occurs, it is usually based on a mutual desire to support a child through college. Although the Court lacks jurisdiction to order child support beyond the statutory termination date, the Court does have jurisdiction to enforce a binding stipulation of the parties which provides for that.  If I am representing the obligor, I normally advise against this, because one can always support the children through college if one so desires. There’s no reason to get the Court involved.
Janet Rowles is a mediator specializing in high conflict and emotionally-difficult situations. In addition to doing divorce, post-divorce, unmarried relationship dissolution, and all types of family mediations, Janet does small and large group work including circle-keeping in Minneapolis public schools and facilitating large-groups such as condo as ... more
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.
What the mediator can do, though, is assist the divorcing couple in formulating ideas that can eventually lead to agreements that will stand the test of time. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
The court can also make an order restraining (stopping) an abusive or violent spouse from harassing or harming the other spouse or the children. The court can order one of the spouses to leave and not return to the home. A violation of this part of the order may be a misdemeanor. The party violating it can be ordered to pay a fine or go to jail.
Many lawyers charge a retainer fee of between $2,500 and $5,000 for average cases, and bill the client for services in addition to the time covered by the retainer. The retainer amount will be substantially more in complex cases, so the cost of mediation from beginning to end can be less than the combined retainer fees would be if the parties hired lawyers to handle the divorce.
The major difference between a legal separation and a divorce is that if you have a legal separation, you are still married. The wife may not resume using her former name. If you decide you want to end your marriage after a legal separation is complete, you will need to go through the court process to get divorced. Some couples choose legal separation because of religious beliefs or moral values against divorce. In other cases, there may be insurance or other financial reasons for a legal separation.
At Johnson Mediation, we focus on you, your family and your future by assisting you throughout the entire divorce process. We look at your unique situation to provide you the tools, expertise and resources so you can make fully informed decisions. Whether you agree on most of the issues and want to make sure you haven’t missed anything, or you can’t agree on anything and need ideas and potential solutions to consider, we can help you by providing the guidance to avoid a long and expensive divorce.
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.
With 3StepDivorceTM you will complete and print your Minnesota divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Minnesota in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in Minnesota, learn more about getting your Separation Agreement or learn more about the basics of divorce in Minnesota.
3. Be prompt. Courts are slow. Many attorneys, sadly, are chronic procrastinators and deadline-driven. Custody evaluators and Guardian ad Litems are slow. If you’re slow too, it compounds the problem. Furthermore, the quicker you can be in responding to whatever your attorney asks of you, the more likely it is that you’ll be able to settle your case sooner and at less expense. By acting quickly, attorneys are able to take charge of a divorce process, rather than being driven by court deadlines and various hearings and other requirements which might be avoided just by staying ahead of the game.
The law allows parents to make voluntary parenting plans. A parenting plan is a plan voluntarily designed by both parents based on the best interests of the child. A parenting plan must include a schedule of the time each parent spends with the child, who will make specific decisions regarding the child, and a way to settle disputes. An agreed-upon parenting plan may use terms other than “physical” and “legal” custody but it must clearly state if the parents have joint legal custody or joint physical custody or which parent has sole legal custody or sole physical custody.