Many individuals mistakenly believe that they’ve abandoned their equity in the family home by moving out. While the court may award the family home to the spouse living in it at the time the divorce is heard, the spouse that moved out will typically be awarded other property or a cash settlement equal to his or her equity in the home. The bottom line here is that you don’t give up your equity in the marital home by moving out.


Grounds which the courts in the past have recognized as valid reasons to permit out-of-state relocation are: a better job opportunity in the other state; [4] and joining a fiancé who resides in another state. [5] These reasons do not guarantee that permission will be granted, but they have been recognized as legitimate grounds for seeking such permission.
If the parties cannot agree on custody, the court will usually order county, court or social services or a guardian ad litem to investigate the ability of each parent to care for and raise the children.  The social worker, court services worker or guardian ad litem will usually interview each parent.  They will contact friends and family, teachers, counselors, doctors, and other professionals who have seen the family.  The investigator then writes a report to the court and makes a recommendation about custody.  Your attorney may be given a copy of the report.  The parties are usually required to pay the costs of a custody investigation based on their ability to pay. The court does not have to accept the recommendation of the investigator, but considers it very seriously.
A total of 194 people have started their divorce through 3StepDivorceTM in the last 24 hours and 2021 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
Eric graduated magna cum laude from Macalester College in St. Paul, MN in 1990. In 1994 he received a Doctorate of Law (JD) degree from the University of Minnesota. Following that, he spent the next two years as a judicial clerk for the distinguished Honorable Lois J. Lang, Judge of District Court, with a workload that primarily involved the drafting of divorce decrees, orders, and legal memoranda on a host of issues pertaining to divorce, child custody, child support, visitation, spousal maintenance, distribution of marital and non-marital property, valuation of property, domestic abuse and harassment, and the like....
Conflict, especially in a divorce or a breakup, need not be inevitable. Exploring mediation as an option means that you want to reach an agreement that serves both of you in a confidential, flexible, and cost effective manner. Mediation starts a process which will enable both of you to continue your lives as whole people, better able to parent together. The Court system assumes that parties cannot get along well enough to reach resolution on their own; the mediation/alternative dispute resolution process assumes that parties can do so.
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.
Remember that even though your children may be small today, as they grow up your roles as parents will change. You may have to consult with each other on important life decisions such as medical needs, or see each other at milestones like graduations, weddings, and the birth of your grandchildren. Learning to effectively co-parent early on will help you years down the road.
Getting divorced and resolving family law issues involves transitions that are not easy. I am an experienced divorce mediator and family lawyer, and I will guide you through these transitions with compassion, treating you and your concerns with respect. We will work together, one issue at a time, to create solutions that work for you and your family and ensure that the focus stays on the healthiest process and outcome for you and your children.

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.
The vast majority of divorcing spouses - 97% according to some research - resolve all issues without going to trial. More and more individuals are resolving their issues on their own. Attorneys have recognized this, and many seek to support divorcing spouses in this do-it-yourself process. For example, some divorcing spouses will meet with attorneys separately for a consultation, and then attend mediation on their own. This way, each spouse can be well-informed about their options, but still maintain control (and keep the costs down) as they move forward to resolve any outstanding issues.

Copyright 2018 Rocket Lawyer Incorporated. Rocket Lawyer provides information and software only. Rocket Lawyer is not a "lawyer referral service" and does not provide legal advice or participate in any legal representation. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. Use of Rocket Lawyer is subject to our Terms of Service and Privacy Policy.


When deciding which party to award a marital pet, a compelling argument is the pet’s attachment to the children. If there are minor children involved, who are very attached to the pet, the Court will likely award the pet to whichever parent has primary residence of the children. Another compelling argument is which party cares most for the pet. If you can prove that you were the one primarily responsible for feeding the pet, taking it to the vet, walking it, etcetera, then you will be much more likely to be awarded the pet.
Mediation is confidential and private, as opposed to divorce litigation, in which little privacy is afforded. Whatever goes on in mediation remains private, while grievances aired in a courtroom become part of the court record and are public. Any communications between parties during mediation are confidential with certain exceptions. These exceptions include child or elder abuse or one party talking about a crime they committed or one they intend to commit. The confidentiality of the mediation process allows spouses to speak openly and directly to one another without the fear something they say will be used against them.
No marriage shall be adjudged a nullity on the ground that one of the parties was under the age of legal consent if it appears that the parties had voluntarily cohabitated together as husband and wife after having attained the age of legal consent. Nor shall the marriage of any insane person be adjudged void after restoration to reason, if it appears that the parties freely cohabitated together as husband and wife after such restoration.
Through a series of joint sessions we work through the three main components of a legal divorce settlement (property division, financial support and parenting plan). Generally speaking we follow these steps: 1) make an action plan and prioritize issues to be addressed; 2) determine what information needs to be gathered and shared; 3) assess if additional professional assistance from appraisers, accountants, therapists, attorneys, etc. is needed; 4) share and document your property (assets and liabilities); 5) make decisions about dividing your property; 6) create budgets for separate living; 7) determine financial support needs (child support and/or spousal maintenance/alimony); and 8) develop a detailed and workable parenting plan. In all cases, your personal and private information is treated confidentially with the same care and concern as in the legal process. The final product of mediation is a Memorandum of Agreement which is a comprehensive document detailing your agreements and which serves as the basis for your legal documents which are filed with the court.
Anita Motolinia is a conflict resolution professional solely dedicated to the practice of mediation. Based in Minneapolis, Anita Motolinia Mediation serves people throughout Minnesota and the United States. She specializes in workplace, family owned business and divorce mediation. Her extensive mediation experience and training allow her to use a w ... more
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.
×