As a mediator, I have found that custody mediations are frequently transformative. Parties deal with the fact that they'll have an ongoing relationship as parents. And they realize that when it comes to the kids, they can be on the same side. The result? Parties come up with a parenting plan they've jointly agreed on and gain tools to communicate with each other about their children. And research shows that parents who mediate have a better long-term relationship with their children.
“Legal Separation” is a major change in the status of your marriage. To get a legal separation you must serve and file a petition in Family Court in the county where you or your spouse lives. It is a separate process from divorce. In Minnesota, you don’t need to get a legal separation before you get divorced. Legal separation takes as long as a divorce, and costs just as much if not more. In many ways, a legal separation is the same as a divorce. Both include custody, parenting time, child support, and, if appropriate, spousal maintenance (alimony) orders. All the family assets and debts are permanently divided.

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.
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.” [5]
This can be problematic if a party needs to commence a divorce in Minnesota immediately, but neither party has yet been residing here for the requisite six-month period. In such cases, one should seriously consider a legal separation, which has no length-of-residency requirement, and which can afford much of the relief afforded by divorce, such as determinations of property possession, custody, parenting time, child support, and spousal maintenance. [2] Later, after the six-month residence requirement is satisfied, the case can be converted to one for divorce.

In some cases, the court may order spousal maintenance for a limited time while the spouse returns to school or trains for employment.  Permanent spousal maintenance may be awarded if the court finds that one of you will not be able to adequately support yourself.  The court will consider age, health, education, work experience, skills and other factors.
Once a marriage is far enough gone, the only remaining question is “How hard is it going to be to untangle our legal and financial lives and (if relevant) sort out custody?” For some couples, separating via mediation rather than litigated divorce has its appeal: Many people don’t want to cast their former spouses in the role of enemy, and mediation is a cheaper, more cooperative, and less adversarial process than a War of the Roses-type brawl.
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
1. If custody or parenting time is in issue, don’t move out without first getting an enforceable written stipulation addressing custody and parenting time after the move-out. The key is to have in place at least an interim parenting time schedule which affords you at least as much parenting time as you hope to obtain through the court. Otherwise, the longer you acquiesce to a pattern of parenting time that is less than you desire, the more of an argument the other party will make of it against you. Often arguments like the following are heard:
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. It shall be conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife. If there is a substantial change in value of an asset between the date of valuation and the final distribution, the court may adjust the valuation of that asset as necessary to effect an equitable distribution. (Minnesota Statutes - Chapters: 518.58)
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.
Taking or hiding a child, or not returning the child after parenting time, can be a serious crime.  Minnesota has a law which makes it a crime to deprive another of their custodial or parental rights.  Under this law, you do not have to have a court order giving you custody or parenting time.  If the other parent is hiding the child, you may be able to show that you have been deprived of your custodial or parental rights.
Early Neutral Evaluation (ENE) in Family Court Cases - For parents who are getting divorced, this statewide program connects them with judges and evaluators early in the court process to give them an opportunity to settle their legal issues. Parties can choose to participate in one or both types of ENE: a Financial ENE (FENE) to settle financial disputes; and Social ENE (SENE) to settle custody and parenting time issues involving their children.
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