I’ve heard of cases in which one spouse is so eager for custody of the children that they will relieve the other spouse of any duty to pay child support—which is not in their or the children’s best interests. Green says, “This is explicitly contrary to New York legislative policy—the kids shouldn’t be bargained for the money. The two things are determined separately by the court, so there’s no reason to take less than you’re entitled to under the formula.”
If you were served with a "Summons and Petition" (you are the Respondent), you should talk to an attorney before you sign the "Answer and Counterpetition," and before you sign a "Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree" (which is an agreement with your spouse on how to divide all assets and debts).
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.
Finding a divorce lawyer who is experienced and reliable can reduce your stress and help you make the best choices possible. A good divorce lawyer should be a problem solver who is skilled at negotiation and possesses a solid trial background. If both parties are open to alternative dispute resolution, such as arbitration or mediation, finding a lawyer experienced in collaborative divorce or divorce mediation would be beneficial.
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.
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.
Mediation is confidential, allows you and your spouse to make the decisions, and is less expensive than filing a lawsuit. You can reach a positive agreement that is more customized than the one you might receive from a judge. In mediation, you are responsible for your attorney’s fees, as well as half of the mediator’s fees. In certain states, mediation is required by the court after a lawsuit has been filed; for example, North Carolina requires couples to attend mediation before a child custody trial and equitable distribution trial.
While it may be true that the two people are too emotional to sit down together alone, in mediation they work with their mediator, a trained professional and neutral third party, who has experience and training to help them focus on the issues at hand and to work together to resolve them. The mediator has many tools available to assist when emotions run high, such as caucusing by meeting with the parties in separate rooms or using an online platform until emotions have a chance to settle down. The mediator is skilled at helping the people to focus on the issues at hand and the future rather than the things that happened in the past that brought them to divorce in the first place.
Fill out and file Financial Statements. These statements document a) income, b) assets (house, cars, pensions, etc.), c) living expenses, and d) debts. There is a Long Form version if your annual income is over $75,000, and a Short Form version if your annual income is below $75,000. These forms disclose financial information that is necessary for coming to an agreement on Division of Marital Assets, Child Support, and Alimony (see Separation Agreement, below).
1st meeting: The couple and the mediator identify the issues needed to be discussed and the order in which they will be discussed, then decide what information needs to be gathered and shared. Between the first and later sessions the couple gathers all relevant financial data, or if necessary, the opinions of experts such as appraisers or accountants, with this material treated with the same care and concern as would be the case in the adversarial process.
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
Any information disseminated on this website does not constitute legal advice of any kind,and does not form the basis for an attorney-client relationship. As such, the reader of such information is advised to consult directly with a competent legal professional of their own choosing to discuss and answer any substantive legal questions they may have.
If a person wishes to terminate his or her marriage, he or she may file for a divorce. In a divorce proceeding, the court will terminate the marriage and determine the rights and responsibilities of the divorcing parties regarding child custody, child visitation, child support and spousal support (alimony). The court will also redistribute marital assets.
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.
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.
James W. McGill holds a Master’s Degree in Guidance and Counseling and is an honors graduate of Drake University Law School. Licensed to practice law in the State of Minnesota and the Federal Courts, McGill maintains a general practice with special emphasis in the areas of Mediation, Bankruptcy Law, Employment Law, and Alternative Dispute Resoluti ... more
Divorcing spouses who have a business may find it even harder to ensure their business continues to run smoothly during this difficult time. Family issues can intrude into the workplace, and if the business is shared by one spouse’s family, the tensions can increase exponentially. In this instance, divorce-mediation can help the spouses sort through the issues related to the business without costly litigation which also compromises the future of the business.
1. Never let your spouse suck you into a fight — even a verbal one. Once it starts getting heated, just withdraw from your spouse’s presence. While this won’t protect you against a spouse who is willing to make up a false abuse allegation out of whole cloth, it will protect you from a spouse who is trying to set you up to do something which will allow him or her to claim s/he was physically harmed or put in fear of imminent bodily harm.
During this stage, the mediator may first begin to discuss the general legal rules that might apply to your case. This can include the laws of your state dictating how a judge would divide your assets and debts, how child custody and child support would be decided, when and how alimony can be ordered, and laws dealing with related issues like taxes and life and health insurance. This general legal information will help you decide how to approach the issues in your case.
Kay Snyder Attorney at Law has offices in St. Cloud, Big Lake, and Cold Spring, MN. She's a part of the Chamber of Commerce in those communities, as well as many volunteer organizations helping those in need in the area who cannot afford legal counsel. Kay Snyder Attorney is also involved with the Minnesota State Bar Association, the Stearns/Benton Bar Association, Minnesota Women Lawyers, and the St. Cloud Downtown Council.
If the custodial parent wishes to leave the state, the other parent must agree that the children can move or the custodial parent must get permission from the court. If the other parent agrees, the agreement should be put in writing. The court must weigh certain factors when deciding whether to allow the move. The factors are things like the reason for the move and the child’s relationship with the other parent and other family members. The parent requesting the move must convince the court to give permission, except in domestic violence cases.
Thomas Tuft, a native of the East Side of Saint Paul, is a shareholder at Tuft, Lach, Jerabek & O'Connell, PLLC practicing in all areas of family law, including complex divorce, child support, paternity, and child custody. He is a Rule 114 Qualified Neutral, a Social Early Neutral Evaluator (SENE) and a Financial Early Neutral Evaluator (FENE). He has been named among the list of Minnesota SuperLawyers® since 2002 and has been named one of the Top 40 Family Law SuperLawyers in Minnesota since 2004. He has been named to the list of Top 100 Superlawyers® in Minnesota and the...
Susan uses a transformative approach to conflict intervention, which places the principles of empowerment and recognition at the core of helping people in conflict change how they interact with each other. With a background and education in coaching and counseling her ultimate goal is sustainable relationship improvement through the process of med ... more
It is understandable that when people reach agreements together based upon what they think is right and fair, their agreements are much more sustainable going forward than court orders that tell the parties what they must do or not do, pay or give to the other party. In fact, a great advantage of mediating your divorce settlement is that you will make all the decisions together about what is best for you both and for your children as you go forward.
Ms. Kugler practices exclusively in the area of family law. Karen works toward equitable settlements, but is skilled in trial advocacy. Karen discusses the risks and expense of litigation with her clients. She is a knowledgeable, empathetic, and assertive legal advocate and handles all family law issues: spousal maintenance, child support, property division, and custody at the trial and appellate levels. Karen is past Chair of the Minnesota State Bar Association (MSBA) Family Law Section and is a past Co-Chair of the RCBA Family Law Section. She is a frequent writer and speaker regarding family law, co-authoring the Child Support...
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.