Here you will find an overview of Minnesota divorce laws. From the time the Petitioner (or Co-Petitioner) files the Petition for Dissolution of Marriage, until the time the Decree of Dissolution of Marriage is signed by the Judge of the County Court or District Court, Minnesota has certain procedures that need to be followed. These procedures are all in accordance with Minnesota laws, encompassing maintenance, child custody and visitation, child support, and equitable distribution.
If you have been ordered to pay child support and your situation has changed so that you cannot pay the amount of support ordered, it is important to contact the county child support officer right away. You can bring a motion to ask the court to lower your child support. If you do not bring a motion, there is little chance the court will forgive back support, even if you were unable to pay. For more information about child support, see our booklet Child Support Basics.
A spouse is not liable to (responsible for paying) creditors for debts of the other spouse except for necessary medical expenses and household articles and supplies used by the family while the spouses live together. A spouse is liable for credit card and other charges by the other spouse if both had agreed to be responsible to the creditor. A spouse may also be liable for credit card debt if that spouse has used the card in the past. Either spouse may close a joint credit card account at any time. In some cases, it may be wise to cancel credit cards immediately.
In conclusion, my advice to fathers is that they should not despair. If the children would be better off in the father’s custody, that is worth fighting for, and is winnable. I have gotten many fathers custody, even in the most dismal of predicaments. For mothers, my advice is to take nothing for granted. Against a determined father, the loss of custody is a very real possibility which you should take very seriously if custody is important to you.
In order to make informed decisions as to division of marital property, and appropriate amounts of child support and spousal maintenance, it is necessary for each party to be fully informed of identity of each parties' income and assets. This information is typically exchanged through a process known as discovery. This is a process in which the lawyers may utilize numerous techniques for obtaining the financial information necessary to fairly identify and value all income and assets. The lawyers may informally by letter request the information they feel is necessary to identify all marital income and assets, or, in some cases may feel the need to serve "Interrogatories" and "Requests for Production of Documents” which are formal questions and requests for financial information and documents, such as tax returns, bank statements, financial statements and other information, which must be answered and sworn to under oath, within thirty days. In today's practice, some court's control what discovery they will allow, and may not immediately allow for the service of formal discovery, preferring the parties first use informal discovery. The attorneys may also notice the depositions of the parties themselves, or other people who may have relevant information, such as bankers and business associates. At a deposition the witness is sworn under oath, and the attorneys ask questions of the witnesses, which testimony is preserved in writing by a court reporter. The attorneys may also employ experts, such as "vocational evaluators," in the event it is alleged that a spouse who has not been working or who has only been working part time, is able to earn income to contribute to their support. They may also employ accountants or other business valuation experts to appraise family-owned or closely-held businesses. They may also employ other experts to appraise other assets such as real property and personal property, such as furnishings, jewelry and artwork.
Although there are many types of mediation, the mediator’s role in general is to remain neutral; she cannot give advice to either party, nor can she act as either party’s attorney. However, the mediator can and does allow the parties to exchange information and encourage a level of trust in the other party and in the process so that parties can best find a solution that suits both parties.
A custody determination basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse can reach an agreement, it will be accepted by the judge unless it is not to be in the child’s best interest. If you cannot reach a custody agreement, Minnesota child custody law provides for the judge to decide the issue, after considering the following factors:
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....
Telephone or Skype Mediation: This option is usually selected if there are only a small number of outstanding issues. It is also an option if one or both spouses live out of the area. Depending on the number of issues, there may need to be more than one session. These sessions cost $145 (telephone) or $175 (Skype) per hour. (Minimum scheduled time for first session is one hour.)
Lesa Koski iis a state qualified neutral who became interested in mediation during law school more than 15 years ago. Lesa grew up in the Stillwater and Woodbury area and now lives in Hudson, WI. After a successful Health Care and Elder Law career, she is thrilled to begin working in her area of passion, mediation. Lesa wholeheartedly believes in f ... more
When custody is in dispute, a Minnesota court issues a custody order that is in the "best interests of the child." Joint custody will only be awarded if parents have shown the court that they are willing and able to cooperate. A court also examines several factors with the child's welfare in mind. They include (1) the child's preference, (2) each parent's health, (3) the child's health and whether any special needs exist, (4) each parent's relationship with the child, (5) which parent has been the child's primary caretaker, (6) each parent's ability to provide a stable environment for the child, (7) any history of domestic violence or child abuse and (8) any allegations of abuse.
Minneapolis family law attorney Geri Napuck delievers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.
A business which is the sole source of the couple’s income could end up shut down if the couple is unable to discuss the issues related to the business. This could lead to both parties suffering financially. A divorcing couple with a business can enter divorce mediation and may be able to come up with a compromise which could potentially save the business. Even if every little detail is not agreed upon, the mediator will attempt to get the couple to work together for the good of the business.
Jay has been a licensed attorney since 1980. He began his career as a public defender before transitioning into insurance defense work where he gained valuable experience and knowledge of the insurance industry and insurance practices. After founding Tentinger Law Firm in 1997, Jay practiced in family law as well as continuing his insurance defense work. Today, Jay focuses his time to working with small businesses and their litigation needs. Jay is a member of the Minnesota, Iowa, and Nebraska State Bar Associations and a no-fault arbitrator for the American Arbitration Association. He is admitted to practice before the...
In Minnesota, Marriage Dissolution proceedings, or divorces, are viewed as "no fault" proceedings. This means that a spouse does not have to prove the other spouse was at fault or did something wrong to cause the breakdown of the marriage to obtain a divorce. Either spouse may commence a divorce action by simply alleging that there has been "an irretrievable breakdown in the marriage relationship" - in other words, that in their opinion, the marriage is dead and there is no chance of reconciliation. If one spouse feels this way, even if the other disagrees, the court will ultimately grant the dissolution of marriage. Early in the process, if you do not believe that there has been an irretrievable breakdown of the marriage, the option of marriage counseling is possible. Unfortunately, if a spouse has set their mind to divorcing the other, it is unlikely that counseling can repair the marital relationship.
In reality, because mediation is such an adaptable and holistic approach to divorce, these common concerns are all well handled in the mediation setting. In fact, almost any divorce case, or really any family law matter, is suitable for mediation and the parties can successfully resolve their issues without the great expense and emotional costs of litigating.
Finally, mediation can be substantially less expensive than the court process. When parties hire a mediator from Bloch & Whitehouse, P.A., they typically split our reasonable hourly rate equally between them. By contrast, if both parties hire lawyers, the cost for each party could be double or triple the cost for each party’s attorney. Moreover, significant court costs and other fees are minimized as a result of choosing mediation.
Judges, evaluators, and guardians will often pontificate about the virtue of compromise and settlement, as if this were the ultimate objective of any reasonable person, rather than as a means to an end. They speak as if both parties are equally to blame for a failure to settle, when in fact such failure is often the result of only one of the parties, who is being excessively greedy, obnoxious, stubborn, or selfish.
The flowchart below gives an overview of different processes for completing a divorce in Massachusetts. In 95% of divorce cases in Massachusetts, the final terms of the divorce are agreed upon in a separation agreement that is written up outside of court and presented to a judge who approves it in a 20-minute hearing. There are very different routes, however, for reaching this separation agreement and brief hearing. In many cases, there are court actions–litigation or “contested divorce” processes–before a couple agree on the terms of the divorce in a separation agreement.
If you’re struggling with coming to terms with the fact that you need a divorce, now is the time to speak with a professional who has literally been in your shoes. Our owner Jeff Johnson has been through a divorce himself and understands the emotional toll it can take on a couple. If you’re tired of fighting and ready to put the past behind you, reach out to Jeff today to setup a free one-hour consultation. He can be reached by phone at 952-401-7599 or you can reach Jeff directly at firstname.lastname@example.org. Jeff looks forward to hearing from you soon.
These court actions add delays, thousands or tens of thousands of dollars of costs, and interpersonal stress to the process of reaching a separation agreement. As the chart illustrates, the only way to guarantee an uncontested divorce, with no expensive, antagonistic, and time-consuming court actions, is through divorce mediation, a collaborative law divorce process, or out-of-court divorce negotiations. Attorney Julia Rueschemeyer specializes in these forms of divorce, which avoid high costs, delays, and court legal battles. You can learn more about mediation, collaborative law divorce, and differences between fault, no-fault, contested, and uncontested divorce on other pages of this website.
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.
No dissolution shall be granted unless (1) one of the parties has resided in this state, or has been a member of the armed services stationed in this state, for not less than 180 days immediately preceding the commencement of the proceeding; or (2) one of the parties has been a domiciliary of this state for not less than 180 days immediately preceding commencement of the proceeding. The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (Minnesota Statutes - Chapters: 518.07, 518.09)
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...
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.
Going through a divorce can be one of the toughest times in your life. You need a lawyer who understands what you're going through and who can help you look at the practicalities as well as the legalities you need to deal with. You need a lawyer who can be aggressive and fight for what you are entitled to, but who will also be honest with you about what is reasonable in the eyes of the law.
If you or your children have been hurt or threatened by your spouse, the court cannot make you mediate. In this circumstance, the court knows that mediation wouldn't be safe or fair. For example, you might just "agree" because you're afraid of what would happen to you or your children if you didn't. Make sure to tell your lawyer, the court or the mediator, if you have been hurt or threatened by your spouse.
All that being said, be aware that contesting the divorce will add to the duration and expense of the case. Contesting the divorce itself can buy you some time during which to pursue reconciliation, and can be the leverage to obtain your spouse’s agreement to therapy or other reconciliation efforts, but at the end of the day, a persistent party will be able to obtain the divorce.
But not every couple is a good candidate for mediation—and it can be hard to know in advance who’s going to find the process helpful and who’s going to find it useless—or worse, enraging. To get a better idea of warning signs, I spoke to Rachel Green, the family lawyer in Brooklyn, New York, who handled my own separation ten years ago. Below, the eight signs that mediation might not be right for you.
A six-month review hearing can be scheduled to make sure parents are following court orders for custody, parenting time and child support. The court cannot change orders at this hearing, but it can take steps to make sure the orders are being followed. Either parent can ask for a six-month review hearing after getting a divorce, custody, child support or parenting time order for the first time. The court administrator can give you a form and the steps needed to ask for this hearing.
If the respondent does not answer the Petition within 30 days after it was served, the respondent is in default. The petitioner's attorney tells the court and a default hearing is scheduled. Default hearings are also scheduled when all of the relief to be ordered by the court has been agreed to by the parties in a written agreement called a Stipulation or Marital Termination Agreement. If both parties are represented by lawyers, the divorce may be finalized without a hearing. If both parties did not have lawyers or if the respondent never answered, there is a default hearing. At a default hearing only the petitioner and his or her attorney need to attend. The petitioner is sworn under oath and testifies to all the facts necessary for the court to order the relief requested in the Petition or Stipulation.
Information obtained in mankatofamilylaw.com may contain knowledgable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota licensed Attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in Your Family Law matter, contact 507-625-5000.
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.