To put this amount into perspective, a typical retainer paid to a divorce attorney (by one spouse) is $2,000 (or more); which means, if you both retain an attorney the starting price will likely be at least $4,000. The sticker shock gets worse when you consider that many sources indicate that when each spouse is represented by an attorney the average US divorce costs around $15,000. This same research indicates that divorce mediation in general is between 20-50% cheaper than the traditional adversarial legal process.
If you and your spouse agree on the terms of the divorce and filed the Joint Petition for Summary Dissolution of a Marriage, then you will probably need to attend a court hearing so that the judge may issue the final divorce decree. If you have minor children but still have an uncontested divorce you may file a Joint Petition for Dissolution of a Marriage, after which the judge may schedule a short hearing to discuss details of child custody before issuing the final decree.
Even if you and your partner do not agree on much, divorce mediation could still be for you. Check out The Divorce Mediation Quiz for typical issues to think about when considering divorce mediation. If you and your partner think that divorce mediation could be a sensible solution for your family, you should learn more by meeting with a divorce mediator who can answer questions specific to your situation.
Lisa Watson Cyr has devoted her practice to the area of Divorce and Family Law since being admitted to the Minnesota Bar in 1998. Her experience and depth of knowledge ensure that her clients receive the highest quality of representation in dealing with all aspects of family law matters including divorce, custody, parenting time, child support, marital and non-marital property, alimony, and paternity. She is an effective negotiator and skilled litigator, always keeping the best interests of her clients as her sole focus. Although Lisa believes her clients are best served by a negotiated settlement and strives to settle matters...
This is a common fear which is rooted in the adversarial legal system. The reality is that many parents who are mediating their divorce separate before the divorce is final, some even purchase a second home. Living together after a decision has been made to divorce is extremely difficult. Separation provides many people the distance they need to more successfully manage the challenges and difficulties of divorce. During mediation you have many opportunities to be creative and solve problems in a cooperative and mutually beneficial manner.
If alternative dispute resolution is not able or available to resolve temporary issues, many counties will allow formal hearings to decide temporary issues, including who will have temporary possession of the homestead during the proceeding, who will pay the mortgage, taxes, insurance and utilities on the homestead, what type of temporary custody/parenting arrangement is in the children's best interest, what amount of temporary “child support” is appropriate, what amount of temporary “spousal maintenance”, if any, is appropriate, who should pay other debt on a temporary basis, and whether there should be an award of temporary attorney fees. These requests are traditionally based upon written “motions” which is a written request for relief, with the “testimony” reflecting your position being summarized in a sworn, written affidavit. Sometimes you will also submit affidavits from other people in support of your position. The attorneys will then argue your position before a judge, who thereafter will issue a written order deciding the temporary issues.
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.
If you cannot afford to pay an attorney, you may be able to get assistance from the legal services office in your area. A list of the legal aid offices in Minnesota begins on the next page. You must meet low-income guidelines to be eligible for legal services (legal aid). You may be referred to a volunteer attorney program by the legal services office.
The Brown Law Offices, P.A., is a northwest Twin Cities divorce and family law firm. We serve primarily Hennepin, Anoka, Sherburne and Wright County. In addition to divorce, our lawyers handle custody, child support, alimony, paternity, prenuptial agreements, step-parent adoptions, harassment restraining orders and cases involving domestic abuse. Jason Brown founded the Brown Law Offices, P.A., in 2003, after clerking for the (now retired) Chief Judge of Minnesota’s Tenth Judicial District. He is an experienced trial lawyer, who handled a wide variety of cases (including civil commitment, criminal defense, probate, personal injury and commercial litigation) early in his career....
With collaborative law, you and your spouse each hire specially-trained collaborative attorneys who advise and assist you in resolving your divorce-related issues and reaching a settlement agreement. You will meet separately with your own attorney and then the four of you meet together on a regular basis, in "four-way" meetings. A collaborative divorce usually involves other professionals, such as child custody specialists or neutral accountants, who are committed to helping you and your spouse settle your case without litigation. Ordinarily, both spouses and their attorneys sign a "no court" agreement that requires the attorneys to withdraw from the case if a settlement is not reached and the case goes to court.
The cost of mediation may be based on Florida Statutes which provide a reduced rate for couples with a combined income of less than $100,000. Both parties will file a financial affidavit in order to establish the exact fees for divorce mediation. A Florida judge may waive mediation requirements but generally will not do so. Costs associated with divorce mediation may include the mediation costs, filing fees, recording fees, and service of process fees if the mediation is court-ordered. These fees may be levied against the non-prevailing parent if the court determines that parent is able to pay.
A trickier question is whether you may record the other parent's conversations with the children. Under the doctrine of "vicarious consent," as long as a parent or guardian has "a good faith, objectively reasonable belief that the interception of telephone conversations is necessary for the best interests of the children," then he may consent to the interception (i.e. listening in or recording the call) on behalf of the children.  However, this can be risky, because if there is any dispute about whether your vicarious consent was in good faith or objectively reasonable, you may still end up having to defend against possible criminal charges or a civil lawsuit. The Wagner case I have cited, for example, was a civil lawsuit by a one parent against the other parent who had recorded telephone calls between the children and herself. The Court allowed that lawsuit to proceed because there was a genuine issue of material fact as to the motivations of the parent who had made the recordings. I don't recommend recording any such phone calls without first consulting a lawyer.
Most mediators will emphasize the problem-solving aspect of negotiation at this stage. The problem to be solved is finding settlement options that address each spouse’s most important interests as fully as possible. With this focus, you’ll be able to negotiate by trading off acceptable options instead of getting locked into zero-sum bargaining, where one spouse’s gain is the other spouse’s loss.
We are a full service divorce mediation office. We help each couple reach agreement on all issues, then facilitate drafting, notarizing and mailing of the legal documents to the court. Kent's focus is on helping each family through this difficult change, so the family experiences less conflict, less damage to important relationships and lower f ... more
In most cases, divorce is a difficult and painful process, both emotionally and financially. The traditional practice of hiring a lawyer and litigating in court to end a marriage is not only expensive, but can lengthen the process, increase contention, and cause additional and unnecessary stress on you, your spouse, and your children. Because of this, more and more couples are looking to mediation to walk them through the intricacies of divorce and help navigate parenting agreements. While divorce is rarely an easy event, the goal of mediation is to encourage and support you in developing the best solutions for your individual situation, in a collaborative way and on your time line, which ultimately lessens the negative impact of divorce on you and your family.
All marriages prohibited by law shall be absolutely void, without any decree of dissolution or other legal proceedings, with the following exception. When a person who's husband or wife has been absent for four successive years, without being known to the person to be living during that time, marries during the lifetime of the absent husband or wife, the marriage shall be void only from the time that its nullity is adjudged. If the absentee is declared dead, the subsequent marriage shall not be void.
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.
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)
After service, the receiving spouse must file an answer. If the spouses agree on the conditions of their divorce, they may file a Stipulate Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree, which will put them on a proverbial fast track to ending their marriage. However, if the receiving spouse disagrees with the petitioning spouse, then he or she may serve the petitioning spouse an answer that explains why he or she disagrees.
After discovery is completed, the attorneys will typically work with you to formulate a settlement proposal which is presented to the other side, either as part of a settlement meeting at one of the attorney's offices, or simply through a letter sent to the other lawyer. The attorneys will prepare a balance sheet summarizing your assets and liabilities. In Minnesota, the law requires an "Equitable Division of Property," which typically, but not always indicates an equal division of property. Parenting time proposals may also suggest the future use of a "Visitation Expeditor" or "Parenting Consultant" who are neutral third parties retained to assist in resolving future parenting and parenting time disputes. When the parties have children, settlement discussions will also involve "child support", which is currently set pursuant to "child support guidelines" based on a comparison of the gross incomes of both parties, and the amount of time the children will spend with each party. If one of the parties lacks the resources to support themselves, settlement discussions will also involve requests for either temporary or permanent "spousal maintenance." Pursuant to Minnesota Law, spousal maintenance while based on a consideration of several factors, ultimately will be based upon a consideration of the marital standard of living, the needs of the spouse requesting maintenance and the ability of that spouse to meet those needs as compared to the needs of the spouse from whom maintenance is sought, and their ability to meet their own needs and still contribute to the support of the requesting spouse. Maintenance may be temporary or permanent, depending on the facts of the case, including length of marriage whether there is any uncertainty as to if the spouse requesting maintenance will ever be able to become fully self supporting.
The small hourly cost for the attorney’s time is well worth the expense as it helps the client to make decisions and thereby move the mediation forward. In addition, at the point in the process when the parties have finalized all their agreements and a draft Separation Agreement is prepared, it is advisable that both parties review that agreement with their own attorney before they sign it. After all, this document will have lasting impact on their finances, their children, and their lives for some time to come, and it is prudent and wise to be sure that they both fully understand the terms in the agreement and that it accurately reflect their wishes.
Like all states, Minnesota requires both parents to support their children, even after a divorce. The amount of child support depends primarily on each parent's income and other resources, and how much time each parent spends with the children. In addition, sometimes the courts will "impute" income to a parent who has the capacity to earn more than he or she actually is earning. To learn more about child support, see Nolo's Child Support area.
Minnesota is a purely "no-fault" divorce state, meaning that you can't allege that your spouse's wrongdoing was the cause of the divorce. Instead, most divorces are based on the grounds that the parties have irreconcilable differences that have led to the breakdown of the marriage. However, fault may be considered by the court as a factor in dividing property or awarding alimony. To learn more about whether Minnesota uses fault as a determining factor in alimony and property issues, see Nolo's Essential Guide to Divorce, by Emily Doskow.
“ A thousand kudos to you and your professional staff and excellent service. Without your help I would have spent thousands of dollars for no good reason. The documents were prepared without flaw, and my divorce was granted on the terms that were agreed upon without any problems whatsoever. The time frame from initial filing to final decree was less than a month. ”