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.
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.
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).
All property that was acquired during the marriage is called "marital property." It does not matter whose name is on the title. Both parties are assumed to have made an equal contribution. A homemaker's work in the home counts as an equal contribution. This "marital" property is divided fairly. Usually, fairly means equally. The court will decide the value of all the property and try to divide the property so that each spouse gets approximately half of the overall value. If one spouse has misspent the family's income, or misused or taken property, the court may award more property to the other spouse to make up for that. If one spouse has special needs, the court may award more property to the needy spouse.
Emptying the joint bank checking or savings account in anticipation of divorce would ordinarily be frowned upon, unless you had a very justifiable reason. Be warned, however, that your spouse may beat you to it. I’ve seen joint bank accounts cleaned out by the other party many times, and many times there is unapproved spending by the other spouse as the divorce approaches. Although this can be accounted-for and compensated-for in the divorce property settlement, it can still cause great difficulty if you need the money during the pendency of the proceedings and have to litigate to get any of it back.
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.
When discussing issues concerning custody parental access, think about where your kids will spend most of their time: where they go to school, where they take dance and karate and other extra-curricular activities. Think about whether they have any special needs and how you’ll care for them, how you’ll cover any private school or college costs, and where they’ll spend birthdays, holidays, and special occasions.
Brian James is a Divorce Mediator with offices in Northern Illinois and Southern Wisconsin. He is the founder and owner of C.E.L. & Associates, a private mediation firm that focuses on pre and post decree divorce issues. His background consists of 10.5 years working with domestic violence and divorcing families in the Criminal Justice System. He is a member of numerous mediation organizations and local chambers of commerce. His goal is to assist his clients in their time of need and help them work out agreements that are best for them and their children. At the same time, he tries to save his divorcing couples time and money that is otherwise wasted in the court system. What would you rather do with your money during a divorce, pay it to an attorney or invest it in your child's college education?
Like legal custody, physical custody can be “sole”  or “joint”. “Joint physical custody” means that "the routine daily care and control and the residence of the child is structured between the parties."  Unlike joint legal custody, joint physical custody is the exception rather than the norm, and is usually only granted if both parties agree to it.
A party who is dissatisfied with the court's decision may ask the trial judge to change his or her decision or set a new trial or appeal to the Court of Appeals. No new evidence or testimony is taken by the Court of Appeals. Appeals are hard to win. Usually when the Court of Appeals overrules a trial judge, it is because the Court of Appeals believes the trial judge made a mistake about the law.
Conversely, there is no way to finalize your divorce through mediation alone. Even if you reach a tentative agreement in mediation, this agreement must be formalized in a written stipulation, signed by both parties and their attorneys, and ultimately approved by the Court.  This signed stipulation — not your verbal agreements from mediation sessions — is what becomes the enforceable terms of your divorce, and should be prepared or at least reviewed and revised by your lawyer before you sign.
The best mediators have both a high level of experience and knowledge about divorce and family law and a calm and diplomatic approach to the situation and towards each of the parties. Mediators who have spent many years as attorneys, representing clients in mediations and litigations, have had the opportunity to see many situations and many types of resolutions. As mediators, they are often able to help clients think outside the box and craft creative solutions. They can also offer perspective on how similar cases have been perceived by the courts. But the mediators approach in presenting this information is also critical. Mediators need to be able to rise above the emotion and conflict that is often present, and help the parties see what is and isn’t relevant to resolving their case.
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.
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Your agreement can include all parts of a divorce or focus on only financial or child-based issues. Again, this is up to you. The mediation process is confidential. Aside from agreements reached in writing, everything said in mediation is confidential. Like a psychologist’s office, your mediator cannot be called as a witness to anything said in mediation. This confidentiality lets couples discuss matters more freely than before a judge and lets them move past and resolve issues.
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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.  Later, after the six-month residence requirement is satisfied, the case can be converted to one for divorce.
On average, pre-decree divorce mediation can be completed in 4-10 sessions. Again, how long it takes really depends on what if any communication there is between the divorcing couples and their level of animosity for each other. If either one of the spouses is unwilling to budge from their certain position on a divorce issues, mediation may not be an option for them and they may have to litigate in court. Once this happens, communication is shut down and the fight begins.
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.
The first opportunity for the Court to decide custody is normally at the temporary relief hearing. In Hennepin County, this can easily be four months or more from the date of filing. In other counties, it can be much speedier, as in Dakota or Scott County, where a temporary relief hearing date is normally available within about 3 weeks. Once the motions for temporary relief are heard, the Court has 90 days to rule, although they normally get temporary orders out within two to four weeks.
Patrick C. Burns is an experienced lawyer with a comprehensive practice of real estate, family, and general litigation. Mr. Burns has extensive experience in the courtroom, and is known for his focused and intense advocacy for his clients. He is one of the few attorneys to successfully appeal an intent to revoke a housing license in Hennepin County and regularly represents landlords in all types of leasing, licensing, and litigation matters. He has successfully foreclosed on hundreds of liens and regularly advises homeowners' associations on declarations, amendments, and remedies in collecting dues. He is also an experienced family law litigator...
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Court cutbacks mean that judges have less time to handle every case; many times, people find themselves stalled for months at a time waiting for a court date or for something to ‘happen’ on their case. Parties can spend tens of thousands of dollars on attorney fees and then one or two years later fire both attorneys and come up with their own agreement. Mediation lets people move forward at their own pace.
Marital property is defined as property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation.
The court will order a reasonable amount of child support to be paid by the non-custodial parent. Minnesota law has guidelines that say how much support should be paid. The court can also order either parent to pay medical insurance premiums or expenses and to pay part of child care costs. The court considers the parent's income or ability to earn income and the number of children supported.