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)

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....
People often ask, “Does mediation really work?” In a word, yes. We know from years of research that when you compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.
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.
“Your Honor, the Petitioner moved out four months ago, and since then he has only had the children every other weekend, by his own acquiescence. Now all of a sudden he wants custody [or more parenting time, as the case may be]. This is clearly a disingenuous request which should be summarily denied. The schedule the parties have been following has worked well for the children, and for the sake of their sense of stability and continuity, it should continue.”
Under both Minnesota law, [1] and federal law, [2] as long as you yourself are a party to the conversation, it is lawful for you to record that conversation, even secretly. Furthermore, such recordings happen often enough in family practice that you are wise to assume that any telephone conversation with your spouse is in fact being recorded, and to temper your speech accordingly — i.e., no anger, name-calling, or spiteful speech of any kind.
Very few divorce cases actually go to trial.  Most cases are settled before the trial begins.  Usually the attorneys and the judge have a short meeting before the trial starts.  The purpose of this meeting is to decide what must be addressed during the trial and what has already been settled by the parties. The attorneys also make agreements so that the trial will be easier, faster, and less formal.  For example, they might agree on the order in which witnesses will testify.
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.
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.
·         Long-term or Permanent: If the marriage lasted over 10 years or if one party is unable to support themselves, the court can order a longer period of alimony or even permanent alimony in certain circumstances. The court may also order this when one spouse cannot work because he or she is a full-time caregiver of a child with significant mental, physical, or medical needs.
If you can afford an attorney, but don't know any, ask a friend who was satisfied with his or her attorney.  You can also look in the yellow pages under "Attorneys."  You can contact the local bar association's attorney referral service listed below.  The Lawyer Referral Service can give you the name and telephone number of an attorney in private practice in your area who may be able to represent you.  You may have to pay an initial fee for the first appointment with the attorney.  You may be able to negotiate how much you will pay the attorney for representation in a divorce. Many attorneys will ask for payment of some money before the divorce is begun. This is called a retainer.
This is usually a very smart thing to do, to prevent the other spouse from racking up debt in your name. I’ve seen it happen countless times. And while this can be accounted for, it’s much easier to just avoid the issue in the first place. Also, remember that even if the Court orders your spouse to assume this or that joint credit card debt, the Court has no authority to absolve you of your contractual liability to the creditor. So the joint debt will remain on your credit history, and will still be your problem to deal with if your spouse ever stops paying or pays late.
A total of 194 people have started their divorce through 3StepDivorceTM in the last 24 hours and 2021 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
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.

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.

If one party denies under oath that the marriage is irretrievably broken, the Court may not grant the divorce without finding irretrievable breakdown, after a hearing and consideration of all relevant factors, including but not limited to: 1) the circumstances that gave rise to the commencement of the proceedings; and 2) the prospect of reconciliation. [3] The Court may not find irretrievable breakdown as long as a reasonable prospect of reconciliation exists. [4]


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.

Clients often ask whether they should move out of the marital home prior to or during the commencement of divorce proceedings. The answer is very clear: “it depends”. Generally speaking, if child custody, parenting time, or possession of the home might be an issue in the proceedings, I advise against it. Although no legal precedent is created by moving out, the lawyer for the remaining occupant routinely argues that:
The Petitioner must personally serve the Respondent (non-filing party) with the Summons and Petition, unless a Joint Petition is filed. The Respondent has 30 days to answer the Petition. In the case of service by publication, the 30 day time period does not begin until the expiration of the period allowed for publication. In the case of a Counter-Petition for dissolution or legal separation to a Petition for Dissolution or Legal Separation, no Answer to the Counter-Petition is required, and the original Petitioner is deemed to have denied each and every statement, allegation and claim in the Counter-Petition.
All divorce mediators will work hard to put everyone at ease, allowing the process to proceed in an informal, comfortable atmosphere. Most divorce mediations last from two to five sessions. While these sessions are structured to address specific issues in a specific order, one party or the other may need to gather additional information or consult with their attorney. In this case the specific issue may be skipped, and readdressed later. If both spouses agree, other professionals such as child psychologist, accountants or attorneys may be allowed to attend the mediation in order to clarify specific issues. If both parties agree, a relative or trusted friend may attend mediation, however their participation in the process is extremely limited. Children may be present during later sessions if the parents agree, but rarely during the first session.
You can access most of the necessary divorce forms at the Minnesota Judicial Branch website. Remember, there may be additional documents required by your county's circuit court, so please check with your circuit court before filing to assure that you have all the correct forms. If you feel like you need more help, you can use Rocket Lawyer to Find a Lawyer who's right for you.

“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.
Often, spouses’ interests will overlap. This is especially likely if the interests involve a concern for other people, such as children. When an overlap like this occurs, it increases the likelihood of finding settlement options that address their common concerns. Of course, it’s not always possible to negotiate an agreement that satisfies fully all of the interests of the disputing parties. Some interests may have to be compromised, especially in divorce, where limited resources must be divided between two households. But if the focus is on identifying and addressing each person’s most important needs and interests, the resulting compromises will be ones that both spouses can live with.
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.
3. Be prompt. Courts are slow. Many attorneys, sadly, are chronic procrastinators and deadline-driven. Custody evaluators and Guardian ad Litems are slow. If you’re slow too, it compounds the problem. Furthermore, the quicker you can be in responding to whatever your attorney asks of you, the more likely it is that you’ll be able to settle your case sooner and at less expense. By acting quickly, attorneys are able to take charge of a divorce process, rather than being driven by court deadlines and various hearings and other requirements which might be avoided just by staying ahead of the game.
The parties in a mediation are not required to reach an agreement, and sometimes they don't. Whether the case settles or reaches an impasse, the mediator usually meets with the parties together at the end of the session. If the case has neither settled nor reached an impasse, the mediator will likely encourage the parties to attend another mediation session.
When a couple has made the decision to enter into divorce mediation, there are preparations which can be made which will ensure the mediation is more beneficial to both parties. Having an experienced divorce attorney in your corner is important before you attend mediation. Because a mediator is unable to give legal advice to either party, your legal questions can then be answered by your attorney. Before attending mediation, it is a good idea to make sure you are organized. This means having all documents pertaining to the issues you will be discussed together in a cohesive manner and bringing those documents to mediation.
Many metropolitan counties, as well as more and more outstate counties, have developed several innovative tools aimed at facilitating quick resolution of traditionally volatile areas - custody/parenting time and economic disputes. If the court is advised a custody/parenting time is present, the judicial officer will suggest that the parties participate in an "Early Neutral Custody Evaluation," referred to as a Social Early Neutral Evaluation "SENE" or in some counties and in others a Custody and Parenting Time Early Neutral Evaluation "CPENE." In this process the parties and counsel will be quickly scheduled to meet with two experts on child custody matters, one male and one female. Many counties have rosters listing the names of people certified to act as an Early Neutral Custody Evaluator. The parties and counsel will meet for three hours with the evaluators, with each party then afforded the opportunity to explain their role in raising the children, and what type of a parenting schedule they believe to be in their children's best interests. The two evaluators will then briefly adjourn, and then return to advise the parties what recommendation would result from a full custody evaluation. Many parties are able to reach a settlement of most parenting time issues after hearing this informal report.

Hello, my name is Matt Majeski and I am the owner/operator at Majeski Law, LLC at 539 Bielenberg Drive, Suite 200, in Woodbury, Minnesota. I focus my work on divorce law and other family law issues. I serve across Minnesota, however the bulk of my practice works in the following five county area: Washington, Dakota, Anoka, Ramsey, and Chisago. Please check out my website at www.majeskilaw.com if you'd like more information. Thank you. I'm happy to give a free phone consultation to identify your situation, determine if Majeski Law can help you with your family...
But there's another way. Increasingly couples are turning to divorce mediation as a realistic and healthier alternative. A couple meets with a mediator to hammer out an agreement covering all the terms of their divorce, including finances and child custody. This usually takes six to 10 sessions and costs roughly $5,000. As a litigator and mediator I prefer to mediate, if appropriate. It's faster, cheaper and, most importantly, less acrimonious, which is less damaging, not just for a couple, but also their children.
The Petition for Dissolution of Marriage must declare the appropriate Minnesota grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:
If one of the parties is awarded ownership of the home or other real estate, the Judgment and Decree will describe exactly how the transfer is to happen.  Many times, the Judgment and Decree orders the other party to sign a Quit Claim Deed.  A Quit Claim Deed transfers his or her rights in the real estate to the party who was given the property.  The Quit Claim Deed and the Judgment and Decree are filed with the County Recorder or Registrar of Titles.  If the property is registered (called Torrens) property, the owner's duplicate certificate of title is needed.  The Quit Claim Deed and the Judgment and Decree are then "memorialized" by the Registrar of Titles and a new title issued.  If the Quit Claim Deed is not signed and provided, you should check with an attorney and/or the County Recorder or Registrar of Titles to find out what to do.

5.    Neither party absolutely needs a personal attorney to handle this process. A neutral lawyer can complete your paperwork and file relevant court documents. Some parties even opt to use pro se forms and submit all paperwork themselves. However, even if your divorce appears simple and amicable, you can benefit from speaking with an experienced Minnesota family lawyer about your case.
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.
At Gunther Law Office, we want you to be able to focus fully on overcoming your accident and injury, free of worry over the cost of our quality representation. Therefore, we provide our services on a contingency fee basis—which means no recovery, no fee. You will owe no attorney fee unless we win your case, and you take home monetary compensation f ... more
The mediator will not allow one party to overpower the other in mediation. If one of the parties is unable to be effective during this process, the mediator will stop the mediation. However, many persons who considered themselves to be the "weaker" of the two spouses have been quite effective in mediation. As an unsophisticated spouse of a very powerful business executive once said, "I have the power to say no, and my spouse better listen or we'll wind up in court."
Don’t ignore it! First, you should read the Summons and Petition completely and decide whether you agree with what it says or not. Second, you should make sure you note any hearing dates. This will give you your timeframe for responding the the Petition. If you do not go to the hearing, the case will end in a default decision and your spouse will receive whatever he or she asked for in the Petition. If you have any objections, or if you do not understand what the Summons and Petition say, contact an attorney for guidance.
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.
Litigating a divorce results in both parties operating under attack and defend mode. When mediation is used, the process is much more peaceful and conciliatory. Both parties are allowed to explain their position and perspectives on all the issues, leading to a generation of solutions which ultimately benefit both spouses and their children, if any. Parties to divorce mediation have decision-making powers and must agree to each provision in the final agreement. Couples who agree to terms voluntarily are much more likely to comply with those terms in the future, and much less likely to find themselves back in court fighting about perceived violations of the terms.
Notwithstanding all of the above, mediation can often be the process that helps break an impasse and result in a reasonable settlement of one’s case. But for mediation to work, both parties must be prepared to compromise. If you approach mediation with the attitude that it will be an opportunity to convince the other party to do things your way, mediation will likely fail. That said, be careful not to concede too much. A lawyer can give you an appreciation for where the line is between generous cooperation and foolish capitulation.

In addition to the child support guidelines, the court shall take into consideration the following factors in setting or modifying child support or in determining whether to deviate from the guidelines: (1) all earnings, income, and resources of the parents, including real and personal property, but excluding income from excess employment of the obligor or obligee (2) the financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported; (3) the standard of living the child would have enjoyed had the marriage not been dissolved, but recognizing that the parents now have separate households; (4) which parent receives the income taxation dependency exemption and what financial benefit the parent receives from it; (5) the parents' debts; (6) the obligor's receipt of public assistance under the Aid to Families with Dependent Children (AFDC) program. (Minnesota Statutes - Chapters: 518.551, 518.552)

As a family law attorney, my primary focus is to support clients through the legal process so they may transition into the next chapter of their lives. Prior to representing clients, I worked as judicial law clerk in Hennepin County Family Court. Working side-by-side with judges, I gained an immense understanding of family court procedure, and how judges decide cases. I translate that experience to my practice every day, assisting clients in making the best decisions for their families. I have experience representing clients in all aspects of family law cases, including divorce proceeding, child custody and support matters,...


Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Minnesota, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.


Joseph Cordell, licensed in MO and IL only. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Kimberly Lewellen licensed in CA only. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. Jerrad Ahrens licensed in NE and IA only. Lisa Karges, Florida Resident Partner - Tampa, FL. Giana Messore licensed in AR only – Little Rock, AR. Phyllis MacCutcheon licensed in CT and NM only. Office in Ridgeland, MS.


Many of the facts and circumstances that a divorcing spouse feels are important, are likely to be of little importance to the court. It‘s unrealistic to assume a judge can review all of the circumstances that led to the divorce. The issues are simply too complex, the court lacks time to hear all of it, and in the end, they aren’t usually relevant to the case, especially in a no-fault state like Minnesota.


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.
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.
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.
Mediation is confidential and private, as opposed to divorce litigation, in which little privacy is afforded. Whatever goes on in mediation remains private, while grievances aired in a courtroom become part of the court record and are public. Any communications between parties during mediation are confidential with certain exceptions. These exceptions include child or elder abuse or one party talking about a crime they committed or one they intend to commit. The confidentiality of the mediation process allows spouses to speak openly and directly to one another without the fear something they say will be used against them.
In some cases, there will be a temporary relief hearing. This hearing can take place after the Summons and Petition have been served. At the hearing the court makes an order that sets the rules for the parties until the divorce is final. A temporary relief hearing is especially important if children are involved and there is disagreement over custody, or if child support needs to be decided right away.
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