The content of this website is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. To establish an attorney-client relationship with Williams Divorce & Family Law requires a retainer agreement signed by you and attorney Gerald O. Williams. Woodbury/St. Paul, Minnesota, attorney, Gerald O. Williams, represents clients in divorce and family law matters throughout the seven county metro area, including the communities of St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater. The seven county metro area includes Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.
Fees may be charged on an hourly basis, or by the day or half-day. In general, mediators help the parties meet, explore options, and negotiate a mutual settlement to resolve their dispute. Mediators do not determine who is right or wrong. Instead, they help the parties reach a solution on their own that works for them. Parties should seek mediators with mediation training, experience, and specific knowledge of family law. It's also important to consider the mediator's style and mediation philosophy.
Some people think it will be easier and safer to have an attorney fight for their legal rights. Unfortunately, maximizing your legal rights often comes at someone else’s expense (for example your spouse or your children). This is referred to as a “win-lose” situation. All too often the transactional costs (both financial and emotional) of a “win” far exceed the value of the victory, especially for children. Although a good lawyer can be helpful, the adversarial legal process is expensive and often seeks to solve problems through opposing positions, and win-lose thinking. In my opinion, this adversarial approach is not only expensive and emotionally challenging; it is also detrimental to the long-term well-being of the people involved, especially the children. It may surprise you to know that most of my clients are unrepresented and successfully reach a complete mediated divorce settlement without retaining an attorney. My standard advice to people considering which divorce process to choose is to start with mediation and see how it goes. You may consult with or retain an attorney at any time and you never give up your right to go to court if mediation is partially or completely unsuccessful. With success rates as high as 80–90% and average savings of 20-50%, it seems the better question to ask may actually be, why wouldn’t you try mediation first?
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.
The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.
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.
4. Use just one (1) attorney. Many people hire law firms to represent them, and end up in situations where more than one attorney is working on their case. This is inefficient, because each attorney involved needs to be independently educated about the case, and no attorney is as well informed as he would be if he were the only attorney on the case. I’ve seen billing statements from other firms with numerous charges for a “strategy conference” between attorneys in the same firm. I’ve seen billings for two attorneys from the same firm attending the same deposition. Obviously these duplicative charges don’t happen when you use a single attorney for your case.
When thinking about your divorce, it’s important to understand that when you work with Johnson Mediation, we leverage whatever resources you need that can work with you through the entire process. This means that not only do we offer our mediation services to guide you through any issues that arise when developing your agreement, we can help you negotiate any issues that come up after the divorce is finalized. While mediators cannot provide legal advice, we can offer legal information that can help divorcing couples, or couples that have already divorced, make informed decisions about issues that can impact their lives for many years to come.
At Dwire Law Offices, P.A., we offer trustworthy, personal service and practical, experienced representation. You are treated as a person who has a legal problem that needs solving, not as just another case file. Our attorney, Todd Dwire, has been guiding people through divorce and other family law issues in Lakeville and the surrounding areas for over 20 years
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
Decisions about spousal maintenance are often emotional and challenging. Unfortunately, MN law does not specify how to calculate a spousal maintenance obligation. Unlike child support, MN divorce laws are discretionary when it comes to spousal maintenance (alimony) stating only that many factors should be considered when determining the need for spousal maintenance as well as the amount and duration of the support. Relevant factors often include: the length of marriage, each spouse’s financially ability to be self-supporting, education and employment history, age, and the marital standard of living. Mediation encourages the use of reasonable budgets and information sharing rather than the traditional adversarial legal approach which often relies on exaggerated budgets and win-lose negotiation tactics. The creation of reasonable budgets allows you and your spouse to understand your individual financial needs as well as the financial realities of your situation. This mutual understanding is vital to the successful discussion and resolution of the spousal maintenance issue. I also utilize a specialized computer program which provides useful information about tax impacts and projected cash flow for each spouse before and after the exchange of financial support.
The United States is one hot destination. Whether the lure is Hollywood, the Statue of Liberty or the world's highest standard of living, people pour over American borders every day, searching for a good time or a better life. To do either, every one of these people is legally required to have a visa, issued by the United States Department of State. If someone comes to the United States without a visa, or stays after his or her visa is expired, that person is breaking the law.
In order to get a divorce in Minnesota, state law requires at least one of the parties to have lived within the state for at least 180 days (with some exceptions), but there is no waiting period after the divorce case has been resolved. However, non-resident parties may get divorced in Minnesota if the civil marriage was performed in the state and their current state of residence does not recognize the marriage because of sexual orientation.
In this stage, the tentative settlement agreement is put into writing and circulated to both spouses for review with their advisers. If the issues in your case are simple, the mediator may prepare a memorandum outlining your settlement and give you an opportunity to sign it before you leave the mediation session in which you finished up your negotiating. The memorandum can summarize the essential points of agreement and can be used as a basis for preparing a formal settlement agreement that will be filed with the court as part of the now-uncontested divorce case.
If you're getting divorced, you're probably going through an emotionally draining process. It's rarely neat and tidy, but the best way to ensure a relatively successful divorce is to work with a qualified attorney who can guide you through the process and represent your interests. Don't delay; contact an experienced Minnesota divorce attorney today.
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.
Also, divorce in the court system is public domain. Anybody can sit in court and hear the specifics of your divorce. On the other hand, mediation is confidential, private and conducted behind closed doors. In mediation, there are no attorneys putting up walls between you and your spouse. Mediation is about working together, doing things in the best interests of your children and focusing on being able to be parents for your children for years to come. Unfortunately, divorce in the court system is designed to put up that wall and limit communication, which inevitably leads to many post divorce problems and many more hours and thousands of dollars in court.
Dan is a leader in the field of transformative mediation. He is the author of the chapter on divorce mediation in the Institute for the Study of Conflict Transformation's ("ISCT") TRANSFORMATIVE MEDIATION SOURCEBOOK. He is a Past Chair of the Minnesota State Bar Association's Alternative Dispute Resolution Section. He served for 6 years on the Mi ... more
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.
As a mediator, I have found that custody mediations are frequently transformative. Parties deal with the fact that they'll have an ongoing relationship as parents. And they realize that when it comes to the kids, they can be on the same side. The result? Parties come up with a parenting plan they've jointly agreed on and gain tools to communicate with each other about their children. And research shows that parents who mediate have a better long-term relationship with their children.
In cases where the child is approaching the start of kindergarten, or will be transitioning to middle school, junior high, or high school, this can be a closer call. Obviously the quality of the school will matter. Fortunately school statistics are readily available, including standardized test scores. The Minnesota Department of Education provides School Report Cards on their website.
If you do move out, take steps to guard against destruction of property. Videotape the contents of the home (e.g., furniture, art and other valuables) and make copies of important documents (birth certificates, account statements, deeds and insurance policies) before you leave. You may also consider taking your own family heirlooms and other personal, irreplaceable items with you.
Judges often tell litigants not to argue over the physical custody “label.” They often say that it is not important. Years ago, the physical custody label had a major impact on the issue of child support and out of state moves. Because of statutory changes, that is no longer the case at all. There is debate in the bar as to what if any legal impact the physical custody label has now that those two considerations have been removed.
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.
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.
2. Take with you all of the household goods and furnishings, and other items of personal property which you want to have, and inventory what you take. Although it is not a law, the old adage “possession is nine tenths of the law” is very applicable here. The reason boils down to the fact that litigating personal property issues is usually prohibitively expensive, because it normally costs more to litigate than the stuff is worth. So if you ever want to see it again, it is much simpler and easier to take it with you when you leave. [Caveat: don’t get too greedy. If you empty the place out and leave the spouse and children to sleep and eat on a bare concrete floor, you will not look good].
The success Fellows of the Minnesota Chapter of the American Academy of Matrimonial Lawyers have had is based in part on the business sophistication and experience of many of our attorneys. That experience carries forward after trial, to the detailed written summations of the evidence and the law, submitted to the trial judge either immediately prior to or after trial, depending on the preferences of the judicial officer assigned to your case.
Many of those who have successfully gone through divorce mediation note it is a much less expensive alternative to litigation. The costs of litigation are generally an unknown until the case settles. At that time the spouses may be shocked at the level of fees they have incurred through attorney’s fees, expert witnesses, depositions, preparation of the case for trial, filing motions back and forth and many other things associated with divorce litigation. Mediation, on the other hand, allows couples to have a good estimate of the number of hours it will take to resolve the issues at hand. The ultimate goal of mediation is to resolve the issues quickly, and this translates to financial savings.
Although each mediator has his or her own approach, most mediations tend to move along the same lines. You'll usually start with a phone call in which you'll speak with the mediator or an assistant and provide background information about your marriage, your family, and what the issues are. Some mediators want a great deal of basic information before the mediation begins, while others prefer to gather all of the information in the first meeting when everyone is present.
Remember that even though your children may be small today, as they grow up your roles as parents will change. You may have to consult with each other on important life decisions such as medical needs, or see each other at milestones like graduations, weddings, and the birth of your grandchildren. Learning to effectively co-parent early on will help you years down the road.
All in all, when a couple is committed to making divorce mediation work, the likelihood of success is high. No matter how you currently feel about your spouse remember how you once felt, and try to end your marriage on the most positive note humanly possible rather than with bitterness and acrimony. Mediation can help you achieve this goal by offering a safe place to discuss your disputes as well as gentle guidance to help you solve those disputes.
Very few things in any family law issue are black and white. Our job is to step back and help you look at the larger picture in terms of what you have to get out of your divorce versus what might be emotionally driven. We sit down with you to discuss whether what you are asking for is worth pursuing and how a judge might handle a situation if your case ends up in litigation.
Minnesota courts require couples seeking a divorce (and without a history of domestic violence) to use a mediation service prior to finalizing the divorce. Mediators are conflict resolution experts, often with legal training, who attempt to help couples come to an agreement on ongoing issues. Mediation is not legally binding, but it may help shorten the divorce process or make it unnecessary. On average, mediation is 20-50 percent cheaper than a traditional divorce.
In the end, spouses who go through divorce mediation are much more likely to be satisfied with the final results. During a litigated divorce, neither spouse is likely to get what they asked for, leaving at least one of them angry and bitter over the outcome. When the final award is totally unexpected, that anger and bitterness only increase. Such a decision can leave that spouse feeling powerless and victimized. He or she may feel the judge was biased, and the settlement was far from fair or equitable. Mediation limits the feelings of victimization, even when the financial settlement is relatively modest.
Although there certainly are several different styles of mediation, there are several things you can depend on no matter what style your mediator uses. Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you, which is natural and inevitable, in a way that helps you to work together as parents after your divorce.
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.