If the respondent answers the Petition, the parties will try to settle the case by having their attorneys work out an agreement. This is called negotiation. If the couple is able to agree on everything (through negotiation or mediation), a written agreement called a Stipulation or Marital Termination Agreement is prepared and signed by both parties and their attorneys. The parties agree that one of them will present the Stipulation to the court. Just one party needs go to court. The other party usually does not attend. The court usually accepts the agreement made by the parties. A written Stipulation may also be presented to the court without the need for any hearing. This process can only be used if each party had a lawyer.
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.
When you have a choice, it is cheaper to cooperate with informal and limited discovery. In cases where the other party is not cooperative or not trustworthy, more formal discovery may be a necessity. Some of the formal discovery demands you receive will be objectionable. In most cases, however, it is much cheaper for you to just get the information and documents, than to pay your lawyer to argue with the other side about it. Also, don’t trickle it in piecemeal to your attorney if at all possible. Get it all together into one package, as complete and as organized as possible.
The complexity of the issues and ability of the individuals to be flexible as they negotiate a fair agreement determines the length of the mediation. Every case is different, but the average case usually takes at least three to four two-hour mediation sessions, spread out over at least a month or two. More complex cases can take four to six months to complete.
The Summons is a separate legal paper telling the respondent to answer the Petition within 30 days. If the respondent does not, he or she is in default and the divorce is uncontested. This means the petitioner (the spouse who wanted the divorce) may be granted the divorce and other relief requested. The Summons also forbids both parties from selling or getting rid of any property or harassing one another. It requires each party to maintain any insurance for the family. If one spouse spends money belonging to both parties after receiving the Summons, he or she will have to explain to the court why the money was spent.
The court may also require that medical insurance for an ex-spouse continues. For example, group medical insurance rates may not be available to one spouse or may not cover as many medical costs as the insurance available through the other spouse's employer. The court may order that the insurance through one spouse's employer continue. Either party may be ordered to pay the cost. This kind of insurance coverage is part of spousal maintenance.
The Petitioner (filing party) may file a Petition for Dissolution of Marriage in the county where either party resides. If neither party resides in the state, and jurisdiction is based on the domicile of either spouse, the proceeding may be commenced in the county where either party is domiciled. If neither party resides or is domiciled in the state and jurisdiction is premised upon one of the parties being a member of the armed forces stationed in Minnesota for at least 180 days before filing, the proceeding may be commenced in the county where the service member is stationed.
If your ex-spouse was ordered to provide medical or life insurance, but does not buy insurance or cancels the insurance, the court can order your ex-spouse to reinstate the insurance policy or get a new policy. The court may also order your ex-spouse to pay medical or hospital bills which should have been paid by the insurance. If cash was received for the policy that was canceled, the court can award you all or part of the money. You can also ask the court to find your ex-spouse in contempt of court.
In equal numbers, prospective clients come to me either excited about a perceived ace-in-the-hole because of the other spouse’s adultery, or worried about his or her own adultery. Neither attitude is warranted. The Courts couldn’t care less about anyone’s adultery in and of itself, or the immorality of it. Half the divorces they see involve adultery. In fact, there’s a very real danger that pressing this issue will backfire, making the accuser appear obsessive and jealous.
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.
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.
A Motion is a paper asking the Judge or Referee to decide an issue in a case. In a divorce matter, a Motion for Temporary Relief allows you to ask the court to issue a temporary order for child custody, child support, spousal support, and certain property issues. The Temporary Order allows you to get needed financial support while your case is pending in court. The Temporary order will expire when the final divorce decree is signed by the Judge and "entered" by court administration.