In order to begin a divorce in the state of Minnesota, one spouse must fill out or write a Summons and Petition for Dissolution of Marriage. Within the petition, the petitioning spouse must include information about the marriage like income, debts, children, and any property owned. After he or she fills out the petition it must then be served to the receiving spouse and filed with the District Court. Service must be done by a third party who can be a friend, the sheriff or a professional server.
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...
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.
They had about $700,000 of equity in their house and she wanted to give him about $100,000 to walk away—much less than the law allows. She was not at all willing to consider his perspective. “What I came to understand was from his perspective, he was an abused husband. And his having an affair—which is not the best way to handle difficulties in your primary relationship—was a desperate act, because now that they were going to have a baby together, he felt that he was trapped in this extremely unhealthy relationship, and this was the only way he could think of to get out. So it was very eye-opening for me.”
No case is too complicated to be settled using mediation. Often times the “complicated” cases are the cases which in the context of the adversarial legal system, cost the most, last the longest and create the most extreme long-term negative impacts for all involved. If you believe your situation is complicated, do yourself a favor and begin with mediation. Additional professional assistance within the context of mediation is always available in the form of accountants, appraisers, financial planners, therapists, child specialists, and attorneys
The major difference between a legal separation and a divorce is that if you have a legal separation, you are still married. The wife may not resume using her former name. If you decide you want to end your marriage after a legal separation is complete, you will need to go through the court process to get divorced. Some couples choose legal separation because of religious beliefs or moral values against divorce. In other cases, there may be insurance or other financial reasons for a legal separation.
In almost all cases, you will be required to attempt some form of alternative dispute resolution. This will typically take the form of "mediation" which is a process in which a neutral third party, typically an attorney trained in mediation, will attempt to assist the parties in reaching their own compromise settlement of some or all issues between the parties. The mediator does not make decisions, but rather facilitates a discussion between the parties (sometimes alone and sometimes with the assistance of counsel) aimed at reaching settlement of your issues. The mediation process is confidential, and if you are not successful in reaching a mediated settlement, the judicial officer will never learn what positions either party took in mediation. As part of the mediation process, the mediator will request both parties provide an accurate summary of income, assets and liabilities. It is recognized that sometimes, one party controls some or all of this information, and skilled mediators attempt to assure that there is a full and fair disclosure of financial information, and a full and fair discussion of the issues.
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.
If you own your home or other land, this property must also be divided fairly. The court may order the property sold so that each of you will have your share as soon as possible. The court might award one spouse the home and give the other spouse other property, such as retirement accounts, that equal the equity in the home. If the court believes that it would be better for the minor children to remain in the home, it may permit the children and the custodial parent to remain in the home until the children are 18 years old. Then the proceeds from the sale of the home will be split.
Another helpful approach for very high-conflict cases can include bringing an additional professional into the mix, such as a marriage and family therapist, who can meet with one or both parties in the mediation session or separately, as appropriate. The goal of the therapist is not to reconcile the parties, but to help them develop a better ability to communicate around the emotional roadblocks that they are facing. In the end, by going through the mediation process together and reaching reasonable solutions to the issues facing them, parties that mediate learn new ways of working together as they go forward into their new future. This is a huge benefit, especially when children and co-parenting are involved.
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....
Mediation also allows couples to avoid the risks of trial, protects confidentiality, and decreases stressful conflict. Mediation may also protect the children of a marriage from the pain of parental conflict. Because the parties work to create their own agreements, couples who mediate their divorce settlement often find greater satisfaction than those who go to trial. Moreover, the couples learn skills to help them resolve future conflicts.
Mediation is one of the most frequently used methods of negotiating a divorce settlement. In divorce mediation, you and your spouse—or, in some cases, the two of you and your respective lawyers—hire a neutral third party, called a mediator, to meet with you in an effort to discuss and resolve the issues in your divorce. The mediator doesn't make decisions for you, but serves as a facilitator to help you and your spouse figure out what's best.
If the parents can not agree on an appropriate custody arrangement, the court will examine what is in "the best interests of the child" by considering and evaluating the following factors: (1) the wishes of the child's parent or parents as to custody; (2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; (3) the child's primary caretaker; (4) the intimacy of the relationship between each parent and the child; (5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests; (6) the child's adjustment to home, school, and community; (7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (8) the permanence, as a family unit, of the existing or proposed custodial home; (9) the mental and physical health of all individuals involved; (10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; (11) the child's cultural background; (12) the effect on the child of the actions of an abuser; (13) except in cases in which a finding of domestic abuse, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child. (Minnesota Statutes - Chapters: 518.17)
Fill out and file Financial Statements. These statements document a) income, b) assets (house, cars, pensions, etc.), c) living expenses, and d) debts. There is a Long Form version if your annual income is over $75,000, and a Short Form version if your annual income is below $75,000. These forms disclose financial information that is necessary for coming to an agreement on Division of Marital Assets, Child Support, and Alimony (see Separation Agreement, below).
Courts in Minnesota usually only have power over people and things in Minnesota. This power is called jurisdiction. If the respondent was served outside of the State of Minnesota, or if the respondent could not be found and was served by publication or other special service, the Minnesota court might be limited to making only the following decisions:
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.
Just because an asset is titled in one spouse’s name does not mean that asset belongs exclusively to the title-holding spouse. How you acquired the property determines whether property is marital or nonmarital, which determines how (or whether) the property will be divided. Marital property includes assets purchased or paid for during a marriage. Marital property will usually be divided between spouses. Non-marital property is different, however. Nonmarital property includes assets that are acquired by only one spouse, either as a gift or inheritance, as property the individual brought into the marriage, or in some instances, that one party acquired alone during the marriage. An attorney can help you figure out what property is marital and what is not. An attorney can also advise you about how to protect your assets in a divorce.
For example, if there are two automobiles, each spouse is usually given one of them. This is especially true if the cars are nearly equal in value. If there is only one automobile, the court often awards it to the spouse who has the greater need for transportation. Extra items of personal property may be awarded to the other spouse so that the overall value of each share remains the same. Retirement accounts and whole life insurance policies are property too.
Although the advantages of mediation generally far outweigh the disadvantages, there are a few potential disadvantages associated with divorce mediation. A divorce mediator may not advise you on the legal aspects regarding the decisions you are making. This could result in an agreement which leads to a loss of important rights. This is why all mediated agreements should be looked at by an experienced divorce attorney prior to giving it to the judge for approval.
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...
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.
In cases where you and your spouse cannot come to an agreement on major issues, the judge will schedule a bench or jury trial that will require you and your spouse to present arguments supporting your respective positions. In the vast majority of trials, it is the attorneys with trial experience that do most of the arguing and presenting of evidence. In addition to the legal fees paid to the attorneys, there are usually many court costs involved in a trial and pre-trial proceedings.
If you and your spouse have been unable to resolve issues involving your children, it may be necessary to have a formal custody/parenting-time evaluation. There is generally a monitory cost associated with this evaluation. This evaluation can be conducted by the Court Services workers in the county your action is venued in, if the county has such a department. In most counties this work is contracted out to third parties. Some parties, however, prefer to retain their own neutral expert, typically a child psychologist with expertise in conducting such evaluations. Private evaluations typically are more expensive than those conducted by Court Services. Whoever conducts the evaluation, however, will interview you, your children, and such third parties who have relevant information as are necessary, including other family members, friends, neighbors, teachers, doctors and counselors. They will observe you interacting with your children, and may also administer psychological testing. At the end of this process, some evaluators will first make an oral presentation of their findings in the hope that their summary will facilitate settlement. If not, a formal written report is issued.
Minnesota is an equitable division state. In an equitable division state, each spouse owns the income he or she earns during the marriage, and also has the right to manage any property that's in his or her name alone. But at divorce, whose name is on what property isn't the only deciding factor. Instead, the judge will divide marital property in a way that the judge considers fair, but won't necessarily be exactly equal.
If you're considering (or already facing) divorce, chances are, you have a million questions. And that's understandable. Your life - and the lives of your spouse and children - will soon be undergoing a seismic shift. That's why it's so important to sit down with a knowledgeable family law attorney and get answers to all of your questions before moving forward.
The answer to this question can get complicated because it does not matter whose name is on the deed. What matters is the value of the home and the loan balance at the time of your marriage and at present. These factors are important because there may be a marital portion of the home with equity that must be divided, and there may be a non-marital portion, which will not be divided. An attorney can help you figure out what is marital and what is nonmarital.
5. Use an attorney who specializes exclusively in family law, so that you’re not paying so much for the attorney to “learn”. No lawyer has perfect and complete knowledge, but a specialist is not going to have to do nearly as much legal research as a more general practitioner. (Not to mention, a specialist will be more qualified to represent you in the best way possible, because of his experience).
While most parties find mediation to be an excellent alternative to the traditional litigation approach to divorce, it may not work for everyone. It is not as effective when one party is unable to express opinions fully and without fear, or when the parties refuse to compromise or mediate in good faith. Additionally, some legal commentators are concerned that mediators may be unable to handle the complex financial arrangements involved in some divorce agreements.
When it comes to divorce in Minnesota, it’s important to know that the state favors “equitable distribution.” This simply means that all assets are divided equally among both parties regardless of either party’s wishes. Sometimes, though, this doesn’t necessarily mean that “equitable” will be equal. Rather, the word fair is more the proper term to be used when dealing with property distribution.
Effective August 1, 2013, the law in Minnesota allows same sex couples to get married or divorced in this state. To file for divorce in Minnesota, at least one party must be living in Minnesota for at least 180 days before starting the divorce case. A same sex couple may also file for divorce in Minnesota if they got married in Minnesota on or after August 1, 2013, and each party to the marriage now lives in a state that does not allow the dissolution of the parties' same sex marriage. See Minn. Stat. § 518.07, subd. 2.