In Minnesota, a divorce trial could take up to two years to complete. This process is duration is based on the size of the marital estate and issues that may arise between each party. The first step in avoiding these proceedings is to start mediation. The following are items that are discussed with a Mediation Attorney in Walker MN.
Marital Property Division
The parties must discuss an equal division of all marital assets. This includes all properties and assets accumulated during the marriage. The parties must select real properties, monetary assets, and determine what parties will receive pension plans and life insurance. Any properties that were acquired prior to the marriage typically are awarded to the original owner. These assets must provide an equal split for each party.
Reviewing Alimony Possibilities
Alimony is awarded when one party cannot earn enough money to continue to live in the lifestyle achieved during the marriage. It is provided on a temporary or permanent basis according to the needs of the spouse. Temporary alimony is provided when the spouse is attending an education program to increase their earning capacity. Permanent assignments are provided when the spouse cannot increase their earning potential through these means. Typically, these assignments stop if the spouse becomes remarried.
Child Custody and Support
The couple must come to an agreement about child custody and support. They must find an arrangement that provides each party with equal time with the children. They must reach an agreement about child support based on the earning capacity of each party and the total number of children involved.
Discussing Prenuptial Agreements
The terms of all prenuptial agreements are upheld. If a fault-based ground is used, the agreement may present specific terms that punish the opposing spouse. The court must ensure that these agreements are enforced.
In Minnesota, divorce trials are avoided when mediation is successful. This series of meetings between the parties can lead to an agreement if they are willing to compromise. They can stop the divorce proceedings from lasting two years or more. Petitioners who need to speak to a Mediation Attorney in Walker MN can Contact Brainerd Law for an appointment now.
