Dispute Resolution Services (DRS) : Types of Cases : Divorce
Divorcing parties may agree on all terms of their divorce decree, including parenting, child support, spousal maintenance, and disposition of marital assets, non-marital assets, and liabilities. This allows parties to avoid the financial and emotional cost of court hearings and trial. It also allows for good tax planning and creative problem solving, both resulting in agreements which may not be necessarily the same as the court might order.
Most couples need structure, support and assistance in coming to agreement on the above topics. Often, due to the high emotions surrounding divorce, they also need help in making their communications more effective. At Dispute Resolution Services, our neutral professionals help divorcing parties through mediation and other alternative dispute resolution services.
Grounds for Divorce
Since the mid 1970’s, the only requirement for divorce in Minnesota is that there has been an “irretrievable breakdown of the marriage relationship.” Thus “fault” is not a factor in the division of assets, and payment of support. Yet divorcing parties often have strong feelings about the end of the marriage. While these feelings must be recognized and addressed (often with the help of other professionals), they tend to make settlement discussions more difficult. A DRS mediator can help the parties separate feelings and behaviors from the effective consideration of each party’s needs and those of any child involved.
Divorce "Papers"
Legally, a divorce is commenced when the Petition is served and filed with the court. Many of our mediation clients start working with DRS before the Petition is even prepared, and do not file anything with the court until they have completed mediation.
Even in a divorce which is settled in mediation, there are three legal documents which must eventually be prepared by an attorney for one party. These "pleadings" are:
- Petition or Joint Petition – signed by one or both parties. (The Petition requests the divorce and sets forth certain factual information.)
- Marital Termination Agreement – signed by both parties. (The “MTA” contains the parties’ agreements and usually details the facts which support the agreements.)
- Decree – signed by the court. (The Decree combines the parties’ facts, known as “Findings of Fact,” with the parties' agreements, known as “Conclusions of Law.”)
At DRS, we provide a detailed Summary of Facts and Agreements, written in understandable terms, which can be converted by an attorney into the above pleadings.
Fact Gathering
In order to make agreements, it is necessary to have all the facts on the table. Many of our clients start the mediation process at the very beginning of the divorce, and wait to file their pleadings with the court until the mediation is successfully completed. While we encourage each of our clients to consult with an attorney throughout the mediation process, this early start in mediation eliminates the necessity for any court hearings, and avoids the accompanying anxiety and cost. Other clients start mediation after the papers have been filed and some information has been gathered. In that event, the parties, their attorneys and the mediator will decide the best way to organize that information for mediation.
Making Agreements
Part of what makes DRS divorce mediations so successful is that we encourage our couples not to jump directly from gathering facts to making agreements. In the multi-stage process described under mediation, we help the parties to make the best agreements possible by first reviewing the facts to make sure that they are understood and agreed upon. Then, the parties are asked to discuss their joint and individual needs and wants, and we identify their common needs as well as the individual ones. Our clients then prioritize their needs. While each mediation is different based upon the personalities of the parties and their topics for resolution, we commonly engage in some brainstorming to generate as many options as possible for solving common problems. Once the parties have engaged in this process, common solutions are often very obvious. Having learned these skills, the parties are then able to jointly work on meeting their other needs.
Completion of the Divorce
DRS can help you through every aspect of your divorce except for the final decree. This must be granted by a judge, however, it is not necessary that you actually appear in court. (If there are minor children, each party must be represented by an attorney in the signing of the divorce agreement.)
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