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What Attorneys sometimes don’t tell you about Divorce!

May 3, 2010

Minnesota Statute 518.091  encourages parties to seek Alternative Dispute Resolution before going to court.

Too often Attorneys don’t tell you about trying mediation to resolve some or all of your disputes until you are far down the adversarial path!

Here is part of the Divorce Statute 518.091

UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS DISMISSED:

(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;

(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND

(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR BENEFICIARY DESIGNATION.

IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT TO SANCTIONS BY THE COURT.

(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT RULES.

If you have made the decision to divorce,  explore mediation before litigation before you hire a divorce attorney.  A Divorce Mediator will guide you through the divorce process, where you and your spouse jointly make decisions that work for each of you, and not get caught up in the adversarial system where you work against each other instead of with each other.  Once you have jointly made the decisions necessary to get divorce, you then hire an attorney to draft your agreements.  There are no retainer fees and you walk away with agreements that work for you and your family while saving thousands of dollars as compared to an adversarial divorce.

Johnson Mediation specializes in Divorce Mediation in Chanhassen, Eden Prairie, Wayzata, Minnetonka, and Chaska and offers a FREE one hour consultation to see if Mediation is right for you!  Call today at 952 401-7599 or visit our website at www.Johnson-Mediation.com

You will be glad you did!

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One Comment leave one →
  1. May 13, 2011 10:29 am

    Nice post!
    I have got really useful information regarding divorce mediator here.

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