The Complete Minnesota Divorce Mediation Checklist: Your Guide to a Smooth Separation
Are you considering divorce in Minnesota? Divorce mediation helps you navigate the process with ease and offers a path to an amicable resolution. At The Aurit Center for Divorce Mediation, we’ve helped thousands of families through the transition of separation or divorce. This comprehensive guide will walk you through the Minnesota divorce mediation process, ensuring you’re well-prepared for each step.
Divorce mediation in Minnesota
Divorce mediation in Minnesota is a collaborative process where a neutral third party helps spouses negotiate the terms of their separation. Unlike litigation, mediation allows you to maintain control over decisions affecting your family’s future. It’s faster, less expensive, and less stressful than fighting your divorce out in court.
Understanding Minnesota Divorce Laws
Before diving into mediation, it’s crucial to understand the basics of Minnesota divorce laws:
Residency: At least one spouse must have lived in Minnesota for 180 days before filing.
Grounds: Minnesota is a “no-fault” divorce state, meaning there is no need to prove wrongdoing by either spouse.
Timeline: In litigation, the process typically takes 6 12 months to 2 years, depending on the complexity of your case and court availability. Mediation, on the other hand, can be completed in as little as a few weeks to a few months.
Legal Waiting Period: There is no legal waiting period in Minnesota.
Choosing the Right Mediator in Minnesota
Selecting a skilled mediator is key to a successful process. Look for:
Experience as a Professional Mediator in Minnesota
Minnesota follows an “equitable distribution” model, meaning property should be divided fairly, not necessarily equally. In mediation, you remain in complete control of agreements and can choose to divide assets however makes sense to you and your spouse.You’ll need to:
Identify marital and non-marital property
Value your assets accurately
Consider tax implications of property division
Income-verifying information:
Pay stubs
W-2 or 1099 employment
Federal tax returns from the past few years
Bank statements, including all account numbers and balances:
Checking accounts
Savings accounts
Digital banking accounts
Any other financial accounts
Investment accounts and retirement benefits:
401(k) retirement plans (or 403(b)) and other retirement fund account statements
IRA statements
Social Security estimate statements if you are retired or approaching retirement
Pension plans
Employment benefits
Bond investment statements
Real property (real estate):
Home valuation estimates (you and your spouse can choose to use an agreed-upon estimate or to get a professional estimate)
Mortgage statements that verify mortgage balances
List of properties (including investment properties and vacation homes)
Debt-related information:
Credit card statements with account numbers and balances
Other outstanding bills and debts (medical bills, credit card debt, outstanding loans)
Insurance policies:
Health insurance premium costs, especially when children are involved
Life insurance policies that show the beneficiary amount and the cash value, if any
Disability policies
Business-related information (if applicable):
Financial statements (current balance sheet, income statements)
Corporate tax returns
Business interest valuations, if any, since this will usually not be performed before mediation and instead is typically addressed once mediation begins
Other relevant information:
Credit reports
List of assets, including valuable personal property and other marital property
Social Security information
Prenuptial or postnuptial agreements (if applicable)
Marriage certificate
Divorce settlement agreement if you and your spouse have already noted areas of agreement
Remember, organizing all your financial information takes some time, so be patient with yourself. Breaking the process up into stages and addressing them one at a time makes the task more manageable. If you have any difficulties or questions about specific documents, your mediator is there to guide you.
Exploring Spousal Support Options
Spousal support (alimony) in Minnesota isn’t automatic. Factors considered include:
Length of the marriage
Each spouse’s earning capacity
Standard of living during the marriage
Support can be temporary or permanent, depending on your situation.
The Mediation Process
Typical mediation sessions involve:
Guided conversation to help you feel comfortable
Assurance that each person has a voice and is heard
Guidelines that support a respectful process
Topics to be addressed are identified and prioritized
Creative problem-solving
Agreement drafting
Remember, effective communication is crucial. Stay focused on solutions rather than past grievances.
Finalizing your Agreement
Once you’ve reached an agreement, your mediator will draft a Memorandum of Understanding. This document should cover all aspects of your divorce, including:
Property division
Debt distribution
Child custody and support
Spousal support (if applicable)
You both have the option of reviewing your Memorandum of Understanding with an attorney before signing.
Steps to take after divorce mediation
1. Implement the settlement agreement
After completing your divorce, you’ll need to put the agreements and decisions you made during mediation into action. This means working with your spouse to stick to the terms outlined in your parenting plan, co-parenting schedule, and any other agreed-upon arrangements.
Post-divorce arrangements–such as changing titles to residences or vehicles, or transferring retirement accounts–occur after the divorce finalization. Title changes can be handled on your own, or you can contact an attorney to assist you. You can then provide a copy of the Decree to your financial institutions to carry out the terms of your Decree.
When challenges arise, approach them with patience, empathy, and an open mind.
2. Consider post-divorce self-care
Finalizing your post-divorce arrangements and practicing self-care helps you heal emotionally and move forward.
Here are five tips for much-needed self-care after divorce:
Engage in healthy communication: Consider taking an approach that minimizes conflict and maintains a positive relationship, especially if children are involved. Making a conscious choice to infuse positivity into all of your communication can help you maintain an optimistic outlook and envision a brighter future. Simply put, take a moment to edit before sending written communications.
Seek emotional support: Stay in touch with friends and family or reach out to a therapist to communicate openly and honestly about how you are feeling.
Practice self-care: You heard it before, but eating healthy, getting enough sleep, and exercising regularly can help protect you emotionally and physically from the stressors of divorce. Engage in activities that bring you joy and relaxation.
Divorce mediation can be an opportunity for positive change and growth.
Treat yourself with patience and compassion, and don’t hesitate to get help if needed. You have the strength to create a fulfilling life for yourself after divorce.
Your divorce mediation checklist
Here is a checklist to help you jumpstart your mediation process:
Pre-mediation tasks
Choose an experienced mediator
Research reviews or personal testimonials
Ensure that the mediator’s practice is primarily in divorce mediation
Get referrals from friends or a therapist
Ask about the mediator’s billing structure and fees (flat fees are preferable)
Consider a free consultation with an Aurit Center Certified Mediator
Compromise
Consider what is most important to you
Consider what you think is most important to your spouse
Consider creative agreements that get both of you as much of what you want as possible
Maintain an open mind
Identify the most important issues, which might include your desire to
Establish a co-parenting plan that will be best for your kids
Make child custody arrangements and address any unique concerns
Divide assets in a mutually satisfactory way
Discuss how spousal support will be determined
Organize financial information
Collect all necessary financial information, either online or in paper form
Income-verifying information
Bank statements
Investment accounts
Retirement funds
Real estate
Debt-related information
Insurance policies
Business-related information
During the divorce mediation sessions, your mediator will work with you to
Establish goals and ground rules
Set clear objectives for each session
Set and observe the ground rules during each session
Practice respectful communication
Carefully consider your choice of words and use a calm tone of voice to help the process go smoothly
Be aware of your emotions, and ask for breaks as needed
Maintain a respectful dialogue
Document the divorce terms
Draft clear and comprehensive agreements
Involve legal professionals (if necessary)
Post-mediation considerations
Revisions – Review and finalize the settlement agreement
Seek legal advice to ensure fairness (if necessary)
Thoroughly review the agreement to check for typos and ensure the language reflects your intent
Court filing – Implement the settlement agreement
Ensure your mediator submits the agreement to the court for approval and incorporation, or has a process for a third party to submit for you
Carry out the terms of your Decree within the agreed-upon time frames
Healing and moving forward
Practice self-care
Consider professional support from a trusted therapist or counselor
Return to mediation for any modifications or issues that need to be resolved in the future
Navigate mediation effectively with The Aurit Center
We’re here to help you take charge of your future, protect your children’s well-being, and avoid the emotional and financial toll of a courtroom battle.
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