A divorce that goes through the formal court process can seem very impersonal and harsh. You hire attorneys whose job it is to “win” at the cost of members of your own family. Decisions are left in the hands of a judge who does not know you personally. In fact, many divorce agreements that are developed through litigation need to be altered significantly down the road. AMS Mediation offers an alternative approach to the divorce
One thing most of us have in common when we go through a divorce is that we are beginners. You have experience with a divorce because you have not been through it before. However, this can create some additional stress about the process. Divorce mediation has become a highly effective and popular mechanism for settling the terms of a divorce, with many people choosing it over litigation. If you are beginning the divorce process for the first time, here are some basic principles that will help you navigate it successfully:
● Divorce mediation is less expensive and less time consuming than litigation.
If you are moving forward with a divorce from your spouse, there are several things that you should know before you begin the process if you live in Minnesota. Below is a list of some of the top issues to consider.
1. It does not matter who is at fault: Minnesota is a no-fault divorce state which means that the court does need to see that one of the parties did something wrong. The court will not factor in infidelity or other marital issues when deciding to grant a divorce.
When you use a mediator to help you settle the terms of your divorce, it is wise to get a strong understanding of what you should and should not expect from your mediator during the process. The most important thing to understand is that a mediator will not make decisions about your case. Your mediator is not a decider – that is actually your role. A mediator is trained to be neutral and trained to help you and your spouse resolve all of the issues related to your divorce. This includes developing a parenting plan that outlines how you and your co-parent will share custody, deciding exactly how you will equitably divide all of the property that you share and even determining whether or not child or spousal
In the state of Minnesota, you and your spouse have the same rights when it comes to getting divorce. Minnesota is a “no-fault” divorce state, so the reason behind a divorce is not taken into consideration by the court. In fact, the court actually requires that every couple attempt an alternative dispute resolution process before proceeding through the court system. So, if you have made the decision to pursue divorce
It is a somewhat common myth that the court system favors the mother in divorce custody disputes. These assumptions are based on the long held tradition that mothers are, generally speaking, more often the primary caregivers for the children in a family. Today, however, it is just as common for mothers to work outside the home and child custody agreements are based on what is in the best interest of the children, not on who spends more time at home…
The safety of clients, ourselves, and colleagues is our top priority while we remain available to assist you as you navigate the new and uncharted territory caused by the coronavirus pandemic.
While providing virtual ADR services was not part of our plan, we have made the necessary accommodations to ensure we can continue to serve our clients during these unsettling times. All services are currently available through virtually. We are using Zoom for videoconferencing. We suggest that you download this app to your phone or the program to your computer at https://zoom.us/download.
We have resumed limited in-person services for sessions with 1 or 2 participants scheduled for a maximum of 2 hours. Masks are required in our building and in session. Availability is subject to change based on local regulations and CDC guidelines.
Our office hours remain the same and we remain available by phone and email. The main office number is 952.252.1492. Gabe can be reached via email at gabe@amsmediationplus.com.
We offer free 1-hour divorce consultations via Zoom. Potential PC and PTE clients are invited to schedule a free 15-minute phone call. Please call 952.252.1492 to set up an appointment. We are here to help!
Thank you for your patience and understanding as we all continue to adapt to these rapidly changing and chaotic times. Stay strong, stay resilient, and stay healthy!
Sincerely,
Amber Serwat & Gabe Frye
ADR Professional & ADR Assistant
