Alimony: Also referred to as "spousal maintenance" or "spousal support," alimony is the money paid to a former spouse for his or her support. If you and your spouse are able to determine how spousal support is to be paid, the details become part of the Marital Termination Agreement. Those details are finalized in the divorce decree. If a change in circumstance occurs, either party may attempt to increase or decrease the spousal maintenance amount by modifying the divorce decree.

Alternative Dispute Resolution ("ADR"): Divorce ADR is the process of resolving legal conflicts without going to trial. It is an alternative to litigation. The different forms of ADR include: Arbitration, Mediation, Negotiation, Mediation-Arbitration ("Med-Arb"), Mini-trials, and Private Judging ("rent-a Judge"). [link all to practice areas]

Arbitration: Arbitration is a type of Alternative Dispute Resolution (ADR). Arbitration does not take place in court or before a Judge, but it has basic similarities to a judicial setting. Instead of arguing issues to a Judge, however, in Arbitration the issues are submitted to a neutral third party, who makes a final decision. In divorce Arbitration, the third party is frequently a lawyer or a retired Judge. You, your spouse and your lawyers choose the Arbitrator.

Child Custody: Child custody is the care and control of a child. In Minnesota, if a divorcing couple can not agree on child custody, they may participate in a custody evaluation by a neutral expert. There are two parts to custody: legal custody and physical custody. The arrangement can be joint custody or sole custody.

Child Support: Child support is the money that is paid to a former spouse or caretaker for the support of a child. In Minnesota, both parents have an obligation to support their children. Ordinarly the noncustodial parent pays child support based on statutory child support guidelines. If you and your spouse are able to determine how child support is to be paid, the details become part of the Marital Termination Agreement. Those details are finalized in the divorce decree. If a change in circumstance occurs, either party may attempt to increase or decrease the child support amount.

Collaborative Law: Collaborative Law is a form of Alternative Dispute Resolution (ADR). In a Collaborative Family Law divorce action, the husband and wife are each represented by their own attorneys, but those two attorneys work together toward an equitable solution. Everyone involved has to sign the Collaborative Law Participation Agreement, which among other things prohibits filing motions in court. If the matter can not be resolved through negotiation, new divorce attorneys are retained by the parties to handle the matter in litigation.

Community Property: If you live in a community property state, one half of whatever you earn or gain after you are married belongs to your spouse and vice versa. Minnesota is not a community property state; it is an "equitable distribution" state.

Court Order: Orders from the Court resolve conflicts presented by the parties. A restraining order is one kind of court order. The court does not interfere with people¹s lives unless they ask by bringing a motion for an order.

Child Custody Evaluation: If you are in the process of a contested divorce and you are unable to agree on child custody, the Judge may appoint a custody evaluator to do a custody evaluation. Not all counties have this resource, and not all divorcing parents can afford to hire an evaluator in the private sector. During the child custody evaluation, you and your spouse will meet with an evaluator who will make a recommendation based on applying your particular situation to the child custody statutes. The child custody evaluator then submits a report to the Judge with recommendations for child custody and visitation.

Dissolution or Dissolution of Marriage: Dissolution is the current term for divorce. In states like Minnesota which recognize no-fault divorce, the parting spouses are not required to prove fault or a reason for ending the marriage other than showing that the marriage can not be fixed ("irretrievable breakdown of the marriage" or "irreconcilable differences".) A divorce is effective when the Judgment and Decree are entered in the court records.

Divorce with Dignity: From 1992-2000, Mary L. Davidson administered the Divorce with Dignity Program in Hennepin County, Minnesota. This program, also know as "Collaborative Judicial Case Management," was established by Judges, attorneys and psychologists to empower people getting divorced to stay in charge and to determine the terms of their divorce.

Equitable Distribution: Minnesota, like most other states, uses equitable distribution to divide property gained during the course of a marriage. Unlike the concept of community property, (a strict fifty-fifty division) equitable distribution involves taking the particular circumstances of the marriage and the future of the parties into account when dividing marital property during divorce.

Joint Custody: Joint custody means that each divorced parent shares equally in making decisions and providing a home for their children.

Joint Legal Custody: Joint legal custody means that each divorced parent has equal rights to participate in major decisions about their children's upbringing: religion, healthcare, after-school activities and other important issues that arise as the children mature. In Minnesota, if either parent requests joint legal custody, joint legal custody is granted unless the other parent can show that joint legal custody would not be in the child's best interests.

Joint Physical Custody: Physical custody refers where the children live. If there is joint physical custody the children will have two primary residences, but the time they spend in each place does not have to be equal.

Judgment and Decree: A divorce is effective when the Judgment and Decree is entered in the court records. The Divorce decree is signed by a Judge or Referee and includes the terms of a Marital Termination Agreement or the terms decided at trial.

Legal Custody: Legal custody refers to making decisions about your child's education, religion, healthcare, after-school activities and other important issues that arise as your child matures. When these decisions are made by both parents, it is referred to as Joint Legal Custody.

Legal Separation: Legal separation is like divorce in most ways, except the parties stay married. During a legal separation proceeding, the court makes determinations regarding child custody, child and spousal support, marital property distribution, debts and the costs of the separation proceeding. As with dissolution of marriage, spouses who wish to separate and who do not want the matter in litigation can take advantage of various methods of Divorce ADR.[Practice Area Page]

Litigation: Litigation is a method of pursuing a legal action in court. Alternative Dispute Resolution (ADR) is an option for divorcing couples who do not want to bring their marriage dissolution process into the court system.

Marital Property: The property that a person gains, earns or purchases while married.

Marital Termination Agreement: A Marital Termination Agreement sets forth all of the matters upon which divorcing spouses agree, including marital property and debt division, child custody, support and visitation and spousal support. Once a Marital Termination Agreement has been approved by the court in a divorce decree, it is fully binding on both spouses.

Mediation: Divorce Mediation is a form of alternative dispute resolution. It differs from divorce litigation in that decisions about custody and visitation, spousal and child support and property division are agreed to between the spouses with the assistance of a Mediator. Unlike an Arbitrator in Arbitration, the Mediator is not a decision maker. In fact, Mediation can be thought of as a form of assisted negotiation.

Modification: When circumstances change that affect child support, spousal support, child custody and other matters, a modification to the divorce decree may be warranted. Post-dissolution modifications can be made by agreement or by Court order. Property division is final, however, and not subject to modification (except by agreement).

Negotiation: Negotiation is a form of alternative dispute resolution. It basically means engaging in discussion or constructive argument with your spouse (with or without a divorce lawyer) until you come up with a solution that can be translated into a written divorce decree.

No-fault divorce: Minnesota, like most states, recognizes no-fault divorce. In a no-fault divorce, the parting spouses are not required to prove fault or a reason for ending the marriage other than showing that the marriage can not be fixed ("irretrievable breakdown of the marriage" or "irreconcilable differences.")

Noncustodial parent: A noncustodial parent is not the primary custodian of the children. In most situations, a noncustodial parent has visitation rights and pays child support.

Nonmarital property: Nonmarital property is what you owned before you were married, including real estate, savings and income, investments, collections and furniture. Additionally, your nonmarital property also includes property received either as a gift or inheritance.

Parenting Class: In Minnesota, if the parties have children, the law requires that the parents and the children between the ages of 6 and 17 take a class that addresses the impact of divorce on the family.

Parenting-Time Expediter: A Parenting-Time Expediter is empowered by the divorce decree or a court order to implement (clarify) the terms of the Decree or Order that sets forth the time each parent is to spend with the children.

Parenting Consultant: The parties contract with a Parenting Consultant to help them mediate ongoing parenting issues. The parents also empower the Parenting Consultant to resolve conflicts that they are unable to resolve themselves. The decisions that are made by the Parenting Consultant are binding until they are changed by court order.

Parenting Plan: A parenting plan details how divorcing parents will co-parent their children. In Minnesota, parties involved in divorce litigation can stipulate to a parenting plan instead of subjecting themselves to a plan determined by the court. Parenting Consultants assist divorcing / divorced couples who are struggling with a parenting plan.

Physical Custody: Physical custody refers to the primary place the child lives.

Rent-a-Judge: Private judging, also known as "Rent-a-Judge," involves a private or court-related process in which disputing parties give a private individual the power to hear and decide their case. Although some states have a statute covering the hiring of private Judges, in Minnesota the process is a matter of contract between the parties.

Sole Local and Physical Custody: When sole custody is agreed to or ordered, only one parent makes decisions and provides a primary residence for the divorced couple's children.

Spousal Maintenance: Also referred to as "alimony" or "spousal support," spousal maintenance is the money paid to a former spouse for his or her support. If you and your spouse are able to determine how spousal support is to be paid, the details become part of the Marital Termination Agreement. Those details are finalized in the divorce decree. If a change in circumstance occurs, either party may attempt to increase or decrease the spousal maintenance amount.

Visitation (Parenting Time): Under Minnesota law, visitation is also referred to as "parenting time." Unless it is deemed not in the best interest of the child, a parent who does not have custody of his or her child will be granted parenting time. Parenting time is included in the Parenting Plan.