Questions You Should Ask Your Mediation Attorney in Mankato

by | Dec 6, 2016 | Legal Distribution

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In Minnesota, divorce petitioners have access to a variety of divorce grounds. These grounds could determine the course of the divorce case. It could also initiate additional provisions that were agreed upon in prenuptial agreements. The following are questions clients should ask their mediation attorney in Mankato.

How Are Prenuptial Agreements Handle in a Divorce?

The terms of a prenuptial agreement are upheld in Minnesota. If the agreement identifies special circumstances, the court must abide by these terms and enforce them. For example, if the agreement has clauses related to infidelity, the terms of property ownership assignments or alimony for this condition are enforced. However, with infidelity, the spouse must prove that infidelity occurred. While text and email messages are used as evidence, if they don’t provide evidence of a sexual nature, it doesn’t provide adequate evidence of infidelity.

How Does Domestic Violence Affect the Divorce?

Any reports of domestic violence could entitle the victim to a protection order. These orders help the victim remain safe from additional harm. The orders identify provisions that are deemed criminal if the defendant commits them. They may include remaining a safe distance from the victim. The defendant must refrain from visiting the victim’s home, work, and the homes of any relatives. They must also avoid the use of any controlled substances and alcohol. Any violation of the order results in separate criminal charges.

Why Is Mediation Needed in These Cases?

Mediation is started when the couple cannot reach an agreement. It is a lengthy meeting in which the couple discusses and tries to reach an agreement about all terms in their agreement. They can discuss these issues in a neutral environment. However, if they cannot arrive at an agreement, the court may schedule a divorce trial.

In Minnesota, special circumstances could lead to mediation. Mediation is the final step in negotiations before a divorce case is sent to trial. It is the last opportunity that the couple can make decisions on their own. If a divorce trial occurs, a judge makes a final decision about each term in the agreement. Couples who need a mediation attorney in Mankato visit now.

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