Legal Question in Family Law in Minnesota

Re: Modify Divorce Decree

You may get some specific guidance about a mediation step in the divorce decree. Whether the divorce decree states anything specific about how transportation is allocated between the two parties may also be important. Please feel free to follow up with me at my website www.divorcelawyermn.com or directly by email at [email protected].

Re: Modify Divorce Decree

Your husband would have to bring a motion if he cannot obtain an agreement. If the decree says that mediation must be done before any legal proceedings, he would have to attempt to arrange that. There would be an expense to the mediation which likely the parties would share unless the decree says otherwise. If one party refuses to mediate as the decree provides then legal proceedings would be appropriate. Your husband would then have to hire counsel to make a motion to modify the transportation provisions and any other relief that was appropriate. Please note that once the matter is before the court any matter including child support can be reviewed. Dennis J. Felix

Re: Modify Divorce Decree

I can't say about MN procedure, but if this were a Wisconsin divorce, he wouldn't be able to have the original divorce "decree" changed (the findings of fact, conclusions of law and judgment initially issued by the court). But he would be able to file a motion with the court to modify the placement schedule, if circumstances substantially change things since first entering into the originally-agreed on visitation arrangement.