Important things to know about legal services and the courts.

Legal matters generally fall into two main categories, Criminal

and Civil.  Family court matters, in which I specialize, are civil

law matters.

General Considerations

Citizens live under the jurisdiction of courts, which may be

federal or state.  Family matters are state court matters, and

are governed by laws and statutes.

While courts have jurisdiction to resolve issues that arise

between parties, some step needs to be taken to activate that

authority. A court can not arbitrarily decide to issue and order

over a citizen. Jurisdiction is the authority of the court. Venue

is the location, or county,  in which an action may be brought.

Jurisdiction arises when a party starts a divorce matter by serving notice upon another party, and filing that notice with the court. In traditional cases this involves service of a Summons, Petition and Verification upon the other party. Other documents may be served at this same time, which may schedule a hearing before a court to begin the process, and make temporary orders to structure how things will be done while the parties move through divorce process.

Minnesota Statues §518 et sequence provides the primary substance governing the issues and procedures around divorce. This is augmented by case law which arises over time in Minnesota that provides courts with direction on how the statutes may be interpreted.

In the traditional process parties work under the direct authority of the court. In collaborative law cases, parties have considerable latitude to chose how things will ultimately be resolved. This choice allows parties to make agreements to do things that the court may not have the authority to do by itself, being bound to the strictures of the court. Thus, when parties are able to work together they can shape the final agreements in profound ways.

Courts usually welcome parties who work outside their direct control to reach final agreements which they only need to review and approve. It saves considerable court time which is a benefit to the community. The flexibility available to parties who take advantage of this process affords a process that protects their dignity and keeps them in full control of the outcome. This process usually results in less cost.

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© Bruce Peck Law Office

Bruce Peck Law Office

I help good people make tough

choices during difficult times.