What's a blawg? Well...a blog where the lo is the law.

They write:

Here’s another example of a well thought out and nicely designed site. Minnesota Divorce & Family Law Blog co-authors Jason Brown and Jill Anderson make the site easy to navigate at a quick glance. They do a tremendous job of tagging each post. They also include podcasts which give the site a personal touch. We encourage others to follow their lead...what they offer shows a wealth of experience and easily lands them on our Top 25 list.

Thanks to the Association, and congrats to our fellow award winners. Good stuff.

Our Divorce and Family Blog launched in April, 2008. Over 200,000 visitors since. We will continue to innovate as online technology and social media evolve. We hope you find this resource helpful and invite you to contact the firm if you have any questions.

These divorces typically involve four distinct segments.

The first segment of work in a contested case involves the case workup. This is where we put together the initial pleadings in the case and serve and file them. You will complete an initial questionnaire and provide documentation to us so that we can adequately move forward and understand exactly what relief is sought.

Following the service of the summons and petition, we will participate in what’s called an initial case management conference. This is a first meeting with the judge, on an informal basis, to talk about the issues that are in controversy. The court, at that point, might refer the matter for an early neutral evaluation. This is a process where the parties can meet with a court-appointed expert and try to settle the case before becoming too entrenched.

If matters don’t resolve at the early neutral stage, then we move into the next phase - called discovery. This is a process where we’re going to gather information from your spouse. We may do so formally, or informally.

In addition, we may elect to schedule a motion for temporary relief. This is a hearing in which the court will make a determination, on a temporary basis, of who is going to reside in the homestead, who is going to have temporary custody of the children, and what sort of temporary alimony, or child support awards, are appropriate. Quite often cases will settle following the entry of a temporary order, because the parties have a preview into how the judge views the facts of the case.

However, if the case has to continue, we will position your case for the settlement stage. We’re going to attempt to work out matters either through mediation, or some other form of alternative dispute resolution.

If we’re not able to work it out, the court will call us back in, and we will participate in a pre-trial conference, where we’re going to try one last time to get the case settled, with the assistance of the judge.

The fourth phase involves preparation for and actually trying the case. The judge has 90 days to issue a written decision following the end of the trial, and if either party is dissatisfied with the outcome, they have an additional 60 days in which to file an appeal.

1. Settle Some Things. This means the judge won't be in control of everything.
2. Expect Unfavorable Decisions. There are three directions the judge can go when making a decision: Your way, your spouse's way, or the Judge's way. As you can see, two out three are not in your favor.
3. Let Your Divorce Attorney Do the Talking. Do not speak unless asked to do so by the Judge.
4. Respect is an Absolute. When addressing the Judge with respect by addressing him/her as "Your Honor."
5. Don't Address Your Spouse. Never speak to or make comments to your spouse when you are before the Judge.
6. Check Your Emotions at the Door. Do not make faces or gestures when the judge or your spouse's attorney is speaking. Judges see this and do not appreciate it.
7. Dress for the Occasion. Your attorney will have a certain strategy on how he/she wants you to be portrayed. Therefore, consult your attorney on how he/she wants you to dress.
8. Write. Don't leave anything to chance. Your attorney will be very busy during the process and cannot remember or write everything down.
9. Come Prepared. Bring as much information, documentation and any pertinent documents that you possibly can with you. It is better to have too much ammunition than not enough.
10. Be Ready to Wait. You will sometimes wait for hours before your case is called.

Good suggestions. I would also suggest leaving all digital devices in the car. I recall a lawyer whose cell phone rang in the middle of his intense cross examination of my client in a recent trial. The more memorable impression was the expression on the judge's face.  

On a personal note, a real thrill to share the same air as Steve Cannon, Charlie Boone and Sid Hartman, among others - if only for a short time.

Topics addressed in the interview include custody, child support, spousal maintenance, property division, no-fault divorce, common misconceptions, and the subtle differences litigants will find from county to county.

Run Time: 13:54

Yes. I try to help clients gain some perspective about the dissolution process, and their feelings. I'm not heartless. I want to be there for them. But, at the end of the day, the honest truth is that my ability to provide professional advice on the emotional component of divorce is limited.

Robert Mues, divorce lawyer and editor of the Ohio Family Law Blog, recently collaborated with Donna Ferber, noted psychotherapist, and "switched roles" to discuss the importance of each other's role during the divorce process.

Attorney Mues writes:

The therapist is not trained in the law, and I am not trained in psychology. We each have distinctly different roles. A good therapist can help a client deal with all the changes in a relationship that are affected by divorce—children, parents, extended family, in-laws, and friends.  The therapist can help the client figure out priorities for the future, deal with anger issues, or help clarify why a person has quit advocating for themselves. Also, therapists can help prepare a client for Court through role playing. The therapist will work with the client to design a plan individually tailored to the emotional needs of the client.  Often times this is different from “marriage counseling."  

Therapist Ferber offers the following tips:

1. Just because your friend had a good experience with an attorney doesn’t mean they are the right one for you. Trust your gut.
2. Pick a specialist. While they may be more expensive per hour, they have more experience and in the long run will be both cost and time effective.
3. Aggression doesn’t insure a “win”. An overly aggressive attorney may fan the flames of conflict rather than move toward resolution.
4. Pick an attorney who understands this isn’t about “winning”. She/He should understand divorce is about a major change in the family and that more than the “bottom line” will be affected. A good family attorney is willing, when necessary to work with your therapist. He/she is focused on the family’s post divorce situation and understands the interconnectedness of the family does not end with the dissolution of the marriage. In short, they can see the “big picture”.
5. A consultation is like a first date, what you see is probably what you get. Don’t pick someone who minimizes your concerns, is sarcastic or dismissive. Don’t ignore your own radar by dismissing his/her behavior in favor of excellent credentials.
6. Don’t use your attorney as a therapist. And don’t use your therapy time to talk about legal issues. Efficient utilization of your professionals will keep costs down, provide you with better information and effective support.
7. Don’t withhold information from your attorney because you are embarrassed. They aren’t there to judge you, but if you don’t give them the information they need, you cut down on their ability to effectively represent you. Don’t assume drinking, abuse or affairs are not relevant even if you live in a “no fault” state. Underreporting or minimizing can result in your not getting the best settlement. ALWAYS tell your attorney if there are weapons in your home.
8. Try to stick with the facts. The emotions get processed with your therapist.
9. Talk frankly about costs up front and what you will be charged for.
10. Finally, be clear the court is not going to reward you for pain and suffering. Settlements aren’t based on how betrayed or rejected you feel. Keeping an objective attitude regarding the legal system can play a big part in keeping your expectations realistic.

Thank you both for your perspective.

There are other professionals we often refer clients to, including financial planners, mediators, parenting consultants, realtors, mortgage brokers and auto dealers to help with getting life back on track. Each has a unique role to play during this time of transition. It really does pay to find someone who is compassionate and understands your needs following a breakdown of your marriage. Perhaps at some point we can post insight from these folks as well.

With two web sites, a blog, Twitter, Facebook, Youtube, LinkedIn and podcasts, I finally feel like we have the outlets necessary to serve a distinct group of information-seekers. 

If you want to read about our firm, you can visit our web site. If you want in-depth articles...well...you've found our blog. If you want to to take audio with you for the bus ride into work, download our podcast programs. If you're another family law professional, let's talk shop.

Our goal is simply to provide current clients, potential clients, media sources and other family law professionals with timely, useful information on divorce and family law issues, and to interact in a meaningful way:

• Twitter: Our Twitter feed is designed to provide followers with timely links to family law articles of interest, our perspective on a key family issue and just tell you what we are up to. A microblog, we post several times per day. I'd enjoy connecting with you on twitter.
• Facebook: Our lawyers provide current and potential clients with links to practical advice from family practitioners from around the country and offer a discussion forum. Daily updates are provided, with opportunities for comment from visitors.
• YouTube: Through YouTube, we broadcast video summaries of the legal issues family law litigants face. Choose from dozens of relatively short, easy-to-understand segments hosted by our lawyers. Many consider a visit to our channel an "interactive consultation." We think you'll find it helpful.
• LinkedIn: LinkedIn serves as our firm rolodex. We've connected with family law professionals, including lawyers, accountants, mediators and psychologists, from throughout Minnesota. In addition, we post links to items of interest to the family law community, such as new cases, articles or tidbits. I'd enjoy getting to know you on LinkedIn.
• Podcasts: Finally, I'm hosting a podcast entitled "The Family Law Show." We provide a relaxed presentation of various family law issues that you can take with you. Our library of programs is growing, so we encourage you to check back often.

As always, the simplest way to get to know us is through an e-mail or phone call. If you have a question, call (763) 323-6555 or write to me.

Whether your case is contested, uncontested, settled, or requires a trial, certain procedural requirements must be met in order for the Court to execute a divorce decree.

Topics addressed in this pocast include include pure default hearings, default hearings by agreement, in-chambers review and matters addressed by the Court following a trial.

Run Time: 14:01

Galbraith writes:

It teaches kids what happens when their parents separate in an entertaining, online way. The tour says "A walk through Changeville will tell you what to expect and help you deal with all the different feelings you might have and along the way there's all kinds of fun games and activities!"

Legal words and how kids are looked after is explained on Legal Street. On Break Up Street, kids learn what can happen during the process when their parents are going through rough times. There also is a section where kids can create some art.

What a great tool for kids.

Nothing but respect for Galbraith. Appreciate the creativity behind the crafters of Changeville. But, after a stumble down "breakup street" in a "fun online world," I found it strange to type in my feelings about being in the "messenger trap." Kind of like a visit to Epcot Center, and taking a ride on the "The Story of Meat." Something just seems out of place.

Am I off base? Anyone try it and love it?

The vast majority of the cases we handle settle short of trial. But, even in those situations, the litigants should understand how the process unfolds.

Topics addressed in this podcast include the difference between a contested and uncontested divorce, the initial case workup, service of the summons and petition, temporary motions, mediation, pre-trial conferences, discovery, experts, trials and appeals.

Run Time: 10:52

This scenario is becoming so common that some lawyers and psychologists have given it a name: “Sudden Divorce Syndrome.” Mues teamed with noted psychotherapist Donna Ferber to tackle the subject. Great article...and very obvious that significant thought went into it.

In drafting for the Ohio Family Law Blog, they suggest:

Our goal is to present both the legal and emotional perspectives of a trend that we are seeing in our professional practices: long term marriages ending by divorce when the wife has come to the conclusion that she has just “had enough” and that the husband is seemingly caught “blindsided” by the situation. The intent of the article is not a male versus female point and counterpoint, but rather a collaborative discourse that can provide insight into the complexity of the issues.

Check out the Sudden Divorce Syndrome: Reality of Myth article for yourself.

Several months back, Patrick Thornton spoke with me and asked if I'd like to participate in Dolan Media's new venture. They've got a great team in place (including a lawyer who went to Harvard...can you believe that mom?...I've always wanted to say "my colleague who went to Harvard) and...anyway... the blog is up and running.

My first JDs Rising post involved providing tips for lawyers contemplating opening their own firm. The job market is tight right now and many recent law school grads are opting to hang out their own shingle. I took the plunge almost eight years ago and haven't regretted it for a moment.

Attorney Jason Brown answers the questions we're asked most often by new divorce clients.

Topics in this podcast include the length of a case, the costs of a case, venue, the need for a lawyer, contested versus uncontested divorce and concealing of assets.

Run Time: 14:59

CNN Headline News featured the Divorce Cost & Prep iPhone App created by Dallas Divorce Lawyer Michelle May O'Neil and Fort Worth CPA Bryan Rice. The story originally ran on CBS11 in Dallas on Wednesday night, but by Friday The Morning Express with Robin Meade Show on CNN HLN picked up the story and it spread throughout the US and the world.

According to O'Neil, the app serves two purposes. First, a person contemplating divorce can assess the hidden and direct costs of divorce, such as the cost of providing two houses, two wardrobes for the children, or transportation costs for exchanging the children between houses. Second, the app gives divorce clients a list of information and documents to gather for their lawyer to assist preparation of their divorce.

Divorce Cost & Prep is available on iTunes for $4.99. Lots of apps for lawyers to use, but only a limited number geared toward clients. Congrats to Michelle and Bryan for their creative success.

The good news is that most know better and do the right thing. They understand that there are productive ways to help kids through the dissolution process. Ben Stevens, a 15-year divorce lawyer in South Carolina (and editor of the South Carolina Family Law Blog), recently cited an article that addressed how to help children adjust during period of marital dissolution. He offers the following tips: 

1. Make sure your children understand that they are not the reason for the divorce. Keep the explanation simple, 'your mother and I can no longer live together happily. You need to know that this has nothing to do with you. Your mom and I both love you very much and nothing will change that.'
2. Take care when discussing litigation. Your children do not need to know the sum and substance of all legal documents, depositions, and proceedings. If you and your spouse are unable to decide the issue of custody, you may wish to offer a simply explanation like 'a judge is going to decide the time you will spend with your mommy and daddy because we both love you very much and can’t agree.'
3. Allow the children to love both parents. Create an environment where the children can be free to love both parents. If you cringe or change the subject when your child brings up Daddy’s name, you may be sending a message to your child that you do not approve of his or her relationship with your ex.
4. Do not send messages through your children. If you are unable to communicate by any means with your ex whether in-person, by phone, or e-mail, you may wish to consider co-parenting counseling or request a parent coordinator.
5. Do not say disparaging things about the other parent in front of the children. Judges will expect you to be supportive of the children’s relationship with their other parent
6. Be supportive of your children’s activities. If at all possible, take your children to their activities when it is “your time.” On the other hand, be respectful of the other parent’s time with the children. It’s difficult to look supportive of the other parent’s relationship if you always schedule well-visits during the other parent’s time.
7. Use good judgment before introducing your children to someone you are dating. Introducing your children to someone that you have just met or are just beginning to know can be confusing and even detrimental to your children.
8. Take the high road when possible. This may sound contrary to the advice you might expect from a divorce attorney. However, when it comes to things like schedule changes, sometimes it is better to give a little even if the favor isn’t always returned. In the event the matter goes to court, it is always better to be perceived as the parent who is flexible and cooperative.

I agree with Ben, and would add that anyone who suspects their child is having a difficult time should contact a good family therapist as soon as possible. There are many excellent professionals in our area that we can recommend. I find parents (whether a client or an opposing party) often waiting  too long to deal with the serious issues their kids face during divorce. Feelings of fault, hatred toward a parent, sense of loss and fear of rejection are just a few of the signs to watch for.

Minnesota courts are working to process divorces more quickly. Research shows the longer divorce cases drag on in the courts, the more animosity builds up, particularly if couples have children.

But some wonder if speedy divorces are too quickly rushing people to end marriages -- even couples who might have some hope of reconciling. To address such concerns, the Legislature is considering a bill that family advocates say would provide an "off ramp" on the superhighway to divorce.

"We have data on 2,500 divorcing people in Hennepin County. [They are] parents who are a lot more ambivalent and reluctant about getting a divorce than anybody realized," said Bill Doherty, a marriage expert at the University of Minnesota.

Doherty and his research team, which included a family court judge, surveyed 2,484 divorcing parents in 2008 and 2009, and found that 70 percent of couples agreed divorce was the best course of action. But in about one-third of the cases, at least one spouse wasn't sure.

Some were wavering. Others said they'd stay if their spouse significantly addressed problems such as alcoholism or infidelity, and others said they'd do anything to save their marriage.

The most likely person to be interested in saving a marriage was the person left behind. Since two-thirds of divorces are brought by wives, husbands are more often what Doherty calls "the hopeful spouse."

But the courts aren't designed for such uncertainty, said Doherty, a licensed psychologist and director of the university's Marriage and Family Therapy program.

"The way the courts view it is you have a legal right to a divorce," he said. "And just like when you show up to get your driver's license, nobody says, 'Are you sure you want to drive?'"

The Couples on the Brink bill that Doherty is championing would use an additional $5 tax on marriage licenses to develop a way to identify couples who might want to reconcile -- and improve the quality of marriage counseling they'd receive.

"They go to clergy who often don't know what to do with them," Doherty said. "They go to counselors who are sometimes not well trained in marriage counseling. And even if they do some marriage counseling, these are difficult situations."

Doherty likens it to practicing medicine in an emergency room. He said that with better training for counselors and clergy, 10 percent of couples headed for divorce might be able to restore their marriages.

Couples with a history of domestic violence would not qualify.

Divorce lawyers say there are better uses for this public money. The Minnesota State Bar Association family lawyers narrowly voted against supporting Couples on the Brink, said Pamela Waggoner, chairwoman of the bar's family law section.

"We have other programs that are wanting -- domestic violence prevention programs and programs that assist parents in successfully parenting their children as a separated couple," she said.
 

I agree with Pamela Waggoner's  perspective. As a firm with boots on the ground in local courts, it seems the money proposed for this legislative initiative could be set aside for more useful domestic abuse, co-parenting and alternative dispute resolution programs.

Is it really the job of our government to act as a counselor? Should they even question whether a person "really" wants to divorce? That's a decision personal to the individual.

If funding is to take place for any sort of counseling of married couples, it ought to precede marriage itself. Perhaps if parties to a marriage were required to participate in a mondatory series of counseling sessions (not unlike most churches offer) the divorce rate would get reduced because conflicts could be identified from the onset.

Many of our clients tell me that they and their mate are "incompatible" with each other. Wouldn't it be better to determine compatibility prior to marriage? Prevent divorce in the first place by finding a good fit for people? Be proactive, instead of reactive?

The simple answer? The State buys e-harmony and offers it free to all. They do have a wonderful compatibility system in place. Cheaper in the long run and Dr. Neal Clark Warren can finally retire in style. Chuck Woolery for governor anyone?

The survey revealed that only after a year and half are divorcees really ready to move on. Six of ten people surveyed said the hardest thing to overcome was the sense of failure and 5% of those surveyed said even several years after the divorce they were still trying to come to terms. In total, a fifth said they will never truly get over a divorce and 55 percent said it was the worst thing they had ever gone through. The survey of 4,000 divorcees was carried out by the dating website www.fifties.com, which is caters to those 50 and over.

The survey also revealed startling differences in divorcees' reactions to the news their marriage is officially finished. Although 43 percent felt relieved when their judgment came through, 31 percent were sad that it was over. Another 16 percent even said they felt distraught. The article states that while it might be an average of nearly 18 months before divorcees are totally content, they start feeling better about their life after 16 months. Around this time, it appears that divorcees start dating again. Fifty-eight percent of those surveyed arranged a meeting through friends and twenty-eight percent tried online dating sites. Also, about 49 percent of divorcees would rather meet someone who has had a similar experience.

Read the entire article referenced by Chau here.

I'm not surprised by the results of this sampling. I would guess that in more than half of the cases we handle, the final hearing is extremely difficult on our clients. I can't count the number of final appearances we have made with a client who, in responding to rather simple questions from the court, breaks down in tears. Those are the times that are the toughest as a family lawyer. It's also why I choose to focus in the area. While many of my law school classmates represent insurance companies or handle tax issues (and deserve respect for doing so), I have the privilege of helping real people every single day through very difficult, life-changing situations. For me, that is personally fulfilling.

Here is my brave attempt, as an amateur psychologist (took 101 in college), to offer some advice on bringing closure following the final drop of the gavel:  

• Recognize that it is normal to have a multitude of feelings, such as sadness, loss, guilt and anger, following divorce. You aren't strange to feel a little confused and there are many out there who feel the same way.
• Don't fight the feelings you have. Once you accept that you aren't in a position to "control" your thoughts, you can work toward healing.
• Accept that you may not have an "A" game in place for a while. Don't be too hard on yourself.
• Share your feelings with others you trust, such as family, friends, clergy or therapists. Or, find a good divorce support group. We all learn the most from each other by hearing another's difficult story.
• Stay positive. Keep in mind that things will get better as time goes on. You've already hit bottom, so the only place you can go is up, right?

Truth be told, the Court wants nothing to do with dividing items of personal property of nominal value. If parties can't agree on how to divide "the stuff" the judge will simply order everything auctioned and divide the sale proceeds. As you might expect, at auction you'll receive perhaps ten cents on the dollar. We're talking garage sale prices. Then, you, and your spouse, will have to turn right around and purchase another iron, toaster, DVD player and living room set. Makes little sense.

The good news is that there are tried and true processes that we have utilized in assisting couples through the division of "stuff." Here's what has worked for our clients:

• Two Lists: One of you makes two lists of items, of roughly equal value. The lists are presented to the other. The person who didn't draft the lists gets to pick which list they want. There is an incentive for the person drafting to fairly and equitably divide things or they'll get burned during the selection process.
• Silent Auction: This is my favorite. A master list of all of your personal property is created. Each party blindly puts a dollar value next to each item. The high bid takes the item at the value listed. Once all items are bid on, the totals for each party are added up. The party receiving the higher dollar value pays the other a cash equalizer to make up the other's shortfall. Parties are free to place a high value on items they really want, but won't list a ridiculous bid out of fear of paying a large offset.
• Arbitration: An arbitrator is basically a private judge. You pay this person, usually a lawyer, to listen to your side of things in an informal conference setting. Then, your spouse does the same. The arbitrator is given the authority to divide the entire list of items as they deem fair and equitable. Costs are saved because the parties attend the arbitration without counsel and divide the arbitrator's fee. Most couples submit to binding arbitration so that the decision of the arbitrator is final.
• Rotating Lists: Make a master list and take turns going back and fourth until all of the personal property is divided. Flip a coin to see who goes first.

The bottom line is that usually the personal property of the parties isn't worth the money that will be spent fighting over it. It's true...we've been caught in the middle of disputes over Christmas ornaments, but not by choice. By the time all was said and done, both parties could have purchased a collection of new decor with the legal fees they would have saved by putting down the swords and agreeing to a process that would fairly, and cost-effectively, get the issue of personal property division resolved.

The wasted time and cost associated with hunting down missing documentation can be staggering. We've handled cases where everything from an expensive diamond ring to boxes of business records have taken a bit a "vacation." We almost always find them, but not without substantial effort. In cases where they are not found, the Court will impose substantial sanctions and assume the missing evidence is favorable to you.

To help avoid the mess, we've assembled a list of 12 things you should gather to ensure that you have all of critical information in hand before your spouse has a chance to conceal, transfer or sell items. These include obtaining:

1. Copies of financial statements;
2. Copies of tax returns;
3. Copies of computer hard drives;
4. Copies of insurance policies;
5. Copies of wills and/or trusts;
6. Inventory of safety deposit boxes, with a witness;
7. Copies of deeds and/or titles to real property;
8. Copies of small business ledgers, financial journals, payroll, sales tax returns and expense account records;
9. Copies of appraisals for art, antiques, jewelry and collectibles;
10. Record the contents of each room in your home through video;
11. Copies of retirement account statements; and
12. Copies of your spouse's pay stubs for the last few months.

Investing some time in gathering these items will ensure that your spouse cannot take advantage of you during the divorce process. The denial of the existence of an asset is a fraud upon the Court. Once your spouse knows that we have all of the key information in hand, they are far less likely to engage in bad faith conduct and be honest in their disclosures throughout the process.

Hseih points out that damaging messages and compelling photos can quickly lead a case to settlement if discovered and presented early.

Citing the "adultery discovery," Hseih suggests that a suspicious spouse may be armed with damaging information to bring in to court. Keep in mind, however, that Minnesota is a no-fault divorce state. Whether you or your spouse are faithful to one another isn't relevant under our divorce statutes (Hseih's article first appeared in a national publication).

There are other highly relevant uses for this information, however. Here are a few examples referenced by Hseih:

• Confessions involving an individuals social life;
• Photos with children in places they ought not be;
• Photos of parties to the case consuming liquor or using drugs;
• Income and employment information; or
• Inappropriate sexual content

Hseih recommends looking both ways, urging lawyers to speak with their clients about the types of social networks they post on, limiting the information they provide and increasing access security to prevent their spouse from tapping in.

I encourage anyone going through a divorce to modify all of their passwords to prevent a spouse from creating a false profile or modifying information on the social sites in an attempt to cast  you in a negative light. It wasn't that long ago that a client pulled up her MySpace page to find that she was already "single" and a "swinger." Of course, her husband denied making those changes and tried to hold it against her in court. Wasn't successful, but I guess he deserves an "A" for creativity - not to mention fabricating evidence.

It is quite difficult to predict exactly how much spousal maintenance the court will award a particular party.  The court will examine a host of factors, and each play a part in the decision-making process.  For that reason, alimony is decided on a case-by-case basis. 

The court will examine the standard of living established during the marriage.  Based upon that standard, it will take into account the anticipated ongoing monthly expenses of each spouse. The question for the court involves whether these alleged expenses are reasonable under the circumstances.  The court will compare the expenses against the income of each litigant.  If a litigant faces a monthly shortfall, the party will have a need for spousal support. If a litigant faces a monthly windfall, they will have the ability to pay spousal maintenance.  These elements are measured against the length of the parties' marriage, the age of the parties, the educational background of the parties and the mental and physical health of the parties.

Once all of the elements are considered, the court will determine whether an award is appropriate, how much the monthly award should be and the length of time paying party will be obligated to support their former spouse. The longer the marriage, the more likely a permanent award of spousal maintenance will be granted.  With shorter marriages, the court may consider an award of temporary spousal maintenance so that other party has an opportunity to reeducate themselves, reestablish their career path and become self-supporting.