Minneapolis Divorce Attorney & Lawyer : Minnesota Family Law Firm : Brown Law Offices : St. Paul, Twin Cities MN

About half the cases we handle are more contested divorces. These are marital dissolution cases in which the litigants don’t expect to reach agreement early and, instead, need the intervention of the court system in order to reach a resolution.

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.

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More and more Minnesota counties are providing divorce litigants with an opportunity to resolve their financial issues through a process known as "Financial Early Neutral Evaluation." Settlement success rates in the FENE model are astonishing - as high as 75% in some jurisdictions.

An FENE involves a half-day session (or two, or three, or four) with a court-appointed neutral. This neutral typically is an experienced family law attorney, or a CPA familiar with the financial issues involved in a divorce. The parties, and their lawyers, sit down with the evaluator very early in the case - in an effort to catch people before they become too embroiled in conflict, or stuck in their position.

The process begins with the exchange of information, to ensure that there has been a full and fair disclosure of all income, assets and liabilities. A balance sheet is often created, which defines the universe of assets and debts, attributes value, provides a basis for the value, carves out any non-marital claims, and then allocates the relevant item to one of the parties. Once all allocated assets and debts are added up for each litigant, the cumulative value for each should be equal. This is typically the least controversial portion of the FENE, but can take some time.

The more controversial portion of the FENE involves the issue of spousal maintenance. With the assistance of the evaluator, the income and budgets of the parties will be scrutinized. A range of possible outcomes may be discussed, and recommendations may be made by the evaluator concerning the amount, and duration, of alimony in the event that the judge is left to decide the issue. Settlement discussions begin with that opinion as a backdrop.

Why does FENE work so often? A few points:

• The parties have direct conversation with one another, and the evaluator, in a natural way. A far cry from the robotic "question and answer" method of introducing evidence during a trial.
• The rules of evidence go out the window at an FENE. Any issue is up for discussion, empowering participants to voice their real-life concerns.
• Emotions may be taken into account at an FENE. Issues concerning "fairness" and "hurt" may be addressed as part of the process. Frankly, the law of "no-fault divorce" precludes alot of this in the courtroom.
• The process can be therapeutic. People feel like they can speak their mind, and they are listened to. Sometimes all a party needs is to be heard by someone. 
• Spouses have to look each in the eye as they discuss the issues. Very different from sitting 25 feet apart in the courtroom, facing front.
• There is a real sense that the parties can "get it done" during the process. Litigants believe that closure has real value, and may be worth a compromise.
• The process is a respectful one. Most evaluators know how to keep tempers from flaring.
• The evaluators, not the lawyers, control the agenda. Both parties feel they are on a level playing field. 
• Opinions matter. Litigants afford substantial weight to the perspective of the evaluators. They know the evaluator has no stake in the outcome, and the experience to back up their opinions.
• The neutrals are forced to "show their work." What I mean is that the parties are literally walked through each of the elements of the case, together, and hear the same thing at the same time. They see how the opinions of the evaluator are created right before their eyes, giving them more credibility.
• The surroundings are comfortable. There are no robes, no gavels, no court reporters, and no security. Just people sitting around a table, with their favorite beverage, talking.

As time goes on, I suspect the FENE process will gain statewide acceptance. Most of the counties in the Twin Cities metro area have adopted such a program. Why wouldn't they? With a 3/4 reduction in divorce litigation, everybody wins....except those lawyers whose practice model is based on "dog fight" mentality. But, who's feeling sorry for them anyway?

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Thanks to Mark Pfenning, a divorce lawyer and author who has published many articles geared toward helping parties through the divorce process. His recent article, Divorce Courtroom Tips, provides some helpful strategies and a useful summary of the basic rules of decorum in family court. Here's what Mark has to say:

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.  

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Under Minnesota law, the parties, or the court, can seek the appointment of a parenting time expeditor as part of a divorce or paternity proceeding. Parenting time expeditors can save the parties time and money by keeping parenting time disputes out of the court system entirely. No attorney to pay. No motion filing fee to pay. No two-month waiting period to speak with a judge.

A parenting time expeditor works to resolve parenting time disputes by interpreting and enforcing an existing court order. Some parties never use the expeditor, even if appointed, because no conflicts arise. Others use them once. Still others...quite regularly.

Expeditors are supposed to first mediate disputes between parents. If the parents are unable to come to an agreement on their own, the expeditor issues a written decision.

Once a dispute is brought to the attention of the expeditor, they expeditor will meet with the parties in a relatively short period of time - often the same day, by telephone.

If a decision is required of the expeditor, it must be consistent with the existing order. In other words, an expeditor does not have the authority to create new schedules or conditions of visitation.

The decision can include an award of compensatory parenting time, along with an award of attorney's fees and costs. The opinion must be written and mailed to each party, and is subject to review by the district court if either party requests a hearing. Usually the expeditor's decision is subject to "appeal" to the district court for a period of 14 days. Thereafter, the right to have the matter addressed by the court is extinguished.

Either party can move the court to remove the parenting time expeditor, but must show "good cause" for doing so. Such a feat can be rather difficult, but tempting to those who are not happy with the decisions of the expeditor.

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It was a privilege to spend some time with WCCO's Esme Murphy last Saturday evening. Esme and I discussed a number of family law issues unique to Minnesota, in the wake of the pending divorce between Arnold Schwarzenegger and Maria Shriver.

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

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In this edition of The Family Law Show, we offer an overview of the standards Minnesota judges use in determining the physical and legal custody of children.

Custody is an emotionally-charged issue, with a lot of uncertainty for parents and kids.

Topics in this podcast include the difference between physical custody and legal custody, joint custody as compared to sole custody, the "best interest of the child" factors and the key facts judges look toward in making custody decisions.

Run Time: 12:52

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Tax season is in full swing. Thanks to Jeanne Hannah, Michigan divorce lawyer, for her summary of the IRS tax resources that may be of interest to current, and former, divorce litigants.

Hannah's recent post provides links to the IRS forms and publications that address an individual's filing status, exemptions, tax interceptions and claims for innocent spouse relief:

• IRS Publication 504: Divorced or Separated Individuals;
• IRS Form 8379: Injured Spouse Allocation (Tax Interception);
• IRS Publication 971: Innocent Spouse Relief;
• IRS Form 8857: Innocent Spouse Relief;
• IRS Publication 501: Exemptions and Standard Deductions;
• IRS Publication 544: Sale and Disposition of Assets;
• IRS Publication 555: Community Property; and
• IRS Publication 590: IRAs.

Of course, my favorite tax-related link - the Beatles "Taxman," from their 1966 Revolver album. A breakthrough songwriting effort for George Harrison, with the guitar solo, ironically, played by Paul McCartney.

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"A good therapist is less expensive than a good lawyer." I've uttered those words to many clients. 

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.

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In this edition of The Family Law Show, Jason Brown summarizes the law, purpose and contents of nuptials - whether pre, ante, or post.

The law in Minnesota is clear: nuptials must be both procedurally and substantively fair in order to be enforceable. But what does that mean?

Topics addressed in this podcast include: typical clients who seek nuptials, the difference between a prenuptial agreement (or antenuptial agreement) and a postnuptial agreement, the specific criteria the court will use in scrutinizing nuptials and a general framework for an effective prenuptial, or postnuptial, agreement.

Run Time: 15:16

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