I’ve Filed for Divorce in Minnesota. What’s Next? Go!

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Apr 5
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As early as three weeks after filing for divorce, the parties must appear before the judicial officer assigned to their case. This first appearance is called the "Initial Case Management Conference." The ICMC is an informal hearing. No arguments are presented, or decisions made - except for a determination concerning how to move forward in the most efficient manner. Any issues that are not resolved among the parties can be resolved through the selection of a settlement process known as early neutral evaluation. The fundamental purpose of the ICMC is to obtain a referral for ENE - or elect to litigate. FENE One neutral expert is assigned in the Financial Early Neutral « Continue »

Minnesota Step Parent Adoption: An Overview

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Jan 26
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Step parent adoption is the most common forms of adoption in Minnesota. It involves a three-part process. First, the parental rights of the biological father are terminated. Usually this is done on a voluntary basis, although in some instances and involuntary termination of parental rights will be necessary. The court will not grant a voluntary termination of a father's parental rights unless mother's new husband is ready to adopt the child. An involuntary termination of parental rights is appropriate when the biological father will not consent, but there is an adequate statutory basis to terminate. The statutes in this area have recently been amended, and some additional « Continue »

Minnesota’s Social Early Neutral Evaluation Model for Divorce and Paternity Cases

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Jan 9
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More than 95% of the cases we handle settle short of trial. When custody issues are involved, many of our clients participate in a process known as social early neutral evaluation - an SENE. In a social early neutral evaluation, the lawyers and clients will meet with a pair of evaluators. These individuals are usually social workers, custody evaluators, or experienced family law practitioners. The team will consist of one male and one female, to avoid the perception of gender bias. Most social early neutral evaluation sessions are approximately three hours long. During the first hour, the parties themselves do most of the talking. The evaluators want to hear from each side. Issues « Continue »

Contempt in Minnesota: Consequences of Ignoring Court Orders

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Nov 29
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The court is responsible for controlling the conduct that occurs within its doors, but also has to deal with issues outside of the courtroom when it comes to family matters. It is typical for a contempt motion to be made in a family law case when one party has violated an order of the court, such as an order to pay child support, spousal maintenance, or a parenting time arrangement. The contempt rules are rather strict, in an effort to motivate individuals to comply with court orders. A particular action (or inaction) may constitute contempt if the following criteria are met: The court must have jurisdiction over the case in order to file a motion; and It must be properly « Continue »

Gambling, Alcohol Abuse, Drug Use, Cheating & Dissipating: Fault In A No-Fault Divorce State

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Jun 25
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The lawyers with Thyden, Gross & Callahan, LLP, authors of the Maryland Divorce Legal Crier, recently published an article entitled "Putting the Fault Back into No-Fault Divorce." They point out that despite the fact that several states on the east coast have moved (like Minnesota in the 1970's) to "no-fault" divorce, fault still creeps into the mix. The same is true in Minnesota. While easy to simply utter "we're a no-fault state," we're not entirely no-fault. Here's a compare/contrast between they Thyden summary and Minnesota law: Property: East Coast. In determining how marital property is to be equitably distributed, each jurisdiction has another list of factors the court « Continue »

How Are Businesses Valued And Divided As Part Of A Divorce In Minnesota?

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Jun 14
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Many of our current and former clients are entrepreneurs - owners of small businesses, including restaurants, hair salons, trucking entities, vending services, auto repair shops, construction companies and web design firms. Important to keep in mind that even if the business was started and managed by just one spouse, it may be "marital" in nature. Marital assets are generally subject to an equal division among the parties. The first step in allocating a business interest involves ascertaining a market value for the entity. It should come as no surprise that business owners typically think their enterprise is worth very little when a spouse comes knocking with divorce papers. That's « Continue »

Podcast: Establishing Physical & Legal Custody Under Minnesota’s Best Interest Standard

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Jun 12
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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 « Continue »

The Benefits Of Working With A Parenting Time Expeditor

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Jun 11
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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 moneyby 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 « Continue »

Give Yourself The Advantage: Tips For Dealing With Custody Evaluators

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May 22
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Child custody can be a controversial issue; it is common for both parents to want physical custody - or for one parent to seek sole custody over a joint custody arrangement. The disagreements can go on and on, and that means the court has to intervene with the custody evaluation process. A custody evaluator is appointed, or hired, to review the situation and create a report that the court uses to determine what is in the best interest of the minor child. It is best to cooperate with the custody evaluator in every way possible. How you interact with the evaluator is going to carry a lot of weight in the evaluation - even though the relevant statute doesn't reference your conduct during « Continue »

Family Court: A Few Simple Rules To Follow

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May 21
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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 decorumin family court. Here's what Mark has to say: Settle Some Things. This means the judge won't be in control of everything. 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. Let Your Divorce Attorney Do the Talking. Do not speak unless asked to do so by the « Continue »

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