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

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Apr 5
stopwat

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

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Jan 9
best i

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
ajil

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
gamb

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 »

Family Court: A Few Simple Rules To Follow

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May 21
ring

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 »

What Is An FENE…And Why Do They Work?

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Apr 20
dolla

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 « Continue »

Division Of Retirement Assets In Divorce: Field Guide To QDROs, SEPs, ESOPs, TSPs And Other Beasts

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Apr 18
rie

In addition to homes, automobiles, bank accounts and furniture, retirement plans may be "marital property," subject to an equitable divisionamong the parties to a divorce. Many twenty-pound books have been written about the methods of valuing, and dividing, retirement interests. In fact, some lawyers make their living handling only the orders associated with slicing and dicing retirement plans, for two key reasons. First, this stuff is rather confusing, even to the most qualified divorce attorneys, making specialization critical. Second, many family lawyers don't wish to test the strength of their malpractice coverage by lurking in dark places. A few key terms to « Continue »

Sudden Divorce Syndrome: Two Experts Weigh In

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Apr 12
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Statistics show that there will be about a million divorces in the United States this year.  Interestingly, 75% are filed by women.  More and more, attorney Robert Mues says, his male clients are telling him that they were completely “blind-sided” by the divorce situation.  These are individuals in long-term marriages who have honored their wedding vows, are not abusers, and had not been separated. 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 « Continue »

Good Lawyer / Good Therapist: There’s A Role For Both To Play

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Mar 11
hlp

"A good therapist is less expensive than a good lawyer." We've uttered those words to many clients. Yes. We try to help clients gain some perspective about the dissolution process, and their feelings. Our lawyers are not heartless. We want to be there for them. But, at the end of the day, the honest truth is that our 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 « Continue »

Is Divorce Mediation Right For Me? (Yes)

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Feb 12
med

The vast majority of marital dissolution cases settle short of trial, often through mediation. During the mediation process, a neutral third-party will meet with the litigants, and their attorneys, to attempt to find compromise on disputed issues. Topics for discussion often include: Child Custody; Parenting Time; Child Support; Property Valuation; Property Division; Debt Division; Spousal Maintenance; and Attorney's Fees Depending upon the preference of the mediator, and the parties, the mediator may work with the participants in one large group, or may bounce back and forth between two conference rooms. The mediators that we utilize are experienced family « Continue »

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