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

stopwatAs 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 Evaluation (“FENE“) program. They start by gathering all of the necessary financial information, and listening carefully to the position of each party (with the assistance of their lawyer). A candid assessment made regarding the strengths and weaknesses of each side’s case. Negotiation follows.

Fortunately, more than 70% of cases are resolved through FENE, with approximately $1,000 in neutral expert fees. This may seem expensive, but the end result is a fraction of the cost of traditional litigation and trial.

SENE

Social Issue Early Neutral Evaluation (SENE) is used to resolve custody and parenting issues. In this type of evaluation, there are two custody experts assigned – one male and one female, to avoid any perceived gender bias.

The evaluators meet with the parties, and their lawyers, to listen to their position. Once all of the information is presented, the evaluators break, and meet privately to discuss the matter. Then, they return to provide an evaluative opinion about the likely outcome if the matter moved forward to a more traditional custody study. Once the opinion is given, the parties discuss and negotiate. Approximately 65% of SENE referrals result in a settlement.

If you have questions about the ICMC, FENE or SENE process, we invite you to contact us. These programs are designed to facilitate an early settlement – even in the most difficult cases. Our lawyers have participated in hundreds of these evaluations, and we are prepared to assist you, as necessary. Please call (612) 789-2100 to speak with a lawyer free of charge.

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

best iMore 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 such as physical custody, legal custody and parenting time are discussed. The role of the lawyers during this part of the process is typically rather limited, as the evaluators want to absorb information directly from the litigants.

During the second hour, the evaluators do the hard work. Once the evaluators have heard from the parties, and asked all of the questions that need answering, they will break and discuss the matter privately. This part of the ENE typically takes about 30 minutes. During this time, the parties are usually separated.

Next the parties, the lawyers, and the evaluators come back together, and the opinions of the evaluators are expressed. The opinions of evaluators are nonbinding, but provide some insight into what two qualified individuals believe the likely outcome will be if the matter proceeds to trial. The opinions of the evaluators will not become known to the judge.

Once evaluators have provided their thoughts, the third hour of the session occurs. During this third hour, the parties separate, and negotiation begins. Some, or all, of the relevant issues may be discussed, such holiday schedules, routine access schedules, summer vacation time and non-school days.

About 75% of the time, a settlement will be reached. If the settlement is reached, the terms of the settlement are put into a memo, which is then forwarded to the judge. Assuming the court approves of the agreement, the agreement will be incorporated into the final divorce decree.

Because of the success of this type of forum, many counties have now adopted the social early neutral evaluation model. Some (like Anoka County) call it a custody parenting time early neutral evaluation, or CPENE, where Hennepin County uses the SENE label.

Our lawyers have participated in hundreds of early neutral evaluations. If you have questions about the process, we invite you to give us a call at (612) 767-4404.