Marital dissolution cases in Minnesota involve a number of procedural elements. Here is a summary, from case inception through appeal: Filing: Once the Summon and Petition are served upon a party, the action may be filed with the Court. ICMC: First interaction with the Court is an Initial Case Management Conference. This is an informal conference to determine the issues and how to best proceed. Parties can elect ENE or traditional litigation. ENE: Early Neutral Evaluation occurs, if the parties agree to participate. There are two types: (1) ……

Continue Reading Marital Dissolution in Minnesota : Procedural Primer

Divorce in Minnesota involves a number of often overlooked basic elements, summarized here: Parties: The initiating party in a dissolution action is the Petitioner, while the responding party is the Respondent. Jurisdiction: Subject matter jurisdiction exists if one party has resided in Minnesota for at least 180 days. Personal jurisdiction exists if party is a resident of Minnesota, has minimum contacts with Minnesota, or submits to jurisdiction in Minnesota. Venue: A dissolution action may be brought in a county in which either party resides at ……

Continue Reading Minnesota Divorce Concepts : Case Basics

Social early neutral evaluations are rising in popularity in Minnesota. If the issue of physical or legal custody is in dispute in your divorce, it is likely that the court will encourage you to participate in a Social Early Neutral Evaluation — often referred to as an SENE (Hennepin, Sherburne, Wright, Dakota, Scott County). In Anoka County, the process is known as a Custody and Parenting Time Early Neutral Evaluation, or CPENE. Fortunately, there is about an 80% settlement success rate associated with the process. An early neutral evaluation is a ……

Continue Reading Social Early Neutral Evaluation in Minnesota : Process Overview

Prenuptial agreements in Minnesota allow engaged couples to prepare for the worst, whether marriage ends by death, or divorce. Here are some key things to understand: Purpose: Determine rights and obligations of parties should a marriage end because of death or divorce. Contact: The law of contracts applies to prenuptial agreements Enforcement: Valid prenuptial agreement must have been executed in a procedurally fair manner, and must be substantively fair in its terms. Statutory Requirements: In addition to fairness requirements, prenuptial ……

Continue Reading Prenuptial Agreements in Minnesota : Elements to Understand

The venue for a divorce, generally, refers to the location where dissolution proceedings will be heard.

If you are filing for divorce in the State of Minnesota, venue refers to the county in which your divorce will be handled.

The first step in initiating divorce proceedings in the State of Minnesota involves the service and…

Nothing disappoints me more than family law litigants who think of their child as a pawn, placing them smack dab in the middle of the fight. There’s just no good reason for it. And, every expert I’ve encountered on the subject suggests that the parent who does so — even if they appear as the “hero” to the child in the moment — will suffer the consequences in the long run; the child will soon grow old enough to understand what was done to them.…

Continue Reading Effective Co-Parenting During (and After) Divorce

ICMC

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…