Banas Family Law, P.A.

Domestic violence is a serious issue in divorce and custody cases, not only in terms of the civil and criminal effect, but the direct impact it will have on your chances for custody. To put it simply, a finding of domestic violence (order for protection in civil court or a criminal conviction of domestic violence) can ruin a party’s chance for custody.

1. Do not put yourself in a situation where it is likely an argument with your spouse will ensue. A finding of domestic abuse by one spouse against the other makes any custody battle very difficult since there is a presumption under Minnesota law that an abuser should not have custody. The specific language of the statute states: (d) whether domestic abuse, as defined in section 518B.01, has occurred between the parents. The court shall use a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child. However, the court shall use a rebuttable presumption that joint legal or physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents. (Go to Minn. Statute § 518.17 for the full text of the statute.) Copyright © 2007 by the Office of the Revisor of Statutes, State of Minnesota.  All rights reserved.
2. Do not yell, grab, hit, or throw anything in the presence of your spouse or, even more significantly, in the children's presence. If your spouse tries to incite you, walk away. Something as simple as blocking someone’s exit from a room may be considered abusive.
3. If you are being abused or are in fear for your safety or for the safety of your children, call 911 right away.
4. If you are accused of being physically abusive, do not make any statements - to anyone! Call an attorney right away. Remember, statements you make to the police (and to others) can be used against you in a later proceeding. Assert your right to remain silent.

In civil court, a finding of domestic abuse will result in the issuance of an Order for Protection. An Order for Protection is a civil order (not a criminal conviction) directing the abusing party (Respondent) to, among other things, stay away from the abused (Petitioner) party's residence or employment. When there are children involved, a temporary custody award will be made. An Order for Protection is usually put into effect for one (1) year, and may be extended beyond one year for good cause. Below are some excerpts from an actual order:

• NOTICE ABOUT ARREST AND JAIL: A violation of this Order may be a misdemeanor, gross misdemeanor, or felony. A misdemeanor violation may result in up to 90 days in jail, or $1,000.00 fine, or both. A repeat violation may be a gross misdemeanor, and may result in up to one year in jail, or $3,000.00 fine, or both. A police office must arrest and take into custody a person whom the officer believes has violated this Order.
• NOTICE ABOUT DEPORTATION AND ENFORCEMENT: A violation of this Order for Protection is a deportable offense. If you are not a United States citizen, a violation of this Order could result in your deportation. This Order for Protection is enforceable in all 50 states, the District of Columbia, tribal lands, and the United States territories. Violation of this Order for Protection may subject the Respondent to federal charges and punishment.
• NOTICE ABOUT FIREARMS: The Respondent must not possess, ship, transport, or receive any firearm or ammunition while this Order is in effect.
• NOTICE ABOUT OTHER CASES: Both parties are notified that in any other case involving parenting time (visitation), the Court will consider this Order for Protection if the Petitioner so requests.

If you and your spouse/partner are still living in the same house, be sure to discuss with your attorney early on any concerns you may have about your spouse's temper or abusive tendencies.  Do you believe your spouse is violent or could be violent?  Do you believe your spouse would lie about what happened during an argument?  Do you believe he or she would say you hit, grabbed or pushed him or her?   If you answered YES to any of the above, you should call your attorney immediately. Disputes "behind closed doors" are very difficult to defend, and not all domestic disputes involve the police or any written report for that matter. Sometimes I advise parties to physically separate themselves early on in the proceedings to eliminate even the chance of a spouse making a claim of domestic abuse.

Learn More -- Visit our articles and resources for more Minnesota family law information on Minnesota Divorce,  Child Support & Spousal Maintenance, Custody & Parenting Time and More.

If you would like to have a consultation with a Minnesota divorce lawyer, please contact attorney Chris Banas at  651-361-8109.

Keywords: Domestic abuse, child custody, divorce, domestic violence, Minnesota divorce attorney.

"Lawyer Speak" can be frustrating to listen to sometimes. To familiarize yourself with some of the common family law terms (and what they mean to your Minnesota divorce case), see the list of definitions below.

MINNESOTA DIVORCE / FAMILY LAW DEFINITIONS AS DEFINED IN MINNESOTA STATUTE 518.003

• Child Custody. In Minnesota, child custody involves legal custody and physical custody.  Read about Minnesota Child Custody: Legal Custody and Physical Custody.
• Legal Custody. In Minnesota, "legal custody" means the right to determine the child's upbringing, including education, health care, and religious training.
• Joint Legal Custody. "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.
• Physical Custody. In Minnesota "physical custody and residence" means the routine daily care and control and the residence of the child.
• Joint Physical Custody.  "Joint physical custody" means that the routine daily care and control and the residence of the child is structured between the parties.
• Custodial Parent or Custodian. "Custodial parent" or "custodian" means the person who has the physical custody of the child at any particular time.
• Custody Determination. In Minnesota, "Custody determination" means a court decision and court orders and instructions providing for the custody of a child, including parenting time, but does not include a decision relating to child support or any other monetary obligation of any person.
• Custody Proceeding. "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation, and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity.
• Maintenance. "Maintenance" means an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other.
• Marital property and Exceptions. "Marital property" means property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage relation between them, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation under under Minnesota law: 1. All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property. Each spouse shall be deemed to have a common ownership in marital property that vests not later than the time of the entry of the decree in a proceeding for dissolution or annulment. The extent of the vested interest shall be determined and made final by the court pursuant to section 518.58. If a title interest in real property is held individually by only one spouse, the interest in the real property of the nontitled spouse is not subject to claims of creditors or judgment or tax liens until the time of entry of the decree awarding an interest to the nontitled spouse. The presumption of marital property is overcome by a showing that the property is nonmarital property.
• Nonmarital property. "Nonmarital property" means property real or personal, acquired by either spouse before, during, or after the existence of their marriage, which (a) is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse; (b) is acquired before the marriage; (c) is acquired in exchange for or is the increase in value of property which is described in clauses (a), (b), (d), and (e);  (d) is acquired by a spouse after the valuation date; or (e) is excluded by a valid antenuptial contract.
• Mediation. "Mediation" means a process in which an impartial third party facilitates an agreement between two or more parties in a proceeding.
• Parenting time. "Parenting time" means the time a parent spends with a child regardless of the custodial designation regarding the child.
• Pension plan benefits or rights. "Pension plan benefits or rights" means a benefit or right from a public or private pension plan accrued to the end of the month in which marital assets are valued, as determined under the terms of the laws or other plan document provisions governing the plan, including section 356.30. Subd. 7.
• Private pension plan. "Private pension plan" means a plan, fund, or program maintained by an employer or employee organization that provides retirement income to employees or results in a deferral of income by employees for a period extending to the termination of covered employment or beyond. Subd. 8.
• Public pension plan. "Public pension plan" means a pension plan or fund specified in Minnesota Statutes section 356.20, SUBDIVISION 2, or 356.30, SUBDIVISION 3, the deferred compensation plan specified in section 352.96, or any retirement or pension plan or fund, including a supplemental retirement plan or fund, established, maintained, or supported by a governmental subdivision or public body whose revenues are derived from taxation, fees, assessments, or from other public sources.
• Residence. "Residence" means the place where a party has established a permanent home from which the party has no present intention of moving.

"Lawyer Speak" can be frustrating to listen to sometimes. To familiarize yourself with some of the common terms (and what they mean to your Minnesota child support case), see the list of MN child support law definitions below.

MN Statutes Section 518A.26 Definitions for Minnesota Child Support Cases:

• Subdivision 1. Terms. For the purposes of this chapter and chapter 518, the terms defined in this section shall have the meanings respectively ascribed to them.
• Subd. 2. Apportioned veterans' benefits. "Apportioned veterans' benefits" means the amount the Veterans Administration deducts from the veteran's award and disburses to the child or the child's representative payee. The apportionment of veterans' benefits shall be that determined by the Veterans Administration and governed by Code of Federal Regulations, title 38, sections 3.450 to 3.458.
• Subd. 3. Arrears. Arrears are amounts that accrue pursuant to an obligor's failure to comply with a support order. Past support and pregnancy and confinement expenses contained in a support order are arrears if the court order does not contain repayment terms. Arrears also arise by the obligor's failure to comply with the terms of a court order for repayment of past support or pregnancy and confinement expenses. An obligor's failure to comply with the terms for repayment of amounts owed for past support or pregnancy and confinement turns the entire amount owed into arrears.
• Subd. 4. Basic support. "Basic support" means the basic support obligation computed under section 518A.34. Basic support includes the dollar amount ordered for a child's housing, food, clothing, transportation, and education costs, and other expenses relating to the child's care. Basic support does not include monetary contributions for a child's child care expenses and medical and dental expenses.
• Subd. 5. Child. "Child" means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support.
• Subd. 6. Deposit account. "Deposit account" means funds deposited with a financial institution in the form of a savings account, checking account, NOW account, or demand deposit account.
• Subd. 7. Financial institution. "Financial institution" means a savings association, bank, trust company, credit union, industrial loan and thrift company, bank and trust company, or savings association, and includes a branch or detached facility of a financial institution.
• Subd. 8. Gross income. "Gross income" means the gross income of the parent calculated under section 518A.29.
• Subd. 9. Income withholding only services. "Income withholding only services" means the services provided by the public authority to collect payments pursuant to a support order but does not include other enforcement services provided by the public authority for IV-D cases. Notices required for income withholding under this section shall be initiated by the applicant for services. An obligation for spousal maintenance under subdivision 21, paragraph (a), clause (3), is only eligible for income withholding only services.
• Subd. 10. IV-D case. "IV-D case" means a case where a party has assigned to the state rights to child support because of the receipt of public assistance as defined in section 256.741 or has applied for child support services under title IV-D of the Social Security Act, United States Code, title 42, section 654(4). An obligation for spousal maintenance under subdivision 21, paragraph (a), clause (3), is not an IV-D case.
• Subd. 11. Joint child. "Joint child" means the dependent child who is the child of both parents in the support proceeding. In cases where support is sought from only one parent of a child, a joint child is the child for whom support is sought.
• Subd. 12. Nonjoint child. "Nonjoint child" means the legal child of one, but not both of the parents in the support proceeding. Nonjoint child does not include stepchildren.
• Subd. 13. Obligee. "Obligee" means a person to whom payments for maintenance or support are owed.
• Subd. 14. Obligor. "Obligor" means a person obligated to pay maintenance or support. A person who has primary physical custody of a child is presumed not to be an obligor for purposes of a child support order under section 518A.34, unless section 518A.36, SUBDIVISION 3, applies or the court makes specific written findings to overcome this presumption. For purposes of ordering medical support under section 518A.41, a parent who has primary physical custody of a child may be an obligor subject to a payment agreement under section 518A.69.
• Subd. 15. Parental income for determining child support (PICS). "Parental income for determining child support," or "PICS," means gross income minus deductions for nonjoint children allowed under section 518A.33.
• Subd. 16. Payor of funds. "Payor of funds" means a person or entity that provides funds to an obligor, including an employer as defined under chapter 24, section 3401(d), of the Internal Revenue Code, an independent contractor, payor of workers' compensation benefits or unemployment insurance benefits, or a financial institution as defined in section 13B.06.
• Subd. 17. Primary physical custody. The parent having "primary physical custody" means the parent who provides the primary residence for a child and is responsible for the majority of the day-to-day decisions concerning a child.
• Subd. 18. Public authority. "Public authority" means the local unit of government, acting on behalf of the state, that is responsible for child support enforcement or the Department of Human Services, Child Support Enforcement Division.
• Subd. 19. Social Security benefits. "Social Security benefits" means the monthly retirement, survivors, or disability insurance benefits that the Social Security Administration provides to a parent for that parent's own benefit or for the benefit of a joint child. Social Security benefits do not include Supplemental Security Income benefits that the Social Security Administration provides to a parent for the parent's own benefit or to a parent due to the disability of a child.
• Subd. 20. Support money; child support. "Support money" or "child support" means an amount for basic support, child care support, and medical support pursuant to:(1) an award in a dissolution, legal separation, annulment, or parentage proceeding for the care, support and education of any child of the marriage or of the parties to the proceeding; (2) a contribution by parents ordered under section 25687; or (3) support ordered under chapter 518B or 518C.
• Subd. 21. Support order. (a) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or administrative agency of competent jurisdiction:(1) for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state; (2) for a child and the parent with whom the child is living, that provides for monetary support, child care, medical support including expenses for confinement and pregnancy, arrearages, or reimbursement; or (3) for the maintenance of a spouse or former spouse.(b) The support order may include related costs and fees, interest and penalties, income withholding, and other relief. This definition applies to orders issued under this chapter and chapters 256, 257, 518, and 518C.
• Subd. 22. Survivors' and dependents' educational assistance. "Survivors' and dependents' educational assistance" are funds disbursed by the Veterans Administration under United States Code, title 38, chapter 35, to the child or the child's representative payee.

Parties to Hennepin County divorce and custody proceedingshave to appear before the judge assigned to their case as early as three to four weeks after the filing of the initial papers.

The first appearance in Hennepin County Family Court  is called an Initial Case Management Conference (ICMC). Below is an article written by the Honorable Lucy Wieland, Chief Judge of the Fourth Judicial District.

Reducing the Pain of Divorce
Lucy Wieland, Chief Judge of Fourth Judicial District - February 13, 2007

It starts with the Initial Case Management Conference (ICMC), which occurs about three weeks after the parties' DISSOLUTION or PATERNITY case has been filed. Here, the parties and their attorneys meet with their assigned judge in an informal setting, everyone speaks freely and an attempt is made to resolve as many issues as possible. To help resolve any remaining issues, the parties may select from a menu of specifically designed settlement programs.

If the parties need help resolving financial issues, such as spousal maintenance or dividing marital assets, they can choose the FINANCIAL ISSUE EARLY NEUTRAL EVALUATION (FENE) PROGRAM. A neutral expert compiles all the necessary financial information, listens carefully to the parties' respective positions, studies the material, offers candid assessments regarding the strengths and weaknesses of each issue and helps the parties negotiate a resolution. The expert’s fees are determined on a sliding scale basis at a fraction of the normal rate. To date, 70 percent of the cases have settled entirely, averaging 59 days to resolution, and costing less than $1,000 for neutral expert fees. While the parties may incur additional charges for their lawyers, overall they end up paying a fraction of the costs associated with traditional divorce litigation and the whole process is completed in less than three months.

Families opting for the SENE program often save a college education worth of costs and expenses, minimize emotional harm to their children, and discover that they can co-parent in a civilized, respectful way despite their divorce Even when the entire case does not settle, partial settlements result in far less expensive proceedings, with less potential harm to the children.

Occasionally, parents return to court because one wants to modify the existing custody arrangements. The Ready Response Program directs the parents and child to a custody evaluator serving as the Ready Response officer of the day. The Ready Response officer meets with the parents and child on an emergency basis and reports back to the court and the parents on the same day.

For example, a mature teenage girl may be telling her mother that she wants to move in with her; and telling her father that she wants to remain living with him. Both parents come to court believing that they are following the child's wishes. Rather than go through long drawn out litigation to determine the child's true preference, the Ready Response Program may be utilized. The Ready Response officers are skilled interviewers and can help determine what the child really wants. It is often much easier for a child to be candid in a setting that does not require the child to say something in the presence of a parent that might hurt that parent's feelings. On many occasions the Ready Response interview provides enough valuable information that the parents are able to negotiate a resolution and avoid a protracted court battle.

For more information on these and other programs, visit FAMILY COURT on the web. (See Links.)

For a consultation with a Hennepin County divorce attorney, please contact attorney Chris Banas at 651-361-8109.  He has written numerous articles on information on Minnesota Divorce, Child Support & Spousal Maintenance, Custody & Parenting Time and More.  Learn more about Hennepin County Custody and Parenting Time, Hennepin County Family Court divorce and child custody definitions and the Do's and Don'ts of Hennepin County Family Court Proceedings.

Below are some tips on how to act in Minnesota Family Court and what not to do in Minnesota Family Court:

• RECORDED STATEMENTS. In a contested divorce or custody proceeding always assume that any statement you make is recorded. This includes telephone calls and answering machine messages. Do not say or do anything that you would not want a court to know about. If you plan on recording your spouse, be sure to speak with your attorney prior to making any recording. In general, Judges do not appreciate parties recording the other and in some situations, recording the other party can backfire on the party making the recording.
• SPEAKING WITH OPPOSING COUNSEL. Once you are represented by an attorney, opposing attorneys may not speak with you regarding the case. If they call you refer them to your attorney. Do not call them even if your lawyer is unavailable and you consider it an emergency.
• SPEAKING WITH JUDGES. Parties may not speak with or provide letters to a judge unless it is part of a scheduled hearing. Contact without the other party present is called ex-parte contact and is prohibited.
• PARENTING NOTEBOOKS. In a custody proceeding it is important to maintain a notebook including dates that events occur relating to the care of your child(ren). What is the daily routine? Who takes them to the doctor? Who takes them to school activities? List any concerns regarding the other party’s parenting including the method of discipline, drug use, alcohol use, disabilities or neglect. Keep a calendar with you and mark the dates and times you and the other parent spend time with the children. This is important, and a calendar makes it much easier for you and your attorney to prepare for a hearing regarding your children.
• INDEPENDENT DOCUMENTATION. In Minnesota family court custody proceedings,  courts are often faced with conflicting “he said and she said” testimony. It is very important to find independent documentation to verify any statements. For example, if you contend that you are the primary caretaker, reports from doctors, daycare provider or teachers may document your attendance at parent-teacher conferences, signing off on homework or taking the child to the doctor. It is very important that you acquire this documentation early on in the legal proceeding. If domestic abuse is an issue, you may wish to document incidents with police calls to the homestead, police reports or orders related to domestic abuse. If drug or alcohol use is an issue, a driving record showing DWI arrests or drug charges may prove valuable.
• INVOLVEMENT OF CHILDREN. Avoid involving minor children in the Minnesota Family Court proceeding. This may harm the child emotionally and damage your case. Avoid blaming or vilifying the other parent in the child’s presence. Remind the child that the divorce is not their fault and is a parental dispute. Tell your child (no matter how you truly feel) that both parents love them.
• PHOTOGRAPH PROPERTY. To prepare for divorce, in addition to acquiring necessary documentation, you may wish to photograph or videotape your furnishings, personal property and real estate. By photographing the contents of your home, you will create a comprehensive log of your possessions and the condition of your home. It may be difficult at a later date to recall all items or necessary repairs.
• DON’T LOSE YOUR TEMPER. Domestic violence is a serious issue and can ruin a spouse's chance for custody. Do not put yourself in a situation where it is likely an argument with your spouse will ensue. A finding of domestic abuse by one spouse against the other makes any custody battle very difficult since there is a presumption under Minnesota law that an abuser should not have custody.  Read more about domestic abuse and its affect on divorce and child custody proceedings.

The information below on the pretrial conference is one in a series of articles on Minnesota divorce procedures and the Minnesota Family Court process.

The pre-trial conference is a mandatory conference in which the parties and their attorneys must appear. Depending on the county, it is held anywhere from four to six months after the filing of the initial pleadings.

Some important facts concerning the pretrial conference are:

1.)    A pre-hearing statement must be drafted by both parties, filed with the court and served upon each party 10 days prior to the pre-trial hearing. This filing is mandatory and a party failing to abide is subject to sanctions, which may include fees, the striking of pleadings, or other relief as determined by the court.

2.)    The pre-hearing statement sets forth the parties' financial status (income, expenses, and liabilities) and position on custody and parenting time. A monthly budget, the parties' most three (3) recent pay stubs, and a proposal concerning custody and parenting time must be attached to the statement.

3.)    The pre-hearing statement is an important document, and must be completed carefully by each party. Since this document is served upon both parties and is filed with the court, you and your attorney should double-check your submissions, as the pre-hearing statement can be "used against you" or your spouse later on in the proceedings. (For example, inconsistent statements made on the pre-hearing statement such as income, asset value, or monthly expenses can be used against a party, if at trial, that party tries to submit evidence that is contrary to statements made on the pre-hearing statement.)

4.)    The pretrial conference is an opportunity for the parties to attempt settlement. In some situations, the parties' attorneys will speak to the judge presiding over the case. The attorneys' will inform the court of the contested issues. Many times, cases are settled (fully or in part) at the pre-trial conference. If a case settles, the court will allow the parties to read the agreement(s) "onto the record." Once the agreement is read onto the record, the court will direct a party to draft the agreement for circulation and submission to the court.

5.)    Matters that do not settle will be set on for trial. The court will then issue an order - usually called a Pre-trial Conference Order or Trial Order. This order will set the date and time for trial and will set forth other orders regarding the exchange of exhibits and witness lists, for example.

The pretrial conference is one part of Minnesota Divorce procedure.  If you would like to have a consultation with a Minnesota divorce lawyer, please contact Chris Banas at  651-361-8109.

A very serious question -- as the divorce process can take a significant financial toll on you and your spouse. Unless you are representing yourself, you and your spouse will likely be paying an attorney for representation. I am often asked the question: Will I have to pay for my spouse's attorney? There is no easy or simple answer. The answer will depend on the specifics of each case.

Attorney's fees in divorce proceedings can be awarded in two situations:

1. First, attorney fees can be awarded when there is financial need on the part of one spouse and there is an ability to pay on the part of the other spouse. Need-based attorney's fees, as they are called, are often awarded when there is a significant income disparity between the parties. A request can be made early on in the proceedings or at the very end. The court must make particular findings on the issue of need before attorney fees can be awarded.
2. Conduct-based attorney fees can also be awarded by the court in those situations where the court finds that the conduct of one party has needlessly increased the length or cost of the proceedings. These fees are awarded as a "punishment" for one party’s unreasonable conduct.  Again, the court must make specific findings regarding the conduct of the other party before attorney fees can be awarded.

See below for the full text of the attorney’s fees statute in Minnesota.

518.14 COSTS AND DISBURSEMENTS; ATTORNEY FEES; COLLECTION COSTS.

Subdivision 1. General. Except as provided in section 518A.735, in a proceeding under this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements in an amount necessary to enable a party to carry on or contest the proceeding, provided it finds:(1) that the fees are necessary for the good-faith assertion of the party's rights in the proceeding and will not contribute unnecessarily to the length and expense of the proceeding;(2) that the party from whom fees, costs, and disbursements are sought has the means to pay them; and (3) that the party to whom fees, costs, and disbursements are awarded does not have the means to pay them.

Nothing in this section or section 518A.735 precludes the court from awarding, in its discretion, additional fees, costs, and disbursements against a party who unreasonably contributes to the length or expense of the proceeding.  Fees, costs, and disbursements provided for in this section and section 518A.735 may be awarded at any point in the proceeding, including a modification proceeding under sections 518.18 and 518A.39. The court may adjudge costs and disbursements against either party. The court may authorize the collection of money awarded by execution, or out of property sequestered, or in any other manner within the power of the court. An award of attorney's fees made by the court during the pendency of the proceeding or in the final judgment survives the proceeding and if not paid by the party directed to pay the same may be enforced as above provided or by a separate civil action brought in the attorney's own name. If the proceeding is dismissed or abandoned prior to determination and award of attorney's fees, the court may nevertheless award attorney's fees upon the attorney's motion. The award shall also survive the proceeding and may be enforced in the same manner as last above provided.  Copyright © 2007 by the Office of the Revisor of Statutes, State of Minnesota.  All rights reserved.
 
Learn More -- Visit our articles and resources for more Minnesota family law information on Minnesota Divorce,  Child Support & Spousal Maintenance, Custody & Parenting Time and More.

If you would like to have a consultation with a Minnesota divorce lawyer, please contact attorney Chris Banas at  651-361-8109.

 

1. At any point in the legal process, from the initial judicial management conference to a pretrial settlement conference, the judicial officer may refer parties and their attorneys to Hennepin County Family Court Services for an ENE.
2. A male/female ENE team of experienced FCS staff is assigned to the case.
3. Hennepin County divorce attorneys and parties meet with the ENE team within one week after the assignment. Each attorney or pro se party is asked to present the important issues in the case. Unless it is necessary to gather additional information, the ENE team provides immediate feedback about each party's case. Settlement possibilities are discussed and areas needing further scrutiny are identified.
4. The ENE team may gather additional information as necessary and the team may interview parties, interview child(ren), or gather limited collateral data.
5. The attorneys and parties may meet a second time with the ENE team to hear the team's assessment and recommendations. Settlement options for full and partial agreements are discussed. If the case does not settle, the team identifies critical issues that may need additional study.
6. If a full or partial settlement is reached, a copy of the agreement is sent to the judicial officer. If a full agreement is not reached, a report is made to the judicial officer by the ENE team regarding partial agreements that have been reached. The report may be written or oral. The ENE team members may not be called as a witness with respect to the information obtained or the recommendations made during the ENE process.  In addition to reporting full and partial settlements, the ENE team members may communicate with the judicial officer for the limited purpose of facilitating case management. For example, if one fact issue stands in the way of settlement, such as a chemical health issue, the ENE team may report the disputed issue to the judicial officer for case management purposes. Armed with such information, the judicial officer may opt for a chemical health assessment rather than a full-fledged custody evaluation.
7. If the case does not settle, the judicial officer consults with the parties and their attorneys to decide the next step, which may be mediation, an expedited evaluation of the remaining issues, or a full custody evaluation.

If you have questions regarding Early Neutral Evaluation in Minnesota, please contact Minnesota divorce lawyer Chris Banas: 651-361-8109.

If there is a dispute in Minnesota over custody and parenting time, the court will likely order the parties to undergo some sort of "evaluation". "Evaluation" is a fluid term, and can mean a variety of things. To understand the "evaluation" itself and the process you will have to undertake, you must understand the different types of players who may be assigned to your case. The most commons types of "evaluations" and the professionals who conduct them are set forth below. Your particular case may include only one of these individuals or many.

If you and your spouse agree to the terms of your divorce, the divorce process can be quite simple and quick. Here are some points to consider if your divorce proceeding is uncontested.

1. Time frame can be significantly shortened. An uncontested divorce can be finalized in a month or so, depending on your county and court scheduling.
2. Costs can be minimized. Depending on the issues, attorneys' fees can be minimized, as much of the work would be dedicated to drafting legal documents. The current filing fee is approximately $330.00. This varies by county, but generally is in this range, give or take a few dollars.