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If you have persistent and significant disputes over parenting time, the court may appoint a parenting time expeditor to your case. A "PTE", as it is also known, is unique in that he or she has the authority to make a binding decision concerning parenting time by which both parties must abide. Some important aspects of the statute are below:

What is "legal custody"? How does it differ from "physical custody"? And, who is the "custodial parent"?

"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.

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.

The source of the Minnesota Divorce, Minnesota Marriage Dissolution and Minnesota Family Law definitions is Minnesota Statutes 518.003.  Copyright © 2007 by the Office of the Revisor of Statutes, State of Minnesota.  All rights reserved.  These definitions are used in Hennepin Family Court and in other counties, including Ramsey, Dakota, Washington and Anoka.

In Minnesota, if you have children and you and the other parent cannot come to an agreement with respect to custody and parenting time, chances are your case will be subject to a custody and parenting time evaluation.

A custody and parenting time evaluation is usually conducted by the county's court services department or by a private evaluator. For example, cases in Hennepin County are usually referred to Hennepin County Family Court Services, where an evaluation is conducted by an employee of that department. In other counties, such as Dakota, Scott, and Carver, evaluations are usually conducted by private individuals who contract with the parties for their services.

Parties to Hennepin County divorce and custody proceedings must 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

Divorce is never easy. The pain and loss to family members are immeasurable Over the last three years, the HENNEPIN COUNTY FAMILY COURT has focused on reducing the trauma of divorce by undergoing a quiet but dramatic transformation in how divorces are handled. Today, families can go through Family Court quickly, economically, and with less acrimony by agreeing to use up to three innovative programs and by negotiating in good faith.

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.

Hennepin County also offers a SOCIAL ISSUE EARLY NEUTRAL EVALUATION (SENE) designed to resolve custody and parenting time issues. Because it is extremely important to keep children out of the middle of messy divorce proceedings, the SENE is designed to happen even faster than the FENE. Parents selecting the SENE process are matched with two custody experts, always one male and one female, who meet with the parties, listen carefully to their respective positions, gather any necessary additional information, consult with each other to determine whether they view the issues the same way, and then provide the parties with their candid assessments and negotiate a settlement, all within thirty days after the initial case management conference. So far, 60-65 percent of all SENE referrals result in total settlements, while another 20 percent result in partial settlements.

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 and the Do's and Don'ts of Hennepin County Family Court Proceedings.

Concerned with how to behave during a Minnesota Family Court case? Below are the do's and do not's of the 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.

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

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 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 in the St. Paul or Minneapolis area, 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 in the St. Paul or Minneapolis area, please contact attorney Chris Banas at  651-361-8109.

If you and your spouse agree to the terms of your divorce, the divorce process can be 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.