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Financial Matters In Divorce

Sometimes when facing divorce, once the parties figure out custody and parenting time issues, the remaining issues seem to take care of themselves.

However, some parties have a number of complex and difficult financial issues, like large debts, a variety of assets, or business ownership interests. Still others have accumulated unique assets like original artworks, antiques, or valuable collectibles. When financial issues can’t be decided by the parties, where do they turn?

For help in deciding complex and difficult financial issues, one option is a Financial Early Neutral Evaluation (FENE).

A FENE is held with an evaluator, someone who is a highly-skilled attorney or accountant with an extensive working knowledge of property issues addressed within Minnesota family law. These evaluators have generally worked with the courts long enough to have a very good feel for how a judge is likely to decide regarding your property issues. While your evaluator is not able to predict exactly how the judge will decide in your particular case, he or she can assist you in determining what property is marital or non-marital, give you creative options for handling various pay-outs such as spousal maintenance or the division of a 401k, and even keep you grounded when the stress of the divorce has you spending attorney’s fees to insist upon relatively worthless and easily-replaced items.

If your family law matter involves a divorce and you’re concerned about the division of assets or other financial issues, you need representation to guide you through the process.

Part. 1: Common Acronyms In A Family Law Case

Throughout the course of your Minnesota family law proceeding, you are likely to hear quite a few acronyms used by your family law attorney and by the Court. Below is a key for some of these acronyms:

ICMC: Initial Case Management Conference. This is the first acronym you are likely to hear because it’s often the first step after the case has been filed with the court. An ICMC is a chance to meet the judicial officer assigned to your case and discuss resources that might be available to you for resolving your case without proceeding to litigation. There are no arguments made or decisions issued at an ICMC. Depending on the judge, he or she may not even wear a robe or sit on the bench. There’s no court reporter taking anything down, unless you have agreements which you would like to formalize on the record.

ENE: Early Neutral Evaluation. This is one of the resources available mentioned above that will be discussed at your ICMC. It’s “early” because it’s often right after the ICMC so before the case has really headed too far down the litigation track. It’s “neutral” because it involves someone who doesn’t know anything about your family. It’s an “evaluation” because, unlike a traditional mediation, the neutral(s) involved will give you an opinion about what they think after hearing some facts from you and the other party about your case.

FENE: Financial Early Neutral Evaluation. Typically only in Minnesota divorce cases, an ENE as described above which involves financial issues such as division of assets and liabilities and cash flow issues like spousal maintenance and child support. An FENE just involves one neutral, usually an attorney or an accountant. After providing the evaluator with information regarding your assets, liabilities, income, and expenses, the evaluator will then explain to you, based on their family court experience, what they think a likely outcome is for your case and see if they can help you and your spouse reach an agreement on the financial issues in your case.

SENE/CPENE: Social Early Neutral Evaluation/Custody and Parenting Time Early Neutral Evaluation. An SENE as described above which involves issues related to the children, included legal custody, physical custody, and parenting time schedules. In order to ensure no gender bias, this process involves two neutrals, one male and one female, typically family law attorneys, social workers, or psychologists. You will have the opportunity to tell the evaluators about the history of your relationship with the other parent, your relationship with your children, what you are asking for as an outcome in your case, and any concerns you have about the other parent. You will also have the opportunity to hear the other parent tell the evaluators the same information from their perspective. After hearing about the issues from both parties, the evaluators will confer and then give you recommendations on their opinion(s) as to likely outcomes in your case. After hearing their recommendations, they will help you and the other parent try to reach an agreement which is in your children’s best interests.

As always, if you have questions about any of the above acronyms, please call us to set up your consultation.

Make sure to check back for Part. 2 of Common Acronyms In A Family Law Case

What to Expect In A Social Early Neutral Evaluation (SENE)

Social Early Neutral Evaluation SENE or Custody and Parenting Time Evaluation CPENE (the name varies depending on which county you are participating in) is a form of evaluative alternative dispute resolution where you are given a neutral opinion of the strengths and weaknesses of your case. SENE/CPENE is available in many counties throughout Minnesota. The process is usually commenced at the beginning of a divorce or custody case. The intent is to get parties talking about settlement of their case at the beginning of the process before people get entrenched in their positions. However, SENE/CPENE can be effective at reaching a resolution at any point during the case.

The parties participate in the process with their attorneys present. Two evaluators, a male and female are selected or assigned (depending on which county you are participating in) to the case. You should plan to spend at least three hours at the SENE/CPENE. The process begins with the evaluators explaining the confidentiality requirements and the way that the evaluation will be conducted. The person who is the Petitioner in the court action will begin by telling the evaluators what they are seeking for custody and parenting time and why they believe their proposal is in the best interests of the children. The evaluators and the Petitioner’s attorney may ask the Petitioner questions through out their presentation, but the Respondent’s attorney is not permitted to ask any questions of the Petitioner. Following the Petitioner’s presentation, the Respondent is asked to tell the evaluator what they are seeking for custody and parenting time. The challenge for the Respondent is to not be tempted to simply respond to the Petitioner’s presentation. Again, the Respondent’s attorney and the evaluators will be allowed to ask the Respondent questions. Next the evaluators allow each side one turn at rebuttal.

After all presentations are made to the evaluators, they will leave the room and discuss their impressions of the case. This usually takes 15 to 20 minutes. The evaluators then reconvene the session and give you feedback regarding what they think the likely outcome of the case will be. At this point you can ask the evaluators questions about their recommendations and get any necessary clarification.

Following the receipt of the recommendations, you will then have the opportunity to discuss with your attorney privately your thoughts about what has been recommended. You have three options at this point. You can agree with the recommendations. You can agree with some of the recommendations and propose changes to some portions. Finally, you can disagree completely and walk away from the discussions.

After you have spoken with your attorney you again reconvene with the group and discuss each parties position regarding the recommendations. At this point, usually you begin negotiating the terms of the settlement agreement. Sometimes there will be a full agreement on all issues. Other times, there may simply be a temporary agreement or a partial agreement.

Having a skilled attorney represent you through the SENE/CPENE process is crucial. Our attorneys have represented numerous clients throughout the SENE/CPENE process. They know how the process works and how to effectively prepare you and represent you through the process. Call our office for a family law consultation today.

Basics on Minnesota Child Custody

Probably the most frequently asked question of Minnesota family law lawyers is how Minnesota child custody laws work. Most clients want sole or shared custody of the children, but they’re not really sure how it works or even what that means. The first thing you need to know about Minnesota child custody is that there are two kinds of child custody in Minnesota – legal and physical.

Legal Custody deals with decisions having to do with a child’s health care (including dental), religious and educational upbringing. Legal custody is often simplified to: doctor, preacher, teacher. In Minnesota child custody law, legal custody is presumed to be joint, requiring both parents to collaborate when making the decisions affecting their child’s development. While some Minnesota family lawyers may advise their clients that joint legal custody does not restrict one parent from unilaterally making legal custody decisions, the courts will often intervene, and may even penalize, a parent who denies the other legal custodial parent’s right to participate in the decision-making process.

If a court is considering joint legal custody between both parents, it must also consider factors placed in the statute that should be used to determine whether joint legal custody is advisable. Specifically, the court will look at the ability of the parents to cooperate, if they have the ability to work together to resolve any differences they may have about the child or children, if it would be detrimental for one parent to have sole custody, and whether there has been any domestic abuse in the relationship between the parties.

Physical Custody deals with the routine daily care and control and residence of the child. Physical custody is often simplified as, “where a child lays his or her head at night.” Physical custody can rest with one parent as “sole” physical custody or with both parents who would then have “joint” physical custody.

A lot of parents believe physical custody also dictates visitation rights in Minnesota. Visitation rights in Minnesota are actually referred to as parenting time, which has to do with the specific schedule each parent has with the child or children. Parenting time is separate from custody and will be discussed in greater depth in a future blog.

Legal custody and physical custody in Minnesota can be determined by the court, but is more often determined through collaboration between the parents to develop a custodial arrangement that is in the child’s best interests and works best for each parent. If you would like to determine legal and physical custody rights for your child, contact us to discuss the specific facts of your case.

Responsibilities of a Guardian Ad Litem

Sometimes there are more parties in a Minnesota child custody case than just the mother and the father. Sometimes the court will appoint a Guardian Ad Litem (GAL) to represent the interests of the child and advise the court with respect to custody and parenting time. Sometimes this appointment is mandatory, such as in cases where the court has reason to believe the child is a victim of domestic abuse or neglect, and sometimes this appointment is only permissive, meaning the court can, but does not have to, appoint a GAL. Due to budget constraints, permissive appointments are becoming less available. Obviously, some counties have more resources available than others.

Pursuant to Minnesota statute §518.165, subd.2a, when a GAL is appointed to a Minnesota family law case, the GAL has the following responsibilities:

1) to conduct an independent investigation to determine the facts relevant to the situation of the child and the family; this investigation must include:

reviewing relevant documents;
meeting with and observing the child in the home setting and considering the child’s wishes, as appropriate; and
interviewing parents, caregivers, and others with knowledge relevant to the case.

2) to advocate for the child’s best interests and for appropriate community services;

3) to maintain confidentiality of information;

4) to monitor the child’s best interests throughout the proceedings; and

5) to present written reports on the child’s best interests.

The information gathered and presented to the court by the GAL is very persuasive. The court is likely to order something substantially the same or similar to the recommendations of the guardian. To discuss whether appointment of a Guardian Ad Litem might be appropriate in your case, our Minnesota family lawyers can offer you a consultation.

Parenting Resources in Minnesota

If you are a parent in Minnesota, please be aware of the many family education programs available to you and your family. A simple search for “Parenting Classes MN” can give you in seconds resources such as parenting classes in Minnesota, parenting support groups, and workshops for families struggling with divorce or separation.

Because parenting is such a personal topic, you may feel nervous or embarrassed to ask for help. With the number of resources and communities out there however, you should embrace new ideas and group sessions.

We work with families dealing with an array of different family law issues and are able to tailor our experience and knowledge to your case. We want the best outcome for your family and often services such as parenting classes or mediation are a step in the right direction.

Please contact our St Paul family law office if you have a case you would like to discuss with one of our attorneys. 651-222-6341.