Posts Categorized: General Family Law

Veto Power

Posted by & filed under General Family Law.

If you have an issue or dispute that must be addressed by the family court, in almost all instances you have one or more opportunities, before the family court issues a decision, to reach a resolution with the opposing party, outside of court.  When the dispute is submitted to the mediation process, you have something that… Read more »

Financial Early Neutral Evaluation

Posted by & filed under General Family Law.

Financial Early Neutral Evaluation (FENE) is a process that is similar to Early Neutral Evaluation for custody and parenting time issues (which is sometimes referred to as Social Early Neutral Evaluation (SENE), to distinguish it from Financial Early Neutral Evaluation).  The FENE model does not contemplate a team of two evaluators, as in SENE; instead… Read more »

Dividing Personal Property

Posted by & filed under Divorce, General Family Law.

When a couple divorces, the personal property must be divided.  That includes households goods and furnishings, and general "stuff" in the home.  While the division of items can often be a contentious subject, family court judges discourage spouses from devoting too much time and emotion (and expense) to it.   In many cases, the spouses… Read more »

Domestic Abuse Order for Protection Proceedings

Posted by & filed under General Family Law.

When a domestic abuse case comes before the family court, the responding party has three choices:  1. Admit the allegations of abuse (resulting in issuance of the requested Order for Protection); 2. Deny the allegations and proceed with an evidentiary hearing (usually scheduled for a day one to two weeks later, but occasionally takes place… Read more »

Emergency Court Orders and Expedited Relief

Posted by & filed under General Family Law.

If you want the court grant you relief, or order your spouse / ex-spouse / child’s other parent to do something, the typical process takes several weeks. You must obtain a hearing date, file with the family court certain documents, send copies of the documents to the other party, and then wait for the family… Read more »

Joint Physical Custody Presumption Subjected to Study

Posted by & filed under Custody, Divorce, General Family Law, Parenting Time.

Today there was a committee hearing at the Minnesota Legislature on a proposed bill to enact a presumption in favor of joint physical custody. The bill would establish a rebuttable presumption that joint physical custody is in the best interests of a minor child. (Minnesota law already has a presumption that joint legal custody is… Read more »

When One Attorney is Involved in a Divorce

Posted by & filed under Divorce, General Family Law.

In Minnesota and most other states, one attorney cannot represent both parties in a family court proceeding. (Do not be misled by the movie Juno!) Yet it is common for divorces to happen with only one attorney involved. When one attorney is involved, that attorney represents one of the parties; the other party waives counsel…. Read more »