Contested Divorce in Minnesota

Divorce Lawyer in Chisago County, Minnesota

 Looking for a divorce lawyer in Minnesota?  Whether an uncontested divorce without children or a high conflict dispute involving millions of dollars, Summer Young takes pride in getting to know her clients, treating them with respect and being by their side every step of the case.

Types of Divorce Cases

CONTESTED DIVORCE

There are four main issues that may be involved in a divorce: custody and parenting time, child support, asset and debt division and spousal maintenance.  Each has its own nuances that can open up complex disputes as part of a marital dissolution action – such as the tracing of non-marital claims, the tax consequences associated with an alimony award, or whether a need for supervised parenting time exists.

In terms of the process, a contested divorce in Minnesota can involve any number of distinct segments, many of which may be avoided if a settlement agreement is reached along the way.

Case Workup

The first step of work in a divorce involves the case workup. The client will complete an initial questionnaire and provide documentation to Summer Young, so that she can adequately move forward and understand exactly what is sought.

Following the initial information gathering, Summer will put together the initial pleadings in the case, and serve them upon the opposing litigant.  Once service of process is complete, Summer will file the matter with the district court.

 Initial Case Management Conference (ICMC)

Following the service of the Summons and Petition, the parties will participate in an Initial Case Management Conference (ICMC).  This is a first meeting with the Judge on an informal basis, to talk about the issues that are in controversy.  It provides the Court with an opportunity to meet the parties and understand the situation more.

Early Neutral Evaluation (ENE)

The Court, at that point, will refer the matter for an Early Neutral Evaluation (ENE), so long as the parties agree.  ENE is a process in which the parties meet with a court-appointed expert and try to settle the case relatively early.  There are two different types of ENE we can engage in, a Financial ENE or a Social ENE. The expert is given the authority to offer evaluative opinions about the likely outcome in the event that the matter was tried to a Judge.

Discovery

During contested divorce in Minnesota, if matters are unresolved following an Early Neutral Evaluation, the parties conduct “discovery.”  Discovery involves the gathering of information from the opposing litigant.  At this stage, discovery is usually done in a formal way, through written Interrogatories, Requests for Production of Documents, Requests for Admission, or, in limited circumstances, a Deposition.

Motion For Temporary Relief

In addition to Discovery, in some circumstances it will sometimes make sense to pursue a Motion for Temporary Relief.  Temporary Motions involve a hearing that takes place in which the Court makes a determination, on a temporary basis, for example, of who is going to temporarily reside in the marital residence, who is going to have temporary custody of the children, and what sort of temporary alimony or child support awards are appropriate.

Temporary Motions cannot be scheduled until after the parties have completed the Early Neutral Evaluation process.  If a Temporary Motion is necessary at the onset of a case, the litigants can opt out of ENE.  Often, cases will settle following the entry of a Temporary Order, because the parties have a feel for how the Court views the facts of the case.   These temporary orders are not appealable and have to remain in effect until the final order is issued.

Alternative Dispute Resolution

If matters do not settle following a Motion for Temporary Relief, the litigants will continue to try to work things out through various forms of alternative dispute resolution, including mediation, arbitration or a moderated settlement conference.  Summer Young aims to avoid the need for a trial, which can be rather expensive.

Pre-Trial Conference

If all settlement efforts have been exhausted without agreement, the Court will schedule a Pre-Trial Conference.  At this Conference, the Judge will assist the parties in trying, one final time, to resolve their differences.  If no settlement is reached, trial is scheduled.

Trial

The length of a trial is directly tied to the number of issues in controversy, along with the complexity of those issues.  A trial on just the financial issues typically takes no more than one day.  A trial involving custody and parenting time issues, however, may take a week, or more.  Once the trial is completed, the judge has 90 days to issue a written decision deciding the issues.

Appeal

If either party is dissatisfied with the outcome of their contested divorce, under Minnesota law, they have an additional 60 days in which to file an appeal.  The appellate process can take a year, or more, to reach conclusion.  A three-judge panel will review the record and take written and oral argument from the litigants to determine whether the district court should be affirmed (upheld), reversed (overturned) or whether the matter should be remanded (returned) to the district court judge for further hearings or findings.

The best way to know if a contested divorce is right for you is to contact an attorney. Summer Young offers a confidential case evaluation. She can help you determine the best action for you and your spouse to take.  Call (612) 770-0420 for a consultation.