Meier Schack, LLC 2026-04-23T07:25:34Z https://www.meierschack.com/feed/atom/ WordPress /wp-content/uploads/sites/1500611/2020/04/cropped-favicon-meier-schack-32x32.jpg On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46065 2022-07-19T13:43:59Z 2020-01-06T22:38:10Z

On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46973 2022-07-19T13:44:05Z 2019-09-09T21:33:19Z

What is an Early Neutral Evaluation (ENE)? Early neutral evaluation (ENE) is a confidential alternative dispute resolution process designed for faster settlement of family court cases.  There are two separate ENE processes; one for parties to address issues related to custody and parenting time (often referred to as a social early neutral evaluation (SENE) or custody and parenting time early neutral evaluation (CPENE)) and the other to address financial issues related to property division, spousal maintenance and/or child support (often referred to as a financial early neutral evaluation (FENE)).  Both the SENE/CPENE and FENE process are completely confidential.  Anything that is said by the evaluators during the ENE process is not reported back to the Judge.  In the event a settlement is not reached during the ENE process, the evaluators may only report to the Judge that there has not been an agreement reached and they are prohibited from providing the Judge with any details regarding the session*. Social/Custody and Parenting Time Early Neutral Evaluation.  SENE/CPENE is a process for divorcing parents or never-married parents who are involved in a court cases dealing with issues related to custody or parenting time (visitation) for their minor children. The goal of the SENE process is help families navigate through the court process as quickly and fairly as possible before the parties become entrenched in time consuming and costly litigation.   In most cases, within the first two months of filing a case, the parties may elect to participate in the SENE process.  They will select or be appointed one male and one female SENE evaluator.  The parties (and their attorneys) will attend a session which is typically scheduled for three to four hours in which they will each tell the evaluators the relevant points about their relationship with their child(ren) and their wishes relative to custody and parenting time.  After asking follow-up questions, the SENE evaluators will consult and make recommendations regarding options for resolution of the custody and parenting issues.  They will inform the parties of what they believe a Judge might order in the event the case is fully litigated.  In the end, the parties will work with the evaluators and their attorneys to negotiate a resolution of all or some of the issues in their case.  In the event a resolution cannot be reached, the evaluators will inform the Judge that there has been an impasse and the case will proceed to litigation. Financial Early Neutral Evaluation.  FENE is a process available for divorcing couples who are involved in court cases dealing with financial issues.  The FENE process can be used both by couples with children who have child support related issues and by couples without minor children who have issues related to division of assets and debts or a claim for spousal maintenance.  As with the SENE process, within the first few months of filing a case, the parties may elect to participate in the FENE process.  They will select a FENE evaluator who may be an experienced family law attorney or an experienced accountant or other financial expert with vast experience in family court.  The parties and their attorneys will be asked to identify for the FENE evaluator what issues they need assistance in resolving.  Once they have done so, the FENE evaluator will schedule a session and will request that both parties provide him/her with necessary financial information in advance of the session.  Prior to the session the evaluator will review the provided financial information and will prepare the appropriate spreadsheets and schedules.  When the parties and their attorneys attend the session, the evaluator will review and discuss the schedules and spreadsheets and ask follow-up questions.  The evaluator will make recommendations including options for resolving all or some of the outstanding financial issues.  The evaluator will also inform the parties of what they believe a Judge might order in the event the case is fully litigated.  In the end, the evaluator will work the parties and their attorneys to facilitate a resolution to all or some of the financial issues in the case.  In the event a full resolution cannot be reached, the evaluators will inform the Judge that there has been an impasses and the case will proceed to litigation. * The SENE/CPENE evaluators are typically mandatory reporters; despite the confidentiality of the ENE process, the evaluators are compelled to report to the proper authorities any instances where they believe a party may be an immediate harm to themselves, the minor child(ren) or others. This website is for general information purposes only. Nothing on this website should be taken as legal advice for any specific circumstance. As laws vary from state to state, some information on this website may not be correct for your jurisdiction and cannot replace the advice of competent legal counsel licensed in your state. ]]> On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46055 2022-07-19T13:44:10Z 2019-05-30T21:29:50Z

On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46058 2022-07-19T13:44:16Z 2019-05-15T21:31:52Z

On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46061 2022-07-19T13:44:21Z 2019-01-14T22:34:56Z

On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46068 2022-07-19T13:44:26Z 2018-12-17T22:38:42Z

The Initial Case Management Conference For many people, the decision to start a divorce or custody action is the most difficult and intimidating step.  Other people are paralyzed by the idea of going to Court.  Fortunately, the Court’s in Minnesota have come to understand that the idea of going to Court is scary for many people.  Most counties in Minnesota have adopted a program called the Initial Case Management Conference or “ICMC”.   The concept of the ICMC was first developed and implemented in Hennepin County.  After years of positive feedback and success with the ICMC process, the program has expanded to almost every other County in Minnesota. In most instances, after a divorce or custody case has been filed by you or your attorney, you and/or your attorney will receive notice from the Court confirming that your case was filed and notifying you that your case has been scheduled for an ICMC.  The ICMC will be scheduled within two to six weeks from the date your case was filed. If you are represented by an attorney, you and your attorney will attend the ICMC together.  Your spouse or co-parent will also be expected to attend along with their attorney (if they have one).  You will be asked to provide the Court with some basic information about your case.  Typically you are required to submit that information to the Judge two to seven days before your scheduled ICMC. The ICMC is intended to be an informal meeting between all parties, attorneys and the Judge.  This will give you an opportunity to see the Courthouse and meet your Judge.  This is often also your first opportunity to meet the opposing attorney in your divorce or custody case.  While each Judge may choose to manage their ICMC’s differently, you can expect the following to occur at the ICMC:

• The Judge will talk with both parties causally to learn about your case and your family;
• The Judge will encourage you, your spouse or co-parent, and the attorneys to consider alternative dispute resolution options for resolving the case;
• The Judge will explain some options for alternative dispute resolution, and particularly encourage you to participate in a program called an Early Neutral Evaluation; and
• The Judge will work with you to develop a plan for follow-up on your case and a status phone call or hearing may be set.

The ICMC is intended to be informational and it is not an opportunity for you, your spouse or co-parent, or the attorneys to argue specifics of the case.   Unless the parties and attorneys specifically agree otherwise, the Judge cannot issue an order for custody, parenting time, child support or spousal maintenance at the ICMC. You can expect the ICMC to take between fifteen minutes to an hour.  You should make sure to respect the Judge by dressing appropriately, turning off your cell phone, and by refraining from chewing gum or bringing food and beverages into the courtroom. Since many cases settle quickly, the ICMC may be your only visit to Court but if your case does not settle and you have to return to Court later, the ICMC process will give a much better idea of what to expect at the courthouse.]]> On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46070 2022-07-19T13:44:31Z 2018-12-11T22:40:37Z

On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46073 2022-07-19T13:44:37Z 2018-11-20T22:43:17Z

On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46080 2022-07-19T13:44:43Z 2018-11-13T22:44:00Z

Minn. Stat. § 518.522, Subd. 2. In some cases, a spousal maintenance obligation may be permanent (or indefinite); in other cases, a spousal maintenance obligation may be temporary in order to provide the person receiving the spousal maintenance the time necessary to regain the ability to provide for their own support. Spousal maintenance is a very complex and nuanced issue. If spousal maintenance is an issue in your case, it is important to work with an experienced attorney that can guide you through these issues and advocate for you vigorously.]]> On Behalf of Meier Schack, LLC https://www.meierschack.com/?p=46083 2022-07-19T13:44:47Z 2018-08-19T21:45:19Z