The list below describes significant events in most legal matters, including most custody cases and divorces:
If the parties can agree on all issues, they may submit the Summons and Petition and their final proposed order or divorce decree to the Court for review and filing.
If the parties do not agree on all issues, once the case is filed with the Court an informal, off-the-record court appearance called the Initial Case Management Conference (the “ICMC”) will be scheduled.
During the ICMC, the parties and their attorneys will meet with the judicial officer assigned to the case. The hearing is not held on the record and is intended to ascertain what agreements have been reached, if any, and discuss a path forward to address disputed issues. The Court will order that the parties participate in some form of Alternative Dispute Resolution referred to as ADR.
Although there are many forms of ADR, the most common are Early Neutral Evaluation (ENE) and Mediation. ADR proceedings are intended to help parties resolve their legal matters outside of Court. The proceedings are confidential so that parties can engage in meaningful settlement negotiations.
Depending on the complexity of the case, the parties can elect to participate in Early Neutral Evaluation (“ENE”) for either or both financial (FENE) and/or child-related issues (SENE). The parties and counsel select a date to meet with a court-appointed evaluator at which time each party is allowed to share their story and present their desired outcome.
The evaluator will provide recommendations for settlement based on what they believe the judge on your case would do if s/he decided. The parties are free to accept or reject this recommendation.
The confidential nature of these proceedings means that no details are shared with the Court regarding the parties’ respective positions or the evaluator’s opinions. If no agreement is reached, the evaluator will simply report to the Court that an agreement was not reached.
Mediation is a forum in which a neutral third party (typically another attorney, retired judge, referee, or psychologist) facilitates communication between the parties to promote settlement. Mediation can be evaluative similar to an ENE. Clients and their attorneys summarize the history of the legal matter and provide their settlement position. Through mediation, some parties can resolve many, if not all issues.
Typically, mediation sessions last for 3- 4 hours. It often takes more than one mediation session to reach a full and complete settlement.
The ENE process has the advantage of a potential resolution of issues before incurring the fees associated with extensive discovery and expert reports. It is most useful where the parties are familiar with the extent of the marital estate or where the custody and parenting time issues are amenable to compromise and settlement.
The ENE process has the disadvantage of the possibility of a premature settlement when all of the facts and circumstances are not known, and may not be appropriate where the issues are complex.
Both parties are entitled to have all the relevant information needed to engage in meaningful settlement negotiations. The parties exchange or “discover” information either informally or formally. Informal discovery is more affordable but relies on voluntary cooperation and disclosures. Formal discovery is much more time-consuming and expensive but is necessary if the other party is not disclosing the needed information.
Either party may seek temporary relief regarding custody/parenting time and/or financial support by bringing a temporary motion.
If at any point during the process, you and the other party reach an agreement, a written Stipulation is filed with the court, and the agreement is typically accepted. If the parties cannot agree, either directly or after attempting to do so in ADR, the matter will be set for trial, also called an evidentiary hearing.
Parties are strongly encouraged to resolve their legal matter as trials are unpredictable and expensive. At trial, both parties take an oath to tell the truth. Each will explain through testimony what they want and why. Each will seek to have exhibits admitted which are relevant documents that support their position. The judge must decide within 90 days or less. The order or Judgment and Decree is sent to both parties.
If the respondent wants to make additional claims or counter the petitioner’s requests, they can file a Counter Petition, which outlines their demands, such as property rights, support, or custody terms.
Our team will guide you through each phase of your legal matter, ensuring your rights and interests are protected, whether through negotiation or in court.
Danielle Fremont, our lead family law attorney at White & Associates, has over 20 years of experience representing clients in family law matters.
Danielle approaches each case with empathy and professionalism, ensuring that her clients feel supported throughout the process. She believes that transparent and open communication is the key to a successful attorney-client relationship. Danielle strives to have her clients “heard” in the resolution of their legal matters by taking the time to listen to their stories.
Danielle is a skilled negotiator who has resolved hundreds of difficult cases. She has also obtained many positive outcomes at trial when litigation was necessary to further her client’s best interests.
Depending on the unique circumstances in your case, we will discuss the possibility of working with outside professionals such as co-parenting coaches, parenting consultants and therapists. By partnering with these experts, we can build a support team tailored to your needs.
Our attorneys work together as a team to ensure you receive comprehensive support and expertise while offering a broader range of perspectives and resources to help you navigate this challenging time. White & Associates provides the most up-to-date information relative to your legal matter so that you can make well-informed decisions that protect your family and your best interests.
If you’re ready to move forward with your divorce, we’re here to help. At White & Associates, our goal is to make this process as easy and effective as possible for you. Call us at 763-241-0477 or contact us online to schedule your free 30-minute consultation. Let our team help you take the next step toward a new chapter in your life.