Minnesota Divorce and Family Law

The Status Quo

In many instances when facing a dispute during a divorce or custody case, it is important to be mindful of the existing circumstances: where the child is living; who is in possession of the house; whether both spouses are working outside the home.   It is important because, all other things being equal, the court is very likely to maintain the status quo, if possible, when deciding an issue. 

This is especially important in the case of temporary orders (i.e., court orders that are in effect while the case is pending).  If the court must decide the temporary parenting schedule, the court will likely need a specific reason to CHANGE what the current pattern is.  Unless there is good reason, the court is likely to stick to the "status quo."  If one party has refrained from working outside the home for several years, the court is unlikely to expect that party to immediately produce substantial income.  Instead, the court will (at least temporarily) maintain the status quo, and refrain from expecting separate earnings from that party.

The status quo issue is an important consideration when someone is deciding whether or not to move out of the marital residence.  If someone moves out of the house, they can be creating a new "status quo" that they may need to be prepared to stick with.  Someone who moves out, leaving children at the marital home with the other parent, allows for a new "status quo" that the children are living with one parent in the home.  The party who moved out may have a difficult time later obtaining sole custody, or even joint custody, based upon the status quo established with the move-out. 

The same can be said of later obtaining possession of the house.  If one party moves out, then the family court is unlikely to impose upon the other party the disruption of moving out over his or her objection. 

Removing a Judge

In a Minnesota family law case, each party has one opportunity to remove the assigned judge without having to provide a reason.  The case is then assigned to a different judge.  The removal must be made within ten days, and must be made before the judge takes any substantive action on the case. 

If someone wants to remove the judge after reassignment, after the ten day deadline, or after the judge has taken substantive action on the case, it requires the judge's assent (either by the judge's own action, or by the requesting party's motion).  Many parties wish for, or even seek, removal in these instances; but relatively, very few are granted. 

What is a Temporary Order?

When the court issues a divorce decree, the order provides for final relief as to child custody, financial support and property issues.  However, in many cases, it is necessary for the court to make provisions in the interim, while the divorce is pending.    For example, if a divorce begins in March and the final decree is entered in September, the court may need make an order for interim relief to be followed by the parties between March and September.  This is called a temporary order, or order for temporary relief.

If there is a child custody dispute, and a custody evaluation is undertaken, the parents must have a temporary arrangement to abide by in the mean time.   If the marital residence is going to be sold to provide both spouses money needed to buy a new home, the court may need to decide which spouse may reside in the house while it is listed and marketed.  In many cases, the spouses reach agreement on the interim terms, in which case the court issues a stipulated order for temporary relief. 

The temporary order expires when the final decree is issued by the court.  Some of the terms from the temporary order may carry over into the final decree, and others may not. 

Parenting Time Expeditor

A parenting time expeditor is a neutral third party who is brought on board after a custody arrangement or parenting plan is in place to assist parents with the parenting schedule. The family court appoints the parenting time expeditor, but in many cases, the court's appointment is a result of the agreement of the parents.

The parenting time expeditor (I've also seen it spelled expediter) can help in situations such as this: Mom is entitled to spend her birthday with the children. Dad is entitled to spend Memorial Day Weekend with the children. Once or twice every few years, Mom's birthday occurs during Memorial Day Weekend. The first time this occurs after the parents are no longer living together, the parents are at an impasse as to how they allocate their time with the children throughout the holiday weekend.

Before parenting time expeditors existed, parents in this situation might have to arrange a family court hearing before a judge if they were unable to reach agreement on the issue. With a parenting time expeditor involved, there can be a discussion at a conference table, and the parenting time expeditor can help facilitate an agreement, or even make a binding decision, to resolve the dispute.

I have served as a parenting time expeditor in the past, and often was able to handle the process by communicating with the parents by electronic mail. Handling things that way made the dispute resolution process even more time-efficient and less expensive than it would otherwise have been.

Most of the time the parenting time expeditor's services are paid for by the parents in equal shares. Many parents find it to be money well spent.

Family Law Prologue

Greetings from St. Paul, Minnesota. Having returned to my office after a week away, this is my opportunity not only to dive back into working on divorce and family law cases, but also to dive into the world of blogging.

As a family law attorney, I spend a great deal of my time answering people's questions. That is an obvious and important part of rendering legal advice to a client in the midst of a divorce or child custody dispute, or arguing a case in family court. Other attorneys will often post questions on listserves that have recently popped up on the internet, and friends and family members will often pick my brain about family law issues that they have encountered, or just out of plain curiosity. This blog is meant to serve as a place to post questions and answers on important family law issues.

It is my hope that this blog will serve as a helpful resource on the subject of Minnesota divorce and family law. Please feel free to post a question (with due regard for the disclaimer on the sidebar) by clicking on the comments link below.