In a Minnesota divorce, custody or family law case, the Notice of Initial Case Management Conference is typically the second document you receive from the court. Generally, this notice from the court comes after the Notice of Case Filing and the Notice of Case Assignment. However, sometimes you receive all three of these notices from the court together.
The Notice of Initial Case Management Conference will inform you of the date, time, and location of the Initial Case Management Conference, known as the ICMC. In most cases, the ICMC is the first time you’ll need to appear in court for your divorce, custody or family law case. The notice may also briefly explain what the ICMC process is, and will inform you that you’ll need to complete a document titled, the ICMC Data Sheet. Typically, the ICMC data sheet must be filed with the court and the other party 5 business days before the ICMC. However, it’s very important that you know and follow the procedures and policies within your specific county court system.
In addition, the Notice of ICMC may provide a short preview of what you can expect at the ICMC, along with a discussion of Alternative Dispute Resolution (ADR), Early Neutral Evaluation (ENE), scheduling, appraisals, and discovery. All of these processes can potentially be a part of your case. Although, typically you need to use more of these processes during a divorce case than a custody case.
Read At Court-ICMCto learn more about the Initial Case Management Conference with the judge and take a look at our infographic below.
If you’re not familiar with such processes listed above (ADR, ENE, Discovery, etc…) or don’t know how to prepare for them with your best interests in mind, your best course of action is either to hire a family law attorney or try a legal self-help clinic. Because, regardless of whether you’re represented or not, the judge will expect you to be prepared to discuss these processes and issues.
TIP: In fact, judges are especially pleased when the parties have worked together and reached agreements on these processes and issues before talking to the judge at the ICMC.
Lastly, if you have a family law attorney or divorce lawyer, s/he may be sent the Notice of ICMC from the court instead. However, in that case, your attorney should give you a copy. You should keep this copy of the Notice of ICMC for your personal records.
If you’ve got more questions regarding the Notice of Initial Case Management Conference, feel free to ask below.
Preparing for an intake appointment with a divorce attorney is difficult when you’ve never met with an attorney before, you don’t know what to expect, and/or you don’t know what happens at an intake appointment with a divorce attorney. Therefore, welcome to the third post in our blog series, What to Know Before Meeting with a Divorce Attorney.
In our first post, we discussed what to expect during a consultation and how to use the consultation to find the best divorce attorney for you.
Next, in our second post, we talked about scheduling an intake appointment with a divorce attorney and what to ask when scheduling an intake appointment.This article includes a handy checklist to use when you’re on the phone so make sure you check it out.
Now, in today’s post, we’ll help you prepare for your intake appointment with a divorce attorney by explaining what to bring with you when you meet with him/her.
What To Bring to an Intake Appointment with a Divorce Attorney
1. Current Court Documents:
This refers to any and all court documents you’ve received before your intake appointment with a divorce attorney. For example, if you’ve been served by your spouse or s/he has filed for a divorce in Minnesota, you should have received two documents known as, the Petition and Summons.
It’s essential that you bring these documents (such as, the Petition and Summons) to avoid missing the deadline to contest your divorce and thus, forfeit your right to express your opinion regarding significant aspects of your divorce (such as, property division, child custody and child support).
To illustrate, in Minnesota you only have 30 days to respond after you’ve been served and your reply must be properly formatted into a legal document called, the Answer, which typically also includes one’s Counter-Petition.
For more information about the initial steps in a divorce in Minnesota and the legal documents mentioned above (such as, the Petition, Summons, Counter-Petition, Answer, etc…) read: How Do You Get a Divorce in Minnesota.
2. Previous Court Documents:
It’s also helpful for you to bring any other court documents from previous divorce and/or family law cases that you were involved in (if any) before this divorce.
For example, if applicable, you’ll want to bring the following documents listed below:
Court documents from any/all previous divorces, such as the Findings of Fact, Conclusions of Law, Order for Judgement and Judgement and Decree. The judgement and decree is the final court document that is signed by the judge, establishes the divorce between the couple, and spells out the duties and responsibilities of each party regarding such matters as, property and asset division, child custody and child support.
Other family law related court documents, such as Orders For Protection, Recognition of Parentage (ROP’s), Child Support and/or Child Custody Modification Arrangements, etc.
3. Financial Documents and Other Important Documents:
If you have any original financial documents such as, you and/or your spouse’s paystubs, 401k statements, pension plans, tax returns, etc… it’s in your best interest to start collecting these immediately so that you can give them to your divorce attorney.
Although we don’t require original financial documents right away, some law offices like to collect these documents immediately. As mentioned in our previous post, it’s best if you find out exactly what documents your divorce attorney will require from you at the intake appointment by asking during the consultation or when you’re scheduling the intake appointment.
* NOTE: Please be assured that although most divorce attorneys will ask for such financial documents, if you don’t have access to some/any of these financial documents, your divorce attorney can help you get access. In Minnesota, both parties are required to disclose any and all information to one another, but here’s what you should do if you believe your spouse is hiding assets from you.
4. Retainer Payment:
Most divorce and family law firms require some form of an initial retainer before working on your case. You can think of the retainer as an initial, good-faith deposit that demonstrates you’re ability to hire a divorce attorney and that you’ll use to pay for his/her legal services. It’s expected that you’ll bring the retainer to the intake appointment when you meet with your divorce attorney. As mentioned in our previous post, you should use the consultation to request information about retainer amounts, payment methods, and fee agreements.
One last thing about the retainer payment, if someone other than yourself will be paying on your behalf, it’s best that you inform your divorce attorney of this ahead of time (such as, during the consultation or when you’re scheduling the intake appointment). Some divorce and family law firms will only take checks from a third party. Some divorce and family law firms require the third party to appear in person to confirm identity and to obtain permission; while other divorce and family law firms will take a third party’s credit card number over the phone. The point is, if a third party will be paying the retainer, you’ll want to know if there are any additional procedures that are required ahead of time to ensure you’re prepared for the intake appointment.
5. Driver’s License and/or State Identification Card:
Your driver’s license and/or state identification card will be used by the divorce attorney to confirm your identity at the intake appointment. Identity confirmation is a very important practice because it ensures your safety and confidentiality by preventing someone from obtaining private information about you and your case by pretending to be you. In addition, if you’re paying the initial retainer with your credit card, your driver’s license or state identification card will prove that you own the account. Lastly, if you’re working with a small law firm or solo practitioner for your divorce, you most likely won’t need to show your I.D. card again to the divorce attorney after the initial intake appointment.
6. A Guest, such as a Friend or Family Member:
We’ve added a guest to the list of things to bring to an intake appointment with a divorce attorney not because you necessarily should or shouldn’t bring someone with you, but because it’s something that you should decide before the intake appointment with the divorce attorney. In addition, it’s something that you should discuss with the divorce attorney either during the consultation or when you’re scheduling an intake appointment. Before you decide, know the pros and cons of bringing someone with you to an intake appointment with a divorce attorney.
Hopefully you’ve gotten a better idea of what to talk about with a divorce attorney during a consultation and when scheduling an intake appointment, and what you’ll want to bring with you to the intake appointment through this blog series, What to Know Before Meeting with Your Divorce Attorney.