Demystifying Financial Early Neutral Evaluations in Divorce Cases

Understanding Financial Early Neutral Evaluations (FENE)

In cases where financial issues are contested, understanding the Financial Early Neutral Evaluation (FENE) process can significantly impact the outcome. This approach provides an alternative dispute resolution mechanism, offering a faster and less costly path compared to prolonged court proceedings.

What is a Financial Early Neutral Evaluation?

A Financial Early Neutral Evaluation (FENE) is a relatively new procedure in many Minnesota counties, introduced as part of divorce hearings within the family court system. This voluntary process aims to facilitate resolutions without the need for lengthy litigation. While similar to mediation, FENE differs by involving a quick evaluation based on limited facts and presentations from both parties, resulting in a recommendation on financial matters.

The FENE Process

Typically, the FENE involves an accountant or a seasoned family law attorney as the evaluator. In places like Hennepin County, the initial meeting occurs within seven days of the Order for an FENE. During this three-hour session, each party, accompanied by their attorney, presents critical information such as assets, debts, income, and expenses.

The evaluator listens, queries, and collects necessary information, compiling a 'to-do' list of further data required. Differences or resolutions are reached in subsequent meetings, where the evaluator provides recommendations and both parties have the opportunity to seek clarification.

Completion of this process typically occurs within sixty days, with potential outcomes being settlement or notification to the court of unresolved issues.

Outcomes of the FENE Process

If a resolution is reached: Attorneys will collaborate with the evaluator and the court to draft and enforce the necessary agreements.

If no resolution is reached: The case moves back to the assigned judge, who will set timelines for discovery and commence pretrial and trial preparations.