Advanced Family Law 2018: How to Manage Cutting-Edge Issues in Divorce Litigation

Originally presented:  November 16, 2018     |     Course length:  3.0 hours

An Update on Spousal Maintenance and Antenuptial Litigation Trends Statewide  (75 MINUTES)
A panel of experienced family lawyers from around the state will reflect on recent case law, including Curtis v. Curtis and Kremer v. Kremer, and share their insights about current spousal maintenance and antenuptial litigation trends. You will learn whether there are regional differences in how courts are interpreting these issues and how to best position your case for success. Discussion topics will include:

• How will “consideration,” “procedural fairness” and “full disclosure” be defined by the courts in antenuptial litigation?
• How should lawyers address investment returns and retirement in spousal maintenance analysis?
  
• Should lawyers retain financial experts for antenuptial planning?
  
• What legislative changes may be proposed to address the lack of certainty in both areas?
  

– Jill I. Frieders; O’Brien & Wolf LLP; Rochester
– Cheryl M. Prince; Hanft Fride; Duluth
– Sara J. Runchey; Runchey, Louwagie & Wellman, P.L.L.P.; Marshall
– Lisa T. Spencer; Henson & Efron, P.A.; Minneapolis
– Gary A. Debele; Messerli & Kramer, P.A.; Minneapolis (moderator)

Understanding and Using ACES Evidence in Custody Cases  (60 MINUTES)
A licensed psychologist and an experienced family lawyer will tackle the following questions about ACES (adverse childhood experiences) evidence:

• What is the definition of an adverse childhood experience?
• What is the impact of ACES on children and adults?
• How can ACES evidence be best used in ADR and litigation?
• What is the proper role of the expert in custody cases involving ACES evidence?
  

– Mindy F. Mitnick; Uptown Mental Health Center; Minneapolis
– Thomas W. Tuft; Tuft, Lach, Jerabek & O’Connell, PLLC; Maplewood
– Gary A. Debele (moderator)

What Is the Proper Role of the Financial Expert in Divorce Litigation?  (45 MINUTES)
A forensic accountant and an experienced family lawyer share tips for maximizing the value of a financial expert at various stages of the case, including:

• preliminary analysis of financial issues before the petition is filed
• in the discovery phase
  
• during the ADR phase (FENE, mediation, MSC)
  
• at trial
  
• post-trial
  

They will also discuss:

• how the role of a financial expert different when hired as a “neutral”
  
• the limits of the attorney-client privilege and the work product doctrine
  
• the improper use of financial experts
  
• the use of “shadow experts”
  

– Thomas W. Harjes; Baker Tilly Virchow Krause, LLP; Minneapolis
– James J. Vedder; Moss & Barnett, A Professional Association; Minneapolis