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Divorce can be a complicated process. In order to expedite the process, and to ensure your attorney has all the information necessary to provide you with the best possible counsel, you should anticipate providing your attorney with the following:
- A copy of any prenuptial agreement, if applicable;
- A copy of any police reports/court orders taken in response to abuse, if applicable;
- Financial information, including: copies of pay stubs for both you and your spouse, bank account balances, investments with values, current debts, and anticipated monthly expenditures;
- Health insurance information, including monthly out-of-pocket premiums;
- Child care information, including monthly cost;
- Life insurance information for both you and your spouse;
- Real Property information, including: residence addresses, mortgage balance, and fair market value;
- Automobile information, including loan balance and monthly premium, if applicable;
- Copy of tax returns from the last three years (including business, if applicable); and
- Deed of Certificate with Legal Description of your Real Property.
In addition, you should begin considering what your ideal divorce decree will look like. If you have children, what type of custody do you desire? Do you have a parenting time schedule in mind? Want assets do you most want to keep? Do you want to ask for spousal support?
By taking the time to gather this information and provide it to your attorney, she will be able to understand your situation thoroughly and advise you of the best options available. And, do not worry; if you do not know all the answers to the above questions, your attorney will be able to assist you in determining which may be in your best interests depending on your current situation and goals for the future. |
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In Minnesota, there are two types of child custody: “physical” and “legal.” “Physical” custody refers to where the child resides on a day-to-day basis, and the day-to-day decisions on care that go along with that. “Legal” custody refers to the right to make decisions regarding the child’s educational and religious upbringing, along with decisions on healthcare.
When determining custody, parents may either have “sole” custody or “joint” custody. Under “joint” custody, the parents share the responsibilities. Both “physical” and “legal” custody will be determined on a “sole” or “joint” basis, and they may be mixed in a variety of ways. One parent may have “sole” physical custody while both parents retain “joint” legal custody. Also, if there are two or more children in the family, custody arrangements may vary for each child.
When deciding issues on child custody, the court rules based on what will be in the “best interests” of the child. The “best interests” of the child are decided based on a number of factors. A qualified Minnesota family law attorney can explain these factors to you, and will assist you in representing your wishes in court. |
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