In all of the states we practice in, both equitable distribution states and community property states, the parties are encouraged to actively participate in, and come to agreement on, the fair division of their marital assets and liabilities. But unless you and your spouse are experts in the financial matters pertaining to divorce, this can be a dangerous path to walk.
Minneapolis family law attorney Geri Napuck delievers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.
Under both Minnesota law, [1] and federal law, [2] as long as you yourself are a party to the conversation, it is lawful for you to record that conversation, even secretly. Furthermore, such recordings happen often enough in family practice that you are wise to assume that any telephone conversation with your spouse is in fact being recorded, and to temper your speech accordingly — i.e., no anger, name-calling, or spiteful speech of any kind.
The petition itself typically follows a simple format, which is not designed to argue your case in detail, but rather only provides "notice" to the other side of the very basic facts ultimately necessary for the court to decide the case. The petition will list the two party's names, addresses and ages. It will identify the names and ages of the party's children, if any, together with a general allegation of what “custody” or "parenting time” arrangement the petitioner believes to be in the best interest of the children. In Minnesota, over the years the family law bar has come up with innumerable labels and terms for "child custody”/”parenting time". It will identify to the best of the petitioner's knowledge the parties "real property" (land and building) ownership, including the homestead, and any vacation or investment real property the parties have. It will identify to the best of the petitioner's knowledge the party's other assets and liabilities.
The number of times you go to court and see a Judge or Referee depends on local court procedures and whether you and your spouse can agree on issues regarding your children, property and other matters. If you do NOT agree, the case usually takes longer to finish. It is a good idea to get legal advice before finalizing an agreement with your spouse.
×