Frequently Asked Questions FAQ

• I want to keep our divorce out of court. Can I do this?

  • No.  If you want a legally binding and enforceable divorce agreement, it is always required that the Court be involved and approve and sign off on any written agreement of the parties.

 

• Can my child decide which parent to live with after reaching a certain age?

  • No.  In Minnesota, children can NEVER have the exclusive decision ability on which parent they will live with, that is the Court’s decision.

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• My ex did not pay me the lump sum cash amount I was awarded in the terms of my divorce decree. Now what?

  • What your next move is depends on what is stated in the terms of your decree in the event of nonpayment.  Is there a maqrital lien in your favor in the decree?  You are limited to debtor-creditor remedies if the decree fails to secure the award or otherwise does not5 address in the event of nonpayment. 

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• What type of documents do I need to provide to my divorce lawyer ?

  • We can commence your divorce even if you don't have access to any documents, but you will eventually need to provide the following which your attorney is going to use to provide copies to the court and to the opposing party:   

    • Paystubs itemized showing gross, deductions and net pay and year to date pay;

    • Last three years of income tax returns and W2s;

    • Most recent pension statements showing total present value and same with investment accounts;

    • Debts most recent statements showing total outstanding balance owed;

    • Real estate and Mortgage documents showing present value and total amount owed;

    • Itemized list of year make and model of all motor and recreational vehicles including boats, four wheelers & campers; 

    • itemized list of your monthly living expenses and amounts paid each month 

    • These are just some necessary documentation there may be more.

 

• What NOT TO DO during my custody or divorce case:​  The following are some of the things a person involved in a custody or divorce case should not do as it may reflect adversely on your case:

 

 

1. DO NOT REPRESENT YOURSELF!   If there is one piece of advice I have it is get legal advice from your own separate attorney immediately at the start of the case and certainly do not agree to anything until you sought legal advice.  I see many situations where a person was trying to save money and thought they had an agreement and started representing themselves, signing off on binding mediation agreements only to find out the terms actually had negative implications for them, and they come to the attorney with this legal "mess" they have created by trying to represent themselves.  Your actions and agreements will be binding, and the worse cases are those where the client wants the attorney to "undo" the harm they caused to themself.

2. DON'T start posting public social media comments regarding the case that involves you and your child and the other parent while the case is pending in court for final decision (The issues in a divorce or custody case are deeply personal and it will reflect poorly on you if you go on social media and complain how the court wasn't fair or start disparaging the other parent.  Family court cases are deeply personal and should remain between you and your attorney only while pending, going on a social media rant makes you appear immature and unable to control your emotions.  Not to mention social media posts and text messages can and will be used against you by the other party in the court case itself. )​

3. DON'T start liquidating assets or transferring names off of titles or changing beneficiaries on health or life insurance during the case.  (Once the Summons has been served on a party, it commences the case and selling, transferring, encumbering any assets during the case without the PRIOR consent will subject you to sanctions by the court.)

4. DON'T LISTEN TO WHAT THE OTHER PARTY MAY BE TELLING YOU.   Anything you need to know or hear about pertaining to your best interests in your case you will hear from your own attorney... NOT the opposing party.

5. DON'T USE OR CONSUME DRUGS OR ALCOHOL DURING A CUSTODY CASE.  Nothing good can come of it and it will be used against you.

6. DON'T listen to well meaning friends and family regarding what terms you should settle for, while they may mean well, your attorney will explain your options and legal ramifications that is what you hire an attorney for.

 

FAMILY COURT ORDERS ARE NOT EASILY MODIFIED!     Don’t do it yourself.  Your finances, your children, your assets…. Our Expertise and Experience.  Call Family Law Attorney Mary Johnson, Divorce Lawyer at Johnson Law Firm, P.A. in Virginia MN 55792. Call Now 218-741-8517.   33 Years practicing exclusively Divorce & Family Law.