1. Basic information
Gather the basic information about the parties.
2. Minor child(ren)
Gather information about any minor children.
3. Adult dependent child(ren)
Gather information about any adult dependent children.
4. Proper jurisdiction
Verify that Minnesota is the proper jurisdiction to determine the care, custody, and control of child(ren).
5. Minor children under other jurisdictions
Determine whether any minor child(ren) are under other jurisdictions.
6. Previous child support orders
If a child support order exists, determine the file number.
7. Pregnancy of a party
If a party is pregnant, complete this section.
8. Past domestic abuse
If there has been past domestic abuse, gather the following information.
9. Method of communication
Determine how the parties will communicate about the child(ren).
10. Legal custody
Determine legal custody arrangement.
11. Physical custody
Determine physical custody arrangement.
12. Parenting time – supervision desired
Complete this section if supervision is desired.
13. Parenting time – regular schedule
Determine the regular parenting time schedule.
14. Parenting time – holiday schedule
Determine the holiday parenting time schedule.
15. Parenting time – other scheduling issues
Determine other parenting time scheduling issues.
16. Parenting time – possible conditions
Determine whether the below parenting time conditions are appropriate.
17. Parenting time – exchanges
Determine how parenting time exchanges will be made.
18. Parenting time – telephone contact
Determine conditions on telephone contact during parenting time.
19. Parenting time – miscellaneous
Determine other parenting time issues.
20. Child support – parties’ gross incomes
Determine the parties' gross income for purposes of child support.
21. Child support – spousal maintenance
Determine spousal support for obligations for purposes of calculating child support.
22. Child support – child(ren)’s public assistance
Determine public assistance received by any children for purposes of calculating child support.
23. Child Support – non-joint minor child(ren)
Determine how any non-joint child(ren) will impact child support calculations.
24. Child support – medical and dental coverage
Determine medical and dental coverage costs for purposes of calculating child support.
25. Child support – child care
Determine child care costs for purposes of calculating child support.
26. Child support – Minnesota Child Support Calculator guideline
Click below to use the Minnesota Child Support Calculator to calculate child support guidelines
27. Child support – other considerations
Determine whether other child support provisions are necessary.
28. Child support – parties’ public assistance
Determine how the parties' public assistance benefits might impact child support. Click the below link to access the Child Support and Public Assistance section (p. 24 of the pdf) of the Child Support Basics booklet.
29. Income tax dependency exemption
Determine how child(ren) will be claimed on parties' taxes.
30. Custody arrangement is in best interest of child(ren)
Verify that the custody arrangement is in the best interest of the child(ren) and include a statement to this effect.
31. Spousal maintenance
If one party will pay spousal maintenance to the other party, complete this section.
32. No spousal maintenance
Complete this section if there will not be spousal maintenance.
33. Life insurance – present value used
Complete this section if the present value of any life insurance policies will be used.
34. Life insurance – beneficiary designation
Complete this section for the beneficiary designation of any life insurance policies.
35. Medical insurance
Determine medical insurance obligations.
36. Homestead – equity
Determine how homestead equity will be handled.
37. Homestead – permanent possession
If one party will gain possession of the homestead, complete this section.
38. Homestead – temporary possession
Complete this section if possession of the homestead will be temporary.
39. Homestead – other possession options
Complete this section for homestead possession options other than temporary or permanent.
40. Homestead – sale
Complete this section if the homestead will be sold.
41. Homestead – refinancing
Complete this section if the homestead will be refinanced.
42. Homestead – foreclosure
Complete this section if the homestead is in foreclosure.
43. Homestead – cost obligations
Determine how costs associated with the homestead will be split.
44. Other real estate
If parties own other real estate, complete the sections related to homestead for the other real estate.
45. Household goods and furniture
Determine how household goods and furniture will be divided.
46. Bank accounts
Determine how parties' bank accounts will be divided.
47. Retirement interests
Determine how any retirement interests will be divided.
Determine how any investments will be divided.
49. Business interests
Determine how any business interests will be divided.
Determine how any automobiles will be divided.
51. Nonmarital property and debt
Determine how nonmarital property and debt will be handled.
Determine how any debts will be handled.
53. Equalization payment
Determine the terms of any equalization payment.
54. Attorney fees
Determine how attorney fees will be handled.
55. Name change
Complete this section if a party desires a name change.
56. Courtroom questions – “proving up” the petition
Elicit the following information in the courtroom to prove up the petition.
57. Courtroom questions – approving of the agreement
Elicit the following information in the courtroom to show that the parties agree to the terms.
58. Courtroom questions – state of mind
Elicit the following information in the courtroom to show the client's state of mind.
59. Courtroom questions – waiver of spousal maintenance or right to modify
Elicit the following information if the right to have or modify spousal maintenance has been waived.
60. Courtroom questions – name change
Elicit the following information if a spouse will change his/her name.