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Divorce without Children Settlement Checklist

Use this checklist to guide you through a divorce settlement when the parties do not have any children. Remember that this settlement checklist is intended to cover the topics most likely to be at issue for your client, but may not cover every situation.

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  1. Basic information

    2. 1. Basic information

    Gather basic information about the parties.

    Petitioner name, any former names, DOB, and address at which s/he desires service

    Respondent name, any former names, DOB, and address at which s/he desires service

    Names and address of any attorneys

    Date of marriage

    At least one party has resided in Minnesota for 180 days immediately preceding commencement of the proceeding

    Yes No

    Service was proper

    Yes No

    There are no other cases regarding divorce or legal separating anywhere

    Yes No

    Irretrievable breakdown of the marriage relationship

    Yes No

    Neither party is in the military, or if either is, the Servicemembers Civil Relief Act (SCRA) has been satisfied

    Yes No

  2. Spousal maintenance

    3. 2. Spousal maintenance

    If one party will pay spousal maintenance to the other party, complete this section.

    Income of petitioner

    Income of respondent

    Who needs support from whom

    Amount of spousal maintenance

    Duration of spousal maintenance

    Other consideration supporting spousal maintenance

    Security for maintenance (e.g., life insurance policy paybable to obligee)

    Mechanics of payment—directly to a person, a bank account, county collections office, automatic paycheck withholding, etc.

  3. No spousal maintenance

    4. 3. No spousal maintenance

    Complete this section if there will not be spousal maintenance.

    Both are capable of self-support

    Yes No

    Understand they have right to seek spousal maintenance

    Yes No

    Agree they do not want it

    Yes No

    Permanent waiver or reservation of rights

    Yes No

  4. Life insurance – present value used

    5. 4. Life insurance – present value used

    Complete this section if the present value of any life insurance policies will be used.

    Determine whether value included in final property settlement

  5. Life insurance – beneficiary designation

    6. 5. Life insurance – beneficiary designation

    Complete this section for the beneficiary designation of any life insurance policies.

    Death benefit goes to ex-spouse or children after divorce

    Yes No

    Insured may select a beneficiary of their choice after divorce

    Yes No

  6. Medical insurance for spouse

    7. 6. Medical insurance for spouse

    Determine medical insurance obligations.

    Each party pays for their own insurance

    Yes No

    One party provides health insurance for the other, and if so, the terms

  7. Homestead – equity

    8. 7. Homestead – equity

    Determine how homestead equity will be handled.

    Calculate equity (generally, value minus liabilities, but parties may agree upon another number)

    Determine whether one party pays the other

    Determine amount of equity paid

    Determine when equity is paid

    Determine security for equity (e.g. marital lien)

    Determine consequences of failure to pay (e.g. sale, enforcement of marital lien)

    Determine how to handle negative equity

  8. Homestead – permanent possession

    9. 8. Homestead – permanent possession

    If one party will gain possession of the homestead, complete this section.

    Designate type of deed

  9. Homestead – temporary possession

    10. 9. Homestead – temporary possession

    Complete this section if possession of the homestead will be temporary.

    Possession ends upon sale

    Yes No

    Possession ends upon majority of children

    Yes No

    Possession ends upon set time

    Yes No

    Possession ends upon death

    Yes No

    Possession ends upon delinquent payments

    Yes No

  10. Homestead – other possession options

    11. 10. Homestead – other possession options

    Complete this section for homestead possession options other than temporary or permanent.

    Continued joint ownership

    Yes No

    Agreed third party occupancy

  11. Homestead – sale

    12. 11. Homestead – sale

    Price and use of realtor

    Determine if proceeds used to pay expenses of sale, such as realtor, closing costs, etc.

    Determine if proceeds used to pay off liens and mortgages

    Determine if proceeds used to pay off other debts

    Determine if occupant will use proceeds as credit for principal payments, maintenance expenses, or other obligations

    Determine if proceeds used as a final equalization payment

    Yes No

  12. Homestead – refinancing

    13. 12. Homestead – refinancing

    Complete this section if the homestead will be refinanced.

    Timing

    Consequences of inability to refinance: sale of property, non-possessor option to take over possession and obligations, or no penalty if payments remain current

  13. Homestead – foreclosure

    14. 13. Homestead – foreclosure

    Complete this section if the homestead is in foreclosure.

    Work together to save

    Yes No

    Work together to sell

    Yes No

    Short sale

    Yes No

    Deed in lieu of foreclosure

    Yes No

  14. Homestead – cost obligations

    15. 14. Homestead – cost obligations

    Determine how costs associated with the homestead will be split.

    Mortgage

    Maintenance

    Taxes

  15. Other real estate

    16. 15. Other real estate

    If parties own other real estate, complete the sections related to homestead for the other real estate.

  16. Household goods and furniture

    17. 16. Household goods and furniture

    Determine how household goods and furniture will be divided.

    Each person gets what is in their own possession

    Yes No

    Exceptions for party awarded to a party that is in the possession of the other party

    Yes No

  17. Bank accounts

    18. 17. Bank accounts

    Determine how parties' bank accounts will be divided.

    Identify the institution, last 4 digits of account number, type of account, and amount in account

    Determine how to divide

    Determine how to handle any joint accounts

  18. Retirement interests

    19. 18. Retirement interests

    Determine how any retirement interests will be divided.

    Identify any pensions, IRAs, 401(k)s, etc. by value, person named with an interest, and whether there are survivor benefits

    Determine how to divide

    Determine whether a Qualified Domestic Relations Order (QDRO) or other special process is required, and if so, who will draft it

  19. Investments

    20. 19. Investments

    Determine how any investments will be divided.

    Identify

    Determine how to divide

  20. Business interests

    21. 20. Business interests

    Determine how any business interests will be divided.

    Establish value (assets minus liabilities)

    If interest(s) will be divided via payout, determine time in which to be paid

    If interest(s) will be divided via installment payments, determine the details

    If interest(s) will be divided via sale, determine how to split the proceeds

    Apply the amount(s) to the balance sheet in final property settlement

  21. Automobiles

    22. 21. Automobiles

    Determine how any automobiles will be divided.

    Identify vehicles, including value and debt, if any

    Determine how to divide

  22. Nonmarital property and debt

    23. 22. Nonmarital property and debt

    Determine how nonmarital property and debt will be handled.

    State all non-marital property and debt, if relevant to final property settlement or property division

    If a portion of an item is nonmarital, state a number representing the non-marital value

  23. Debts

    24. 23. Debts

    Determine how any debts will be handled.

    List of debts, identifying present value, value at time of separation, and named debtor(s)

    Determine who is responsible for payment(s)

    Determine the timeline in which debt(s) must be paid

    Determine what happens if debts are not paid in time

  24. Equalization payment

    25. 24. Equalization payment

    Determine the terms of any equalization payment.

    Value and division of assets and debts

    Payments made by either party during separation

    Other considerations

  25. Attorney fees

    26. 25. Attorney fees

    Determine how attorney fees will be handled.

    One party pays a specified amount to the other party

    Yes No

    Both parties responsible for their own attorney fees

    Yes No

  26. Name change

    27. 26. Name change

    Complete this section if a party desires a name change.

    Designate new name

    If the person seeking name change has a felony record, give proper notice to county in which felony was prosecuted

  27. Courtroom questions – “proving up” the petition

    28. 27. Courtroom questions – “proving up” the petition

    Elicit the following information in the courtroom to prove up the petition.

    Petitioner name, any former names, DOB, and address at which s/he desires service

    Respondent name, any former names, DOB, and address at which s/he desires service

    Names and address of any attorneys

    Date of marriage

    At least one party has resided in Minnesota for 180 immediately preceding commencement of the proceeding

    Service was proper

    Irretrievable breakdown of the marriage relationship

    Nobody is in the military, or if somebody is, SCRA has been satisfied

    There are no other cases regarding divorce or legal separating anywhere

  28. Courtroom questions – approving of the agreement

    29. 28. Courtroom questions – approving of the agreement

    Elicit the following information in the courtroom to show that the parties agree to the terms.

    Client feels it is just and equitable under the circumstances

    Heard agreement read into the record

    It is client’s agreement

    Understands agreement

  29. Courtroom questions – state of mind

    30. 29. Courtroom questions – state of mind

    Elicit the following information in the courtroom to show the client's state of mind.

    Client is able to make important court decisions today

    Client has not taken anything that makes him/her unable to make important court decisions today

    Client was not threatened or manipulated into entering agreement

  30. Courtroom questions – waiver of spousal maintenance or right to modify

    31. 30. 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.

    Understands has right to seek spousal maintenance

    Understands what spousal maintenance is

    Understands that typically people have a right to seek maintenance

    Understands that typically people have a right to seek modification of maintenance in the future under the right conditions

    Agrees s/he does not want it/want to modify it

    Understands this waiver is permanent and cannot be changed

  31. Courtroom questions – name change

    32. 31. Courtroom questions – name change

    Elicit the following information if a spouse will change his/her name.

    Name change is part of the divorce

    Not trying to defraud or mislead anybody

    No felonies or if a felony record, proper notice was provided to county in which the felony was prosecuted