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Divorce without Children Interview Guide

Use this interview guide for clients seeking a divorce without children. Remember that this interview guide 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. Gather the basic information

    2. 1. Gather the basic information

    What is your name? Have you had any former names?

    What is your date of birth?

    What address would you like to include for purposes of service of process?

    What is the other party’s name? Did s/he have any former names?

    What is his/her date of birth?

    What address should be included for purposes of service of process on him/her?

    What are the names and address of the attorneys involved?

    What is your date of marriage?

    Have you or the other party resided in Minnesota for 180 immediately preceding commencement of the proceeding?

    One of the parties must have resided in the state for 180 days immediately preceding commencement.

    Yes No

    Has there been service of the lawsuit? If so, how?

    Are there any other cases regarding the divorce or legal separation anywhere?

    Has the marriage relationship irretrievably broken down?

    Yes No

    Is either party in the military? If someone is, has the Servicemembers Civil Relief Act (SCRA) been satisfied?

  2. Spousal maintenance

    3. 2. Spousal maintenance

    Do you want spousal maintenance?

    Yes No

    Does the other party want spousal maintenance?

    Yes No

    What is your income?

    What is the other party’s income?

    Which party needs support from the other party?

    Are there enough assets for the party seeking maintenance to support him/herself?

    Yes No

    Can the party seeking maintenance get education and/or training to be self-supporting? If so, how long will that take?

    What was the standard of living during the marriage?

    What is the current standard of living of the party seeking maintenance?

    How long was the marriage?

    If either party was a homemaker, how long was that party away from the formal workforce?

    Did the party seeking maintenance lose any employment opportunities?

    Yes No

    How old is each party?

    Does either party have health issues?

    Yes No

    What are the reasonable monthly expenses of each party?

    Are there any expenses that are unreasonable or excessive?

    Yes No

    What was each party’s contribution to the value of the marital property, including the work of a homemaker?

  3. Life insurance

    4. 3. Life insurance

    Do you have life insurance?

    Yes No

    Does the other party have life insurance?

    Yes No

    Does the policy have a cash value?

    Yes No

    Who is the beneficiary?

  4. Medical insurance for spouse

    5. 4. Medical insurance for spouse

    What health insurance do you have?

    What health insurance does the other party have?

  5. Homestead

    6. 5. Homestead

    What is the fair market value of the home?

    How much money, if any, do you owe on the home?

    Whose name is the mortgage, if any, in?

    Who is living there?

    Who is paying the expenses?

    What would you like to do with the home?

  6. Other real estate

    7. 6. Other real estate

    If the client has other real estate, see the “Homestead” questions.

  7. Household goods and furniture

    8. 7. Household goods and furniture

    Does the other party have anything that you want?

    Do you have anything that the other party wants?

  8. Bank accounts

    9. 8. Bank accounts

    Complete the below questions for each sole and joint bank account.

    What institution is the bank account with?

    What are the last 4 digits of the account number?

    What type of account is it?

    How much money is in the account?

    Is it a joint or sole account?

  9. Retirement interests

    10. 9. Retirement interests

    Complete the below questions for each retirement.

    What type of account is it (e.g., pension, IRA, 401(k), etc.)?

    What is the value of the account?

    Does the account have any debt?

    Yes No

    Which person(s) are named as having an interest in the account?

    Are there survivor benefits?

    Yes No

  10. Investments

    11. 10. Investments

    Complete the below questions for each investment.

    What is the investment?

    Provide all identifying information.

    What is the value of the investment

  11. Business interests

    12. 11. Business interests

    Complete the below questions for each business interest.

    What is the business interest?

    What is the value of the business interest?

    Calculate by subtracting liabilities from assets.

    What is the average monthly income from the business?

    What type of business is it?

    Is one of the parties more active or are the parties equally active?

  12. Automobiles

    13. 12. Automobiles

    Complete the below questions for each automobile.

    What is the identifying information of the automobile?

    For example, the make, model, year and VIN of the automobile.

    What is the value of the automobile?

    Is there any money owing on the automobile?

    Who is in possession of the automobile?

  13. Other personal property

    14. 13. Other personal property

    Are there any recreational vehicles?

    Yes No

    Is there any farm equipment?

    Yes No

    Is there other property owned by either party?

    Yes No

  14. Nonmarital property and debt

    15. 14. Nonmarital property and debt

    Was any property owned prior to the marriage?

    Yes No

    Was any property a gift or inheritance during the marriage to just one party? If so, what evidence supports this?

  15. Debts

    16. 15. Debts

    Complete the below questions for each debt.

    What is the present value of the debt?

    What was the value of the debt at time of separation?

    Who is/are the named debtor(s)?

    What is the purpose of the debt?

    What was each party’s involvement in incurring the debt?

    What was each party’s benefit from the debt?

    Is one or both of the parties making payments on the debt right now?

  16. Name change

    17. 16. Name change

    Do you want to change your name?

    Yes No

    What do you want to change your name to?

    Do you have any felonies on your record?

    Yes No

    Are you trying to evade creditors or law enforcement?

    Yes No