Legal Question in Family Law in Minnesota

My husband & I are seeking a divorce. Our children are 18 & 16. My husband has said he will not ask for the house I live in. I paid the down payment and he lived in it for 4 mths before moving out. The children live mostly w/ me. We are in agreement w/ where the children spend holidays etc. The 18 yr old will be in college this fall. We (& the children) are in agreement w/ the living arrangement. He sees them 5 days a week. The16 yr old stay w/ him whenever she wants to. We will seek joint legal and physical custody. As such, we want to divorce without hiring an attorney so as not to incur any debts. How can we do that? We don't have any assets and savings.


Asked on 4/29/10, 7:51 am

2 Answers from Attorneys

Amir Vafaei MinCal Consumer Law Group

It seems as though you and your husbands are willing to have an amicable divorce without any challenges to how your assets,etc. are divided. In that case, you can go to the self help center of your court house and ask for 'Dissolution of Marriage' forms. If your court house doesn't have a self help center, you can ask for the forms from the clerk of the court. You can fill the forms and I believe the court requires that you have people at the self help center review your form to make sure every thing is done properly. Once your forms are approved, you can file your papers with the court, and pay the filing fee.

Since you do have a minor child, the arrangement has to be to the satisfaction of the court with regard to the welfare of the child, ie. child support, etc. If you and your husband have agreed that no child support is needed, then the income of the household would have to support this arrangement. This is mainly to avoid the child becoming a burden on the state after your divorce. They also would review your filings to make sure the division of assets and responsibilities are not unfair, other than that, the court usually does not care which assets go to which party, as long as the parties are in agreement.

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Answered on 5/04/10, 8:48 am
Maury Beaulier612.240.8005 Minnesota Lawyers

The divorce process has become increasingly complicated. That is particularly true when children are involved. There are a great number of land mines out there that those seeking to compltete their own divorce step on resulting in greater costs later when errors must be fixed, if, in fact, they are even repairable. Accordingly, it is usually better to have your divorce papers reviewed and completed by a divorce lawyer. In the end, it often saves money. Often, such unbundled services can be provided for $1000 or less.

For a consultation call 612.240.8005 or visit divorceprofessionals.com

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Answered on 5/04/10, 11:16 am


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