When considering whether you are going to hire or at least consult a lawyer about your family law case, consider a few of the things that you don't know that can hurt you in the future, including future litigation because you and your spouse did not address an important ongoing issue:
1. If the divorce decree is silent about claiming the children as dependency exemptions on tax returns, or if you have joint physical custody, who claims them?
2. If you owned the house or a significant portion of a retirement plan before the marriage, are you entitled to more than 50%? What is the Schmitz formula in Minnesota ?
3. If you are covered on your spouse's health insurance, are you automatically covered after the divorce?
4. You inherited property or were individually given a large gift prior to or during the marriage. Are you entitled to all of it, including any appreciation in value?
5. Is it important to have a specific parenting plan or visitation schedule, or should flexibility be built into the decree?
6. Is domestic violence relevant to the issue of legal custody?
7. How do we divide our retirement plans?
8. My spouse wants to move out of state with the children? Is that allowed?
9. Can we file a joint tax return if we are divorced before December 31 of the tax year?
10. If one party is awarded the house, does the other remain liable for the mortgage loan if it is delinquent?
11. How does bankruptcy filing by one part affect a pending divorce?
12. Can the court require us to go to mediation?
...and there are many more important issues than that.
Keep in mind, the judge cannot answer these questions for you, except #12 (the answer is generally "yes.")
The judge cannot ethically give you legal advice.
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