Most people don’t walk into a divorce lawyer’s office with a clear head. Legal rights might not be on the forefront of your mind when you’re thinking about your kids, your home, and your uncertain future. It can feel like everything’s at risk. That first meeting matters. You don’t need to have all the answers, but it’s your chance to start making sense of what happens next.
What Gets Decided in a Divorce
Dividing what you own and what you owe is part of every divorce. Minnesota uses equitable distribution, which means the court aims for a fair split, not necessarily an equal one. This includes homes, cars, retirement accounts, and credit card debt. If it was acquired during the marriage, it’s usually considered marital property, no matter whose name is on it.
Spousal maintenance (often called alimony) is considered when one spouse earns significantly more than the other. It can be temporary or long-term, depending on the length of the marriage, each person’s income, and their ability to support themselves after the divorce.
Custody, Parenting Time, and Child Support
If children are involved, custody is a major focus. Minnesota courts look at both legal custody (who makes decisions about education, healthcare, religion) and physical custody (where the child lives). Joint legal custody is common unless there’s evidence that one parent isn’t fit.
Parenting time refers to the actual schedule. Typically, the non-custodial parent receives at least 25% of the time, but the court has flexibility if the child’s well-being requires a different setup.
Child support is calculated based on both parents’ incomes and how much time the child spends with each parent. The formula also takes into account medical and childcare costs.
How to Prepare for Your First Appointment
You don’t need to walk in with every piece of paper sorted, but the more organized you are, the more productive that first meeting will be. Bring recent pay stubs, tax returns, bank and retirement account statements, real estate documents, and debt information. If you have a prenuptial or postnuptial agreement, include that too. A basic monthly budget is helpful for discussing spousal maintenance.
If you have children, bring details about school schedules, childcare expenses, health insurance, and any current custody arrangements. If there are safety concerns, especially involving domestic violence, bring that up immediately.
Spend a few minutes thinking through your goals. What do you hope custody looks like? Are you aiming for a fair split of property, or is there a specific asset you want to keep? Do you think your ex-spouse will cooperate or resist?
Questions to Ask the Lawyer
Your lawyer is there to guide and advocate for you, but they also work for you. Ask about billing, what’s the hourly rate, and what’s the retainer? Find out their approach: Do they prefer to negotiate or push for trial when needed? And ask about communication. You deserve to know how updates will come and when.
Clarity now saves time and money later. It also builds trust—and you’ll need that.
Melchert Hubert Sjodin, PLLP, offers practical support and legal clarity for Minnesotans starting the divorce process. Call (952) 442-7700 to schedule a consultation.
