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How Do I Prepare for Imminent Divorce in Minnesota?

If divorce appears imminent, there are a few things that one should consider doing to prepare (ideally after consulting an attorney):

  • Take your half of funds from joint bank accounts and transfer it to separate accounts in your name only, before your spouse takes ALL of it. (I say half, but a fair amount to transfer could be more or less than that depending on the circumstances).
  • Close joint credit card accounts, before your spouse racks up more debt in your name. (An exception would be where you yourself need to rely on the credit card for upcoming expenses).
  • Find a source of funding for attorney’s fees, whether from savings, credit cards, or family members.
  • Make copies of important documents which identify all of the assets, debts, and income of both parties, and put these somewhere where your spouse does not have access to them.
  • Needless to say, if the divorce is imminent, it makes sense to retain an attorney as soon as possible - even before you are served - so that you can proceed with proper guidance during the early critical stages of the divorce process.
  • If there is a chance your spouse may seek an Order for Protection or Harassment Restraining Order against you - whether legitimately or fraudulently - it is important to have a plan in case you are suddenly served with one and are barred from your home, with no court hearing set for two weeks. If that happens, do you have a place to stay? Cash and important documents? A spare change of clothing?

* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.


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When custody is in dispute, a Minnesota court issues a custody order that is in the "best interests of the child." Joint custody will only be awarded if parents have shown the court that they are willing and able to cooperate. A court also examines several factors with the child's welfare in mind. They include (1) the child's preference, (2) each parent's health, (3) the child's health and whether any special needs exist, (4) each parent's relationship with the child, (5) which parent has been the child's primary caretaker, (6) each parent's ability to provide a stable environment for the child, (7) any history of domestic violence or child abuse and (8) any allegations of abuse.
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"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law