The Mn Criminal Defense, Personal Injury & Family Law Blog
4 Things about Your Case Your Minnesota Divorce Lawyer Should Know
December 5, 2020
When getting a divorce, most people go through extreme emotional and financial stress that puts them in a defensive mode. As a result, they tend to be selective about what they disclose to their divorce attorney.
In most cases, lawyers are complete strangers, making it even more difficult for you to disclose sensitive personal and financial details that could play a critical role in your legal separation.
However, even the most skilled and experienced divorce lawyer in Minnesota can’t help you, if you keep secretsor withhold vital information from them. This strategy can quickly backfire, causing more harm than good to your divorce. It is always in your best interest to share all the required details with your attorney and the sooner you do it, the better.
Here are a few critical things you must share with your divorce attorney.
1. Assets and Debts
Perhaps the most complicated process involved in a divorce is the evaluation and division of your assets and debts at the time of getting a divorce. Minnesota uses the equitable distribution concept for dividing all marital property. Your attorney, however, will need to understand what assets and debts you have that are involved in the proceedings.
Hiding any assets from your lawyer is a bad idea. If your spouse has hired an experienced divorce lawyer in Minnesota, they will most probably discover all your finances, assets, and investments during the discovery phase. Hiding assets is illegal, and if the other party discovers that you lied about your assets, it will land you in hot water. Depending on your case, it may turn the proceedings against you.
Hiding debts can also affect your case. For example, if you decide to file for bankruptcy during your divorce, it can put your proceedings on hold until the process of bankruptcy is complete. If you plan to apply for bankruptcy or restructure your debt, make sure to keep your lawyer in the loop. There is no need to feel embarrassed or guilty about sharing your debt-related information.
2.Mental Health Issues
Another important thing you need to discuss is your mental health. While many physical medical conditions, such as disabilities, are evident, mental health is a different story altogether. Many people feel embarrassed to share details of a mental breakdown or a psychiatric treatment.
Remember, if you are taking the right treatment, your mental health issues may not have a significant impact on your case. However, if you stop taking your medication or cancel your appointments to hide your mental health issues, it can not only jeopardize your case, but also put your kids’ lives in danger.
If you are struggling with mental health issues, your attorney needs to know. In fact, most seasoned Minnesota divorce lawyers will ask you to discuss your mental wellbeing in the first consultation itself. Mental health and substance abuse are critical for determining child custody.
Furthermore, your spouse’s lawyers will most likely dig out your mental health history during the discovery phase. Your spouse will also tell them about it if they know what you are suffering from. That’s why make sure to talk about it with your lawyer as soon as possible. Knowing what you went through and why you went through it can help your attorney strengthen your case.
3.Your Criminal and Substance Abuse History
Just like your mental health, your lawyer also needs to know about your substance abuse history and criminal records, if any. Even the most experienced divorce lawyer in Minnesota will not be prepared to deal with last-minute evidence of substance abuse or criminal charges against their clients.
Your spouse’s attorney will most probably use your history with substance abuse or criminal activity against you. That’s why your lawyer needs to be prepared well in advance. If you have any information that could damage your proceedings, you need to talk about it in detail with your attorney. In other words, even if it’s a simple DUI charge, make sure your lawyer knows about it before it gets out during the discovery or trial.
4. Prenuptial or Postnuptial Agreements
Your lawyer also needs to know about any prenuptial or postnuptial agreements you have signed with your spouse. The prenuptial agreement, whether verbal or written, can have a significant impact on your divorce proceedings.
For example, prenups play a critical role in how your marital property, debts, and income gets divided. If your prenup states that your spouse can’t get any of your assets after the divorce or gets only a fixed monthly income, the court will need to consider it because pre-and-postnuptial agreements are legally binding. Make sure to discuss your nuptial agreements and bring the copies with you when consulting an experienced divorce lawyer in Minnesota.
No one feels comfortably sharing their intimate and personal details with someone they just met. However, it is absolutely necessary to tell your divorce attorney everything related to your married life as it can impact the outcome of your legal separation. The attorney-client privilege will keep your information safe and confidential. So, make sure to discuss these four most important things,and anything else that can impact your divorce case, with your lawyer.
Consult an Experienced Divorce Lawyer in Minnesota Now!
If you are looking to get divorced in Minnesota, you will find no better alternative than Carlson & Jones, P.A. Talk to our experienced and skilled divorce attorneys who will leave no stone unturned to help you get a favorable settlement and child custody arrangement. Call us at (855) 976-2444 or contact us online to find out how our lawyers can help you.