Trial Outline for Attorney (Divorce / Custody)

UpdatedDecember 15, 2025

Blank Trial Outline

Divorce-Trial-Outline

Divorce Trial Outline

Background
1. How old are you?
2. How old is your spouse?
3. When where you married?
4. Do you have any children?
  1. What are their names?
  2. How old are they?

Are you currently pregnant?

Where do you live?
1. How long have you lived there?
2. Planning on moving any time soon?
Date of Valuation
1. When did you start the divorce?
  1. Did you file for divorce?
2. You’re asking the court for date of valuation of when?
  1. Why then? (most equitable and easiest)
3. Divorce
  1. Are either you or your spouse in the military?
  2. Have you lived in Minnesota for at least the past 180 days?

Do you believe there has been an irretrievable breakdown of marriage, meaning it can’t be fixed?

And you’re asking the court to divorce you two?
Are You asking the court to also change your name?
1. To what?
2. Are you doing this name change to defraud anyone?

Kids
1. Introduction
  1. You’ve got 1 child?
    1. How old is she?
    2. Where does she go to school?
      1. What grades is she in?
      2. What sort of activities is she involved in?
      3. You attend those?
        
        Does your spouse?
      4. Can you tell the court a little about her?
        
        Sounds like a good kid.
      5. Legal Custody
        
        You’ve agreed to Joint legal custody?
        
        You agree that you two can work together on the big three…Education, Medical and religious issues?
        
        And you’re asking the court to order joint legal custody?
        
        Do you have any concerns if the court orders that your spouse have sole legal custody?
        
        What are those concerns?
        
        Do you believe it’s in the best interst of the children for you and your spouse to have joint legal custody?

You are asking for Sole Legal custody?
1. Why Is that?
2. Do you have concerns about the religious decisions?
3. How about medical decisions between you two?
4. How about educational decisions?
5. You feel that it’s in the best interest of the children?
Physical Custody
1. Are you asking to award you joint or sole physical custody of the child?
  1. Why is that?
  2. Do you feel that you two will be able to work together?
    1. Why not?
    2. Do you have any specific examples of you two not being able to work together?
  3. Who are you asking the court to award primary residence?
    1. Why is that?
  4. Best Interest Factors (Minn. Stat. 518.17)
    1. Does the child have any special physical issues that the court should be aware of?
      1. Overall pretty healthy?
    2. How about emotional issues that the court should factor in?
      1. What are those?
      2. Do you feel that your spouse is able to understand these issues?
        
        Why not?
      3. One of the factors the courts look at is any unique cultural issues, are there any of those types of issue the court should be aware of here?
      4. Another s issue is spiritual issues.
        
        Do you feel that you are better suited to address the child’s spiritual issues?
        
        Why is that?
      5. Does the child have any other medical issues that may impact them?
        
        How about mental health issues?
        
        What are those?
        
        Is she seeing a counselor or therapist now?
        
        Who is that?
        
        And where are they located?
        
        How long the child been seeing them?

Do you feel this is helping the child?

What is your plan in the future regarding this therapist and the child?

How does your spouse address these mental health issues? Are they supportive?
1. Do you feel as if you are better suited to address these?
  1. Why is that?
2. How is the child doing in school?
  1. Any sort of special needs or does she need any sort of help in her schooling?
    1. Who has done most of the school and homework help with the child?
    2. Has it always been that way?
    3. Has your spouse helped her with school work with her?
  2. Now your child is @@ years old?
    1. Have you had any discussions about where she will live after the divorce is finished?
    2. When did you have those?
    3. What is her preference?
      1. And how do you know this?
    4. Has there been any, what you would consider, domestic abuse issue here?
      IF YES
      1. Is there currently an HRO or OFP in place?
        
        When was that ordered?
        
        What are the terms?

Do you recall the Judge?

Can you tell the court what has happened (remember it’s physical harm or fear of physical harm or threats or grabbing the phone on a 911 call?)
1. When did this happen?
2. What did you do?

Did you call the police?
1. Why not?

Are you aware was he ever charged with a crime?
Any other instances of domestic abuse?

Do you feel has this impacted the child?
1. How?
2. Has the child ever said they don’t feel safe around your spouse to you?
  1. When was that?

Does the child seem afraid at all?

How is your physical health?
1. Anything that would affect your ability to parent?
2. How about your spouses physical health?
  1. Anything that would affect their ability to parent?
3. How about your mental health do you have any mental health issues?
  1. What are those?
  2. Are you taking any medication?
    1. What type?

Are you seeing anyone to help you with these?

Who is that?
How often do you see them?
Do you feel that these issue have any impact on your ability to parent?

Does your spouse have any mental health issues that you are aware of?
IF YES:
1. What are those?
2. How do you know about those?

Have you seen these issue impact your child?

How so?

Chemical Dependency issues
1. You’re aware that there is a claim that you have a CD issue?
  1. Do you?
  2. Have you had any DWI’s?
  3. What about any criminal matters that involved alcohol
  4. Have you ever had any issues with your job due to Alcohol?
  5. Let me ask, do you drink alcohol?
    1. How often?
    2. When was the last time that you were “drunk”?
  6. Do you feel that your spouse has a chemical dependency problem?
    1. What kind?
    2. Why do you feel that way?
    3. How much does your spouse drink?
  7. Caregiver history:
    1. Are you active in a church?
    2. Which one?

How often do you attend?

Does your spouse attend?

Who took the child to the doctor?
1. Has the child ever been sick?
2. Who took time off for the child?
Dentist?
Sporting events? (do any coaching?)
School conferences?
Who got the child ready in the morning?
Who took the child to school?
Picked up from school?
Who normally prepared dinner?
How about purchased clothes?
Put the child to bed?
(consistency)
1. Tell me about your living arrangement?
  1. (GO Over pictures)
  2. Do you live alone?
  3. IF SIGNIFICANT OTHER:
    1. You live with someone?
    2. How long have you two lived together?
      1. And what do they do?
    3. How does your child get along with your significant other?
  4. Any plans to move in the near future?
2. (SCHOOL)
  1. What is your plan for schooling with the child?
  2. How about daycare issues?
    1. Who currently watches the child when you are at work?
    2. Are they licensed?
    3. Any plan to change that?
  3. (Work)
    1. Where do you work?
    2. What do you do there?

How long have you been there?

What are the hours?
Ever work overtime?
How about overnights or travel?

What is your wage?
1. Any bonuses?
Any plan to change jobs or careers?

Parenting time
1. Have you thought about what you think is best in terms of parenting time for the child?
  1. What is that?
  2. And why do you think that’s best for the child?
2. How about during the summer what type of schedule are you requesting?

Now, we’ve talked about holidays, what would you like?

Property
1. Valuation Date?
  1. We’ve talked about the different dates the court could use, such as date of separation, date of commencement of the divorce, or date of pre-trial, what date would you like the court to use?
    1. Why? (go over the details…focus on it’s the date that’s most fair, etc..etc.)
  2. Debt/Asset Sheet
    1. You’ve created a sheet that lists all your debts and assets?
      1. GO OVER EXHIBIT 4
      2. What are we looking at here?
      3. OFFER for demonstrative purposes
      4. You are asking the court to divide the property based on the HUSBAND/WIFE Columns
      5. There is a line listed as “equalization payments” what is that?
        
        IF CLIENT PAYS
        
        You agree that you will pay your spouse x number of dollars?
        
        By when?
        
        IF OPA PAYS
        
        You would like this amount to be paid by your spouse?
        
        When?
        
        Non-Marital Property
        
        Do you have any non-martial property claims?
        
        What are they? (go over)
        
        (be ready to discuss the value on date of valuation.)
        
        House
        
        When did you buy the house?
        
        Do you recall what you paid for it?
        
        What was the down payment? How did you get that?
        
        Have you refinanced since then?
        
        VALUATION
        
        IF CLIENT WANTS HOUSE
        
        How do you think the fair market value is on the house?
        
        Do you know the tax value (EXHIBIT X)
        
        Do you think that is accurate?
        
        You are agreeing to refianance the house and remove her from the mortage?
        
        You’ve spoken to a banker about this?
        
        How long do you think it will take? (90 days)
        
        IF CLIENT DOES NOT WANT HOUSE
        
        What do you think the fair market value is on the house?
        
        That’s higher than the tax value? Any idea why?
        
        Any improvements or changes?
        
        Have you had any appraisals done lately?
        
        You would like your name removed from the mortage?
        
        Why?
        
        When do you think it is a reasonable period of time to do this?

And what if this is not done

Retirements
1. You are asking the court to equally divide the various retirement accounts via QDRO? Why?
  1. To equally share any tax issues that might arise)

(Maint if needed)
1. IF SEEKING MAINT
  1. Let’s look at your Monthly budget,
    1. (show EXHIBT 3)
    2. Is this a reasonable budget?
    3. Very different than say the last few years?
    4. Similar to the lifestyle and budget you had while married?
  2. What sort of Retirement do you have?

Employment prospects
1. When you got married what did you do for employment?
2. When is the last time you worked?
3. Have you looked into getting employment?
  1. Doing what?
  2. What is the salary you hope to receive?
  3. Any luck with finding a job?
4. What are you asking the court in terms of Maint?

IF DEFENDING MAINT
1. Your wife is asking for spousal support, but you don’t believe she needs that?
  1. Why?
2. Let’s look at your budget?
  1. (Exhibit 3)
  2. Is this similar to what your budget has been since you’ve been married?

You’ve had the chance to review your wifes’s monthly budget?
1. Do you believe that is an accurate budget? Why?
  1. (go over the budget line by line)
2. Did you wife work doing your marriage?
3. Do you believe she can find work?

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