Fill and Sign the Discovery Generic First Set of Interrogatories for Divorce Matter Minnesota Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, ____________________ FIRST SET OF INTERROGATORIES TO AND ____________________ , Respondent, TO: (NAME) , THE (PETITIONER/RESPONDENT) ABOVE-NAMED, AND H IS/HER ATTORNEY, (ATTORNEY'S NAME) , (LAW FIRM NAME) , (FIRM ADDRESS) , (CITY) , MINNESOTA (ZIP) . YOU WILL PLEASE TAKE NOTICE that the under signed, as attorneys for the (Petitioner/Respondent) , fully and completely pursuant to Rule 33 of the Minnesota Rules of Civil Procedure, the following Inter rogatories and that the answers be signed by the person making them, and that they be served upon the undersigned counsel within thirty (30) days after service of these Interrogatories: - 1 - INSTRUCTIONS: In answering these Interrogatories, furnish all information which is available to you, including information in the possession of your attorneys or investigators, for you or your attorneys, and not merely such information known of your own personal knowledge. If you cannot answer the following Interrogatories in full after exercising due diligence to secure the information to do so, state the answer to the extent possible, specifying your inability to answer the remainder, stating whatever information or knowledge you have concerning the unanswered portion. The Interrogatories shall be deemed to be continuing. Information sought by these Interrogatories that you obtain after you serve your answers must be disclosed by supplementary answer. It is demanded that each Interrogatory precede its answer as required by Rule 33.01(4) of the Minnesota Rules of Civil Procedure. - 2 - INTERROGATORY NO. 1 Will you make a claim for rehabilitative or permanent maintenance? If so, state the monthly amount you will request. If you will make a claim for rehabilitative or permanent maintenance, answer Interrogatory No. 2 below. If you will not make a claim for permanent maintenance, skip to Interrogatory No. 3. INTERROGATORY NO. 2 Considering the factors set forth in M.S. §518.552, subd. 1 and 2, concerning an award of maintenance, which states as follows: Subdivision 1. In a proceeding for dissolution of marriage or legal separation, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse and which has since acquired jurisdiction, the court may grant a maintenance order for either spouse if it finds that the spouse seeking maintenance: (a) lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education, or (b) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. Subdivision 2. The maintenance order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including: (a) the financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party's ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party's age and skills, of completing education or training and becoming fully or - 3 - partially self-supporting; (c) the standard of living established during the marriage; (d) the duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished; (e) the loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance; (f) the age, and the physical and emotional condition of the spouse seeking maintenance; (g) the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and (h) the contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party's employment or business. State all facts which pertain to the following: A. Regarding subd. 1 (a): (1) Will you claim you lack sufficient property to provide for your reasonable needs? (2) If so, set forth all facts upon which you will rely. B. Itemize by categories your reasonable needs on a permanent basis as set forth in the attached Exhibit A. (4) What do you claim is the standard of living established during your marriage? Specify all facts and identify each item of documentary evidence upon which you will rely to establish the standard of living established during the marriage. B. Regarding subd. 1 (b): (1) Will you claim you are unable to provide adequate self-support as set forth herein? - 4 - (2) If you did not answer Interrogatory 2.A. (3) and (4) above, answer fully here. C. Regarding subd. 2 (a), state all facts upon which you will rely; D. Regarding subd. 2 (b), state all facts upon which you will rely, including your goals and specific plans in finding appropriate employment. E. Regarding subd. 2 (c), state all facts upon which you will rely which you have not previously set forth, if any. F. Regarding subd. 2 (d), state all facts upon which you will rely; G. Regarding subd. 2 (e), state or identify separately all forgone earnings; seniority, retirement benefits; and other foregone employment opportunities. H. Regarding subd. 2 (f), describe each physical or emotional condition you will claim as affecting the amount or duration of maintenance sought. I. Regarding subd. 2 (g), state all facts upon which you will rely. J. Regarding subd. 2 (h), state all facts upon which you will rely. INTERROGATORY NO. 3 With regard to your present residence, set forth the following: A. Address B. The name of each other person residing in this residence and the nature of the relationship to you; C. The owner of said residence; D. The date and amount of each contribution you have made to the mortgage, rent, CD or similar payment and identify all documents which substantiate said payments. E. Do you intend to stay at your present residence? If yes, for how long? If no, describe your future plans to change residences, and any associated costs by amount and type. - 5 - INTERROGATORY NO. 4 State your current monthly living expenses as set forth on Exhibit B, attached hereto, and for each item which is shared jointly with another, then indicate the amount of contribution by each person on a monthly basis. INTERROGATORY NO. 5 Identify any items of household or personal property which you desire to be awarded to you on a temporary basis. INTERROGATORY NO. 6 Identify each item of personal or real property, including financial assets, you will ask to be awarded to you on a permanent basis, and state your current estimate of value for each item. INTERROGATORY NO. 7 If you will make a claim for temporary maintenance, set forth the monthly amount you will request and the basis therefore. INTERROGATORY NO. 8 State with specificity the amount of future social security, pension, or other retirement income which you will be entitled to receive. Dated: __________________ (Law Firm) _______________________________ __________________ Attorney for Petitioner #1 Address #2 Address City, State Zip Telephone ( ____ ) __________ Attorney Reg. No.: ______ - 6 -