IN DISTRICT COURT, __________________ COUNTY, NORTH DAKOTA ________________________________, Plaintiff, vs. _________________________________. Defendant. } } } } } } } } } SETTLEMENT AGREEMENT Civil No. ________________ Plaintiff and defendant have reached an agreement resolving all of the issues in this divorce proceedings. Plaintiff and defendant’s entire agreement is set forth in this Settlement Agreement. a. The Summons and Complaint were personally served upon defendant on ____________________, 20____, as indicated by the Admission of Service on file herein. Plaintiff and defendant agree to the following facts regarding this case. AGREEMENT AS TO FACTS 1. Plaintiff’s full name, address, and date of birth are: Full Name: __________________________________________________________________ First Middle Last Address: __________________________________________________________________ Street Address Apt. No. __________________________________________________________________ City County State Zip Date of Birth: 2. _________________________________ Defendant’s full name, address, and date of birth are: Full Name: __________________________________________________________________ First Middle Last __________________________________________________________________ Street Address Apt. No. __________________________________________________________________ City County State Zip Date of Birth: 3. _________________________________ Plaintiff and defendant were married on _________________________, in the City of ___________________, County of __________________, State of _____________________. 4. Plaintiff and/or defendant lived in North Dakota for the entire six (6) months immediately before serving this Complaint for Divorce. 5. Plaintiff is a member of the armed forces: 6. Defendant is a member of the armed forces: Yes _______ No _______ Yes _______ No _______ 1 American LegalNet, Inc. www.FormsWorkFlow.com 7. Irreconcilable differences have arisen between the parties making the continuation of the marriage impossible. 8. An Adult Abuse Protection Order or Restraining Order is in effect regarding plaintiff or defendant: Yes _______ No _______ If YES, the order protects plaintiff _______ defendant _______. The Order was filed in _______________ County on the following date ______________________ and the court filed number is __________________. 9. There are no minor or dependent children born or expected to be born of this marriage. 10. Plaintiff has the following sources of monthly income: Source/Describe Amount Employment $ Public Assistance $ Social Security Benefits $ Unemployment/Workers Compensation $ Interest/Dividend Income $ Other $ 11. Defendant has the following sources of monthly income: Source/Describe Amount Employment $ Public Assistance $ Social Security Benefits $ Unemployment/Workers Compensation $ Interest/Dividend Income $ Other $ 12. Plaintiff needs spousal support from Defendant: Yes _______ No _______ If YES, this is because plaintiff is _______ years of age, has been married to defendant for ______ years, has a monthly income totaling $_________________, has monthly expenses totaling $_____________, and because: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 2 American LegalNet, Inc. www.FormsWorkFlow.com 13. Defendant needs spousal support from plaintiff: Yes _______ No _______ If YES, this is because defendant is _______ years of age, has been married to plaintiff for ______ years, has a monthly income totaling $_________________, has monthly expenses totaling $_____________, and because: ____________________________________________________________________________________________________ _______ ____________________________________________________________________________________________________ 14. Plaintiff and defendant have the following outstanding debts (another sheet of paper listing other debts is attached: Debt Owed To 15. No _______ Purpose of Debt Debt Incurred by Balance owed Monthly Payment Balance owed Monthly Payment Plaintiff and defendant own the following vehicles: Type of Vehicle 16. Yes _______ Year/Make/Model Name’s on Title Plaintiff and defendant jointly own marital property, including household goods, furniture, and furnishings, all of which property has been divided to the parties’ satisfaction. 3 American LegalNet, Inc. www.FormsWorkFlow.com 17. Plaintiff and defendant jointly own real property: Yes _______ No _______ If YES, the street property of this property is ____________________________________________________, In the city of ______________, County of _____________________, State of ___________________________, And it is legally described as: __________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ This real property was purchased on _____________________, for $___________________. There is a mortgage or loan against the property in the amount of $___________________. The market value of this property is $________________________. 18. Plaintiff owns real property solely in his or her own name: Yes _______ No _______ If YES, the street property of this property is ______________________________________________________, In the city of ______________, County of _____________________, State of ____________________________, And it is legally described as: ___________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ This real property was purchased on _____________________, for $___________________. There is a mortgage or loan against the property in the amount of $___________________. The market value of this property is $________________________. 19. Defendant owns real property solely in his or her own name: Yes ______ No _______ If YES, the street property of this property is ______________________________________________________, In the city of _________________, County of _____________________, State of _________________________, And it is legally described as: ___________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ This real property was purchased on _____________________, for $___________________. There is a mortgage or loan against the property in the amount of $___________________. The market value of this property is $________________________. 20. Plaintiff or plaintiff’s past or present employer or union or other group pays or has paid money into a pension, profit-sharing plan, IRA or other retirement plan for plaintiff: Yes _______ No _______ If YES, described the plan (see instructions: _______ 4 American LegalNet, Inc. www.FormsWorkFlow.com 21. Defendant or defendant’s past or present employer or union or other group pays or has paid money into a pension, profit-sharing plan, IRA or other retirement plan for plaintiff: Yes _______ No _______ If YES, described the plan (see instructions: _______ 22. List all of your financial or other assets not otherwise mentioned in detail and identify which party will be awarded the asset. Asset 23. Location Account or Policy (last 4 digits) Plaintiff wants to change his or her name: Yes _______ Value Plaintiff or Defendant No _______ If YES, the new name is _______________________________ and plaintiff has not intent to defraud or mislead anyone by changing his/her name. 24. Defendant wants to change his/her name: Yes _______ No _______ If YES, the new name is _______________________________ and plaintiff has not intent to defraud or mislead anyone by changing his/her name. THE PARTIES STIPULATE AND AGREE that the following terms and provisions may, if approved by the Court be entered as the Judgment and Decree in the above –captioned case. STIPULATED TERMS FOR JUDGMENT 1. Divorce and Court Approval. The plaintiff is awarded an absolute Decree of Divorce from the defendant on the grounds of irreconcilable differences, all in accordance with the provisions of the North Dakota Century Code. As part of the proceedings in this matter, plaintiff will submit this Agreement to the above-entitled Court. If the divorce is not granted, the terms of this Agreement shall be of not effect. If the Court does not approve this Agreement, the parties shall be advised and shall be given opportunity to appear and present argument, witnesses and testimony. If the Court approves this Agreement, and if the Court grants a dissolution to plaintiff herein, the terms of this Agreement shall be made a part of any Decree issued by reference, whether or not each and every portion of this Agreement is literally set forth in the Judgment and Decree. 5 American LegalNet, Inc. www.FormsWorkFlow.com 2. _______ a. Defendant shall pay to plaintiff the amount of $_________________ per month as and for spousal support for a period of _______________________________. _______ b. Plaintiff shall pay to defendant the amount of $_________________ per month as and for spousal support for a period of _______________________________. _______ c. Neither plaintiff nor defendant will be awarded permanent or rehabilitative spousal support and the court shall be divested from any jurisdiction to make any awards of spousal support in the future. _______ d. The issue of spousal support shall be reserved. 3. The vehicles shall be awarded to plaintiff and defendant as follows, and the party receiving each vehicle shall pay for all loans and insurance associated with the vehicle: Year/Make/Model 4. Awarded to: Plaintiff’s and defendant’s household goods, furniture, and furnishings have already been divided to the parties’ satisfaction. 5. a. Each party shall be solely responsible for his or her separately incurred debts and may not ask the other party to help pay those debts. Plaintiff and defendant’s marital debts shall be paid as follows, and each party shall hold the other harmless from any responsibility for the debts each is ordered to pay: Debt Owed to To be paid by: 6 American LegalNet, Inc. www.FormsWorkFlow.com 6. Plaintiff _______ Defendant _______ shall be awarded sole title and interest in the homestead located at _____________________________, in the City of _______________________, County of _________________, State of ___________________, legally described as, _________________________________________________ And subject to a mortgage or loan against the property in the amount of $_______________. _______ Does Not Apply 7. Plaintiff _______ Defendant _______ shall be awarded sole title and interest in the real property located at _____________________________, in the City of _____________________, County of _________________, State of ___________________, legally described as, _________________________________________________ And subject to a mortgage or loan against the property in the amount of $_______________. _______ Does Not Apply 8. Plaintiff’s pension, profit, sharing, retirement plan, or IRA shall be awarded as follows: _______ Does Not Apply 9. Defendant’s pension, profit, sharing, retirement plan, or IRA shall be awarded as follows: _______ Does Not Apply 7 American LegalNet, Inc. www.FormsWorkFlow.com 10. The parties shall be awarded all right, title, interest and equity in and to the following assets, financial or other asset, as follows: Asset 11. Location Account or Policy (last 4 digits) Value Awarded to: Plaintiff name shall be change to: ______________________________________________ _______ Does Not Apply 12. Defendant name shall be change to: ____________________________________________ _______ Does Not Apply 13. Execution of Required Documents. Each party shall, within ten (10) days from and after the date of Entry of Judgment, or upon presentation, whichever occurs first, execute any document, transfer papers, titles or other documents required to effect the terms and provisions of the Judgment and Decree. In the event that a party fails to sign transfer papers, as required, the Judgment shall operate to transfer title to property, as awarded. 14. Finality of Settlement. This Agreement is intended as a full, complete, final and conclusive settlement of all marital rights and all property rights between the parties. 15. Validity of Agreement. This Agreement shall be binding upon the parties hereto with respect to the aboveentitled action, or any other action between the parties and it is agreed that the material provisions of this Agreement shall be incorporated in and made a part of any judgment or decree entered into this action. 16. Full Disclosure and Reliance. Each party warrants to the other that there has been accurate, complete and current disclosure of all income, assets, and liabilities. 8 American LegalNet, Inc. www.FormsWorkFlow.com 17. Acknowledgment of Agreement. The parties have read this Agreement, have given it serious thought and consideration, and understand its contents. The parties agree that this Agreement is fair, just, and equitable under the circumstances, and it has been made in aid of an orderly and just determination of the property settlement in this matter satisfactory to both parties. This Agreement is being entered into by the parties subsequent to the definite understanding between them that there can be no reconciliation. 18. Waiver of Counsel. The parties acknowledged that each has the right to be represented by a lawyer of his/her choice. The parties expressly waived that right and freely and voluntarily entered into the settlement agreement which became a basis for the order for judgment and judgment. IN WITNESS WHEREOF, The parties hereto have signed this Agreement ______________________, 20_____. Plaintiff STATE OF NORTH DAKOTA ) ) ) COUNTY OF On , 20 before me personally appeared , known to me to be the same person described in and who executed the within and foregoing instrument and acknowledged to me that (he) (she) executed the same. (Seal) Notary Public Defendant STATE OF NORTH DAKOTA ) ) ) COUNTY OF On , 20 before me personally appeared , known to me to be the same person described in and who executed the within and foregoing instrument and acknowledged to me that (he) (she) executed the same. (Seal) Notary Public 9 American LegalNet, Inc. www.FormsWorkFlow.com