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Marital Termination Agreement (Divorce With Children) Form. This is a Minnesota form and can be use in District Court Statewide.
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Tags: Marital Termination Agreement (Divorce With Children), DIV-806, Minnesota Statewide, District Court
State of Minnesota
District Court
Judicial District:
Court File Number:
Assigned Judge:
Case Type:
County of
Dissolution with Children
In Re the Marriage of:
Stipulated Findings of Fact,
Conclusions of Law, Order for
Judgment, Judgment and Decree
(Gen. R. Prac. Rule 308.04)
Name of Petitioner (first, middle, last)
and
Name of Respondent (first, middle, last)
------------------------------------------------------------------------------------------------------------------------------A.
This proceeding for dissolution of marriage came before the undersigned judge of district court on
_____________________________(date) at _____________________________(location)
State of Minnesota.
Petitioner
did
did not appear. Respondent
did
in the
did not
appear.
______________________________________ appeared as attorney for _____________________.
B.
is NOT represented by an attorney OR
Petitioner
C.
Petitioner
is represented by the following attorney: _________________________________ .
is NOT represented by an attorney OR
Respondent
D.
Respondent
is represented by the following attorney:
_______________________________ .
Service of the Summons and Petition for Dissolution of Marriage:
Respondent was personally served on _________________________________, ___________,
OR
Respondent signed an Admission of Service on ___________________________, ___________, OR
Respondent was served by alternate means as ordered by the court as follows:
By mailing the Summons and Petition to Respondent at the address(es) stated in the Order for
Service by Alternate Means on this date:___________________________________________
By publication of the Summons in _______________________________________ newspaper
for 3 consecutive weeks, once each week, on the following 3 dates: ____________________ ,
______________________________________________, and ________________________ .
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E. Petitioner was served with an Answer and Counter-Petition:
YES
NO
If YES, Petitioner was served with the Answer and Counter-Petition on ________________, ______.
Month
Day
Year
F. Petitioner and Respondent have reached an agreement for marital termination resolving all issues in
this case. Petitioner prepared the Findings of Fact, Conclusions of Law, Order for Judgment and
Judgment and Decree and incorporated the stipulated facts and terms of the parties’ agreement. A
signed Acknowledgement regarding this agreement is also included in this document.
FINDINGS OF FACT
1. Information about Petitioner
Full Name: _______________________________________________________________________
First
Middle
Last
Address:
Street Address
Apt. No.
_______
City
County
State
Zip Code
Mailing address where Petitioner agrees to receive papers for this case:
OR
Same as above address
________________________________________________________________________
Street Address
Apt. No.
_______
City
County
Date of Birth: ________________________
Month
Day
State
Petitioner is the
Zip Code
husband
wife.
Year
List all of Petitioner’s former or other names or write “None”:
First
Middle
Last
First
Middle
Last
Middle
Last
2. Information about Respondent
Full Name:
First
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Address:
Street Address
Apt. No.
City
County
State
Zip Code
Date of Birth: ________________________
Month
Day
Year
List all of Respondent’s former or other names or write “None”:
First
Last
First
3.
Middle
Middle
Last
Our Marriage
Petitioner and Respondent were married on: (month, day, year)
,
in the City of _____________________, County of _______________________________, State of
__________________________, Country of
4.
.
180 Day Requirement
Has Petitioner been living in Minnesota for the past six (6) months?
YES
Has Respondent been living in Minnesota for the past six (6) months?
5.
YES
NO
Armed Forces
Is Petitioner an active duty member of the armed forces?
YES
NO
If YES, has Petitioner been stationed in Minnesota for the past six (6) months?
Is Respondent an active duty member of the armed forces?
YES
YES
NO
NO
If YES, has Respondent been stationed in Minnesota for the past (6) months?
6.
NO
YES
NO
Marriage Cannot be Saved
There has been an irretrievable breakdown of the marriage relationship and the marriage
between Petitioner and Respondent cannot be saved.
7.
Physical Living Situation
Do Petitioner and Respondent live together at this time?
YES
NO
If NO, the date of separation was:
.
Month
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If YES, Petitioner and Respondent are living together at this time because:
8.
Other Proceedings
a. Has a separate court case for marriage dissolution, legal separation, custody, paternity or
annulment already been started by Petitioner or Respondent in Minnesota or elsewhere?
NO
YES
If YES, the type of court case is:
,
and it was started in ________________________ County in the State of __________________ and
the Court file number is
Open
, and the status or outcome of the case is:
Closed
Unknown or
b. Has a County started a Support case involving the Petitioner and the Respondent or their
children?
YES
NO
If YES, the case was started in ________________________
County in the State of ____________________ and the Court file number is
The case is
9.
Dismissed or
Pending or
.
an Order for Support was issued.
Protection or Harassment Order
Is an Order for Protection or a Harassment/Restraining Order in effect regarding Petitioner and
Respondent?
YES
NO
If YES:
a. The Order protects:
Petitioner
in
Respondent
the child(ren) and the Order was filed
County in
State on
date, and the Court file number is
.
b. Does the Order for Protection include an order to pay child support?
10.
YES
NO
Juvenile Court Case
Is a Juvenile Court case (child protection, delinquency or foster care) involving the joint child(ren)
of Petitioner and Respondent taking place in Minnesota or another state?
If YES, the case is in
YES
NO
County in the State of __________________ and the
Court file number is
. The name of the child or children involved
in the Juvenile Court case is:
.
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11.
Children Petitioner and Respondent have Together (Joint Children)
“Child” means a living person under age 18, or under age 20 and still in high school.
a. Are there any children born to or adopted by husband and wife together, either before or during
the marriage?
YES
NO
If YES,
Full Name of Child Date of Birth Age
Child Currently Lives With
Petitioner
Respondent
Both parents
OR
_______________________(write in name)
Petitioner
OR
Both parents
Respondent
Both parents
________________________(write in name)
Petitioner
OR
Respondent
________________________(write in name)
Petitioner
OR
Both parents
________________________(write in name)
Petitioner
OR
Respondent
Respondent
Both parents
________________________(write in name)
If a child is living with someone other than a parent, write the child's address below:
Address: ______________________________________________________________________
Street Address
Apt. No.
City
County
State
Zip Code
b. Has each child born to or adopted by Petitioner and Respondent together lived in Minnesota for
the past six (6) months?
YES
NO
If NO, name the child or children, name the State(s) the child has lived in during the past 6
months, and the dates the child lived in each state:
12.
Adult Dependent Children
Support can be ordered for a joint child over age 18 who cannot support him/herself because of a physical or mental
condition.
Is there an adult joint child born to or adopted by Petitioner and Respondent who is not able to
support himself or herself because of a physical or mental condition?
YES
NO
If YES, the full name, date of birth and age of each adult dependent is:
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Full Name of Dependent
13.
Date of Birth
Age
Pregnancy
a.
Petitioner
b.
Respondent is the wife in this marriage.
Is wife pregnant?
YES
NO
If wife is pregnant answer (i) and (ii):
(i) The date the baby is due is
Month
Day
Year
(ii) Do Wife and Husband agree that husband is the biological father of the unborn child?
YES
If NO,
14.
NO
Wife
Husband claims husband is not the biological father of the child.
Husband’s Children from Other Relationship (Nonjoint Children)
Does Husband have minor child(ren) from another marriage or relationship?
YES
NO
If YES, the full name, date of birth and age of each child is:
Full Name of Child
and Age
Date of
Birth
Does Child Live
with Husband?
YES
NO
Is Husband Court-Ordered to pay
Child Support for this Child?
YES
NO
YES
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
15.
NO
NO
YES
NO
Wife’s Children from Other Relationship (Nonjoint Children)
a. Does Wife have minor child(ren) born prior to the marriage from another marriage or
relationship?
YES
NO
If YES, the full name, date of birth and age of each child born prior to the marriage is:
Full Name of Child
and Age
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Does Child Live
with Wife?
YES
NO
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Is Wife Court-Ordered to pay
Child Support for this Child?
YES
NO
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YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
b. Has Wife given birth, since marrying Husband, to a minor child who is not a
child of the Husband?
YES
NO
If YES, answer (i) , (ii), (iii) and ( iv):
(i) List the full name, date of birth and age of each child born to Wife since marrying
Husband, who is not a child of the Husband:
Full Name of Child
and Age
Date of
Birth
Does Child Live
with Wife?
YES
NO
YES
(ii)
NO
YES
NO
Is there a Court Order naming someone other than the Husband as the father of the
child(ren) listed in (i) above?
(iii)
Is Wife Court-Ordered to pay
Child Support for this Child?
YES
NO
YES
NO
Have the Wife and biological Father signed a Minnesota Recognition of Parentage
for any of the children listed in (i) above?
YES
NO
If YES, state the full name of the child:
and
submit a copy of the Recognition of Parentage.
If NO, why not?
(iv)
Has the Husband signed the “Husband’s Non-Paternity Statement ” for any of the
children listed at (i) above?
YES
NO
If YES, state the name of the child:
and submit a copy of the “Husband’s Non-Paternity Statement.”
If NO, why not?
16.
Custody
It is in the child’s best interests and we agree that legal custody be granted as follows:
one)
(check
□ Joint legal custody to both parents
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□ Sole legal custody to □ Husband □ Wife
It is in the child’s best interests and we agree that physical custody be granted as follows:
(check one)
□ Joint physical custody to both parents
□ Sole physical custody to □ Husband □ Wife
17.
Parenting Time
a. It is in the best interests of the children that:
Petitioner's parenting time with the joint children be: (check one)
unsupervised
supervised
reserved
Respondent's parenting time with the joint children be: (check one)
unsupervised
supervised
reserved
If parenting time is unsupervised for both parents, skip to Question 18.
b. supervised parenting time
(Option 1) Supervision is necessary because unsupervised parenting time is likely to endanger the
child's physical or emotional health or impair the child's emotional development. The
circumstances supporting this finding are:
(Option 2) We agree that supervised parenting time is necessary because
It is in the best interests of the child(ren) that supervision of parenting time be arranged as follows:
(State who should supervise parenting time, and if there is a cost involved, who should pay the
cost, and any other important details)
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c. Reserved Parenting time
We agree that parenting time should be reserved because:
18.
Public Assistance from State of Minnesota
Note: If either party is receiving public assistance from the State of Minnesota or applies for it after this
proceeding is started, the Petitioner must give notice of this marriage dissolution action to the Support and
Collections office for the county paying the assistance.
a. Petitioner receives public assistance from the State of Minnesota:
YES
NO
If YES, the assistance is from __________________ County. (Check all that apply):
MFIP in the amount of $___________per month
Tribal TANF in the amount of $__________per month
General Assistance in the amount of $___________per month
Child Care Assistance
MinnesotaCare
Medical Assistance
b. Respondent receives public assistance from the State of Minnesota:
YES
NO
If YES, the assistance is from __________________ County. (Check all that apply):
MFIP in the amount of $___________per month
Tribal TANF in the amount of $__________per month
General Assistance in the amount of $___________per month
Child Care Assistance
c.
MinnesotaCare
Medical Assistance
The joint children of the parties receive public assistance from the State of Minnesota:
YES
NO
If YES, the assistance is from __________________ County. (Check all that apply):
MFIP
Medical Assistance
Tribal TANF
MinnesotaCare
IV-E Foster Care
19.
Supplemental Security Income (SSI)
Supplemental Security Income (SSI) is a Federal income supplement program. It is available to low-income people
if they are over age 65, or blind, or disabled.
a.
Petitioner receives Supplemental Security Income (SSI):
NO
YES in the amount of
$___________per month.
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b.
Respondent receives Supplemental Security Income (SSI):
NO
YES in the amount of
$___________per month.
c.
The joint children of the parties receive Supplemental Security Income (SSI):
NO
YES in the amount of $___________per month. What is the name of the child
Receiving SSI?____________________________________________________________
20.
Petitioner’s Employment
a. Petitioner is employed:
YES
NO
Petitioner is Self-Employed:
b. Petitioner is working at least 40 hours per week:
YES
YES
NO
NO
If Petitioner is unemployed or working less than 40 hours/week, answer these questions:
i. Why is Petitioner unemployed or working less than 40 hours/week.
ii. What is Petitioner's past work experience (type of jobs, hours, pay, length of time at the job)
and what are Petitioner's professional qualifications or licenses?
c. Current Employment: (If Petitioner currently has more than two jobs, use an attachment for the additional jobs.)
____________________________________________________________________________
Name of Petitioner’s Employer (If Self-Employed, list name and business address)
____________________________________________________________________________
Employer’s Street Address
____________________________________________________________________________
City
State
Zip Code
Name of Petitioner’s Employer (If Self-Employed, list name and business address)
____________________________________________________________________________
Employer’s Street Address
____________________________________________________________________________
City
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1st Job
Questions about Current Jobs
Is Petitioner paid by the hour or
salaried?
What is the average number of hours
Petitioner works per week?
hourly
2nd Job
salary
hourly
________________hours
salary
________________hours
How much overtime pay does
Petitioner receive per week on
$_____________________
$____________________
average?
Does Petitioner receive bonuses?
If Yes, how much was received in If Yes, how much was received in
Yes
No 1st Job
Yes
nd
bonuses last year? $_____________
No 2 Job
bonuses last year? $_____________
How much do you expect to receive How much do you expect to receive
this year? $___________
this year? $___________
21. Petitioner’s Income
Source of Income
Amount Per Month (or zero) before deductions/taxes
Self Employment Income
$________________ per month
Self Employment income means gross receipts minus costs of goods sold
minus ordinary and necessary business expenses.
Job with __________________________
$________________per month
Monthly income from a job = Hourly wage x Hours worked per week x 4.33 (weeks per month)
Second Job with _____________________
$________________ per month
Third Job with ______________________
$________________ per month
Commissions from all jobs
$________________ per month
Divide the total amount you expect this year by 12 to get a monthly average
Unemployment benefits
$________________ per month
Social Security Retirement, Survivors or Disability
Income (RSDI) (do not include SSI)
$_________________per month
Investment and Rental Income
$________________ per month
Annuity payments
$________________ per month
Pension or Disability from work or military
$________________ per month
Worker's Compensation
$________________ per month
Court-ordered spousal maintenance you receive
$________________ per month
Other income____________________________
$________________ per month
Identify Source
Add all of the above.
Total monthly income
$ ________________ per month
Enter the amount of child support Petitioner is court-ordered
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to pay for any nonjoint child(ren)
$________________ per month
Enter the amount of spousal maintenance Petitioner is court-ordered
to pay to a current or former spouse
$________________ per month
Enter the amount of Social Security or Veteran's Benefits received by a joint child because of
Petitioner's retirement, disability, or other eligibility
$________________ per month
Which parent receives the payment for the child?
Petitioner
Respondent
22.
Living Expenses for the Family
a. Petitioner and Respondent and their children are still living together. Current monthly
living expenses for the family total $
.
OR
b. Petitioner and Respondent are living separately. The monthly family living expenses before
separation totaled $
. At this time, Petitioner's separate monthly
living expenses total $____________, and Respondent's monthly living expenses total
$______________.
Of the total current monthly living expenses for Petitioner,
$_______________ amount is for expenses just for the children that live with
Petitioner. Of the total current monthly living expenses for Respondent, $___________is for
expenses just for the children that live with Respondent.
23.
Expenses for Special Needs for the Children
a. Is there a joint child of the parties who has special needs and extraordinary medical expenses?
YES
NO If Yes,
Name of child with special needs:
Describe the needs:
b. Does Petitioner’s monthly living expense (stated at #22) include the special needs expenses for
the child?
YES
NO
c. Does Respondent’s monthly living expense (stated at #22) include the special needs expenses
for the child?
24.
YES
NO
Respondent’s Employment
a. Respondent is employed:
YES
NO
Respondent is Self-Employed:
b. Respondent is working at least 40 hours per week?
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NO
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If Respondent is unemployed or works less than 40 hours/week, answer these questions:
i. Explain why Respondent is not working or why Respondent works less than 40 hours/week
ii. What is Respondent's past work experience (type of jobs, hours, pay, length of time at the job)
and professional qualifications or licenses?
c. Current Employment: (If Respondent currently has more than two jobs, use an attachment for the additional
jobs.)
____________________________________________________________________________
Name of Respondent’s Employer (If Self-Employed list name and business address)
____________________________________________________________________________
Employer’s Street Address
____________________________________________________________________________
City
State
Zip Code
___________________________________________________________________________
Name of Respondent’s Employer (If Self-Employed list name and business address)
____________________________________________________________________________
Employer’s Street Address
City
State
Zip Code
st
Questions about Jobs
nd
1 Job
Is Respondent paid by the hour or
salaried?
What is the average number of hours
Respondent works per week?
2 Job
hourly
salary
hourly
________________hours
salary
________________hours
How much overtime pay does
Respondent receive per week on
$_____________________
$____________________
average?
Does Respondent receive bonuses?
If Yes, how much did Respondent If Yes, how much did Respondent
Yes
Yes
No 1st Job
nd
No 2 Job
receive
in
bonuses
last
year? receive
$___________
in
bonuses
last
year?
$_________
How much does Respondent expect How much does Respondent expect
to receive this year? $___________
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25.
Respondent’s Income
Sources of Income
Amount Per Month (or zero) before deductions/taxes
Self Employment Income
$___________________ (or zero)
Self Employment Income means gross receipts minus costs of goods sold minus ordinary and
necessary business expenses.
Job with______________________________
$ ___________________ per month
Monthly income from a job = Hourly wage x Hours worked per week x 4.33 (weeks per month)
Second job with________________________
$____________________ per month
Commissions from all jobs
$____________________ per month
Divide the total amount expected this year by 12 to get a monthly average
Unemployment benefits
$____________________ per month
Social Security Retirement, Survivors or Disability Income (RSDI)
(do not include SSI)
$____________________ per month
Investment and Rental Income
$____________________ per month
Annuity payments
$_____________________ per month
Pension or Disability from work or military
$_____________________ per month
Worker's Compensation
$_____________________ per month
Court-ordered spousal maintenance you receive
$ ____________________ per month
Other income____________________________
$____________________ per month
Identify Source
Add all of the above.
Total monthly income
$ ____________________ per month
Enter the amount of child support Respondent is court-ordered to
pay for any nonjoint child(ren)
$____________________ per month
Enter the amount of spousal maintenance Respondent is court-ordered
to pay to a current or former spouse
$____________________ per month
Enter the amount of Social Security or Veteran's Benefits received by a joint child because
of Respondent's retirement, disability, or other eligibility $_____________________ per month
Which parent receives the payment for the child?
Petitioner
Respondent
26.
Child Care Costs
Are there child care costs for joint children because of work or school?
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NO
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If YES,
a. How many of the joint children need child care?
One
Two
Three
______________
b. How much does the daycare center(s) or babysitter charge per month? $
c. Does the County child support agency pay for child care through a subsidy or child care
assistance?
Husband’s
Yes, child care assistance is being received.
co-pay for child care per month is $
Wife’s
.
No, there is no county child care assistance received.
d. The parties agree that Husband should pay $
per
month
proportional share of child care costs and Wife should pay $
for
per
for her proportional share of child care costs. These amounts
are
his
month
are not based
upon calculations using the child support guidelines worksheet.
27.
Health Care Coverage
a. Who receives Minnesota Care or Medical Assistance?
Petitioner
Respondent
Joint Children
No one
b. Does Petitioner have medical insurance? (other than MN Care or Medical Assistance)
Yes
No. If no, skip to c.
i. Where does Petitioner get the medical insurance?
through his/her employment
buys private medical insurance
ii. How much does the medical insurance cost?
$____________per month for single coverage
$____________per month for single plus spouse (if this is offered)
$____________per month for family coverage
iii. Who is currently covered by this medical insurance?
Petitioner
Respondent
All the Joint Children
Some of the Joint Children:
Name the joint children who are covered_____________________________________
Nonjoint children
c. Does Petitioner have dental insurance? (other than MN Care or Medical Assistance)
Yes
No. If no, skip to d.
i. Where does Petitioner get the dental insurance?
through his/her employment
buys private dental insurance
ii. How much does the dental insurance cost?
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$____________per month for single coverage
$____________per month for single plus spouse (if this is offered)
$____________per month for family coverage
Or,
Dental is included in the medical insurance costs.
iii. Who is currently covered by this dental insurance?
Petitioner
Respondent
All the Joint Children
Some of the Joint Children:
Nonjoint children
Name the joint children who are covered____________________________________
d. Does Respondent have medical insurance? (other than MN Care or Medical Assistance)
Yes
No If No, skip to e.
i. Where does Respondent get the medical insurance?
through his/her employment
buys private medical insurance
ii. How much does the medical insurance cost?
$____________per month for single coverage
$____________per month for single plus spouse (if this is offered)
$____________per month for family coverage
iii. Who is currently covered by this medical insurance?
Petitioner
Respondent
All the Joint Children
Some of the Joint Children:
Nonjoint children
Name the joint children who are covered____________________________________
e. Does Respondent have dental insurance? (other than MN Care or Medical Assistance)
Yes
No If No, skip to f.
i. Where does Respondent get the dental insurance?
through his/her employment
buys private dental insurance
ii. How much does the dental insurance cost?
$____________per month for single coverage
$____________per month for single plus spouse (if this is offered)
$____________per month for family coverage
Or,
Dental is included in the medical insurance costs.
iii. Who is currently covered by this dental insurance?
Petitioner
Respondent
All the Joint Children
Some of the Joint Children:
Name the joint children who are covered_____________________________________
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f. If the joint children are without health care coverage, is coverage available for purchase through
Petitioner's or Respondent's employer?
YES
NO
The joint children currently have health
coverage.
g. Other:
28.
Basic Support:
Basic support is for a child’s housing, food, clothing, transportation,
education costs, and other expenses related to the child’s care.
Husband
Wife
$
shall pay basic support to the other party in the amount of
per month by the first day of the month, starting the first month after
entry of the judgment for divorce.
Payment shall be through income withholding.
This
amount is based on the calculations from the child support guidelines worksheet, which is
attached and incorporated into this Marital Termination Agreement.
Husband
Wife
$
shall pay basic support to the other party in the amount of
per month by the first day of the month, starting the first month after
entry of the judgment for divorce.
Payment shall be through income withholding.
This
amount is a deviation from guidelines. The parties agree that this amount adequately meets the
needs of the child(ren) and is in the best interests of the child(ren).
29.
Spousal Maintenance
Spousal Maintenance is money paid by one spouse to the other for living expenses.
Check only one box:
Petitioner and Respondent do not need spousal maintenance at this time, or in the future.
Both parties agree that each party is fully capable of self-support and is not dependent upon the
other for additional support in the form of spousal maintenance. Each party has made a full and
fair disclosure of all income and assets and liabilities that each is responsible for, and agrees that
this waiver is reasonable.
The waiver is fair and equitable and is supported by the above
consideration and was signed by both parties after full financial disclosure to each other.
Petitioner or Respondent may need spousal maintenance in the future. The court should
reserve maintenance to allow either party to ask for spousal maintenance in the future because:
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(explain why you want to do this)
Petitioner needs spousal maintenance from Respondent now. Petitioner is __________years
of age, Petitioner and Respondent have been married for _________years. Petitioner has the
following education:_________________________________________________.
Petitioner’s
gross monthly income totals $__________________. Petitioner’s monthly expenses total
$______________ and Petitioner is not able to maintain the standard of living established during
the marriage because:
Respondent has the ability to pay Petitioner $_____________per month for spousal maintenance.
Respondent needs spousal maintenance from Petitioner now. Respondent is __________years
of age, Petitioner and Respondent have been married for _________years. Respondent has the
following education:_____________________________________________. Respondent’s gross
monthly
income
totals
$______________.
Respondent’s
monthly
expenses
total
$________________, and Respondent is not able to maintain the standard of living established
during the marriage because:
.
Petitioner has the ability to pay Respondent $_____________per month for spousal maintenance.
30. Vehicles
Vehicles are cars, trucks, boats, motorcycles, snowmobiles, personal watercraft, all terrain vehicles etc.
owned by husband or wife together or separately, including vehicles purchased after separation:
Does Petitioner own a vehicle?
YES
Does Respondent own a vehicle?
NO
YES
NO
List all vehicles owned by husband or wife together or separately:
Type of
Vehicle (car,
boat, truck etc.)
Year/Make/
Name(s) on
Model
Value
Balance Owed
Monthly
Title
Payment
$
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$
$
$
$
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$
$
State
$
$
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$
30.
$
$
Marital Property
Marital property means almost anything that you or your spouse now own that was received or bought during
the marriage, even during the times you were separated. Marital Property includes household goods,
furniture, jewelry, boats, real estate and other things. Marital property does not include a gift or inheritance
received by one spouse alone.
Has the marital property been divided already in a manner satisfactory to Petitioner and
Respondent?
YES
NO
If NO, Petitioner requests the following marital property:
________________________________________________________________________________
________________________________________________________________________________
If NO, Respondent requests the following marital property:
________________________________________________________________________________
________________________________________________________________________________
31.
Non-Marital Property
Non-marital property means: (1) anything that you or your spouse owned before the marriage; (2) anything
that you or your spouse received as a gift, bequest, devise, or inheritance, to you or your spouse alone; (3)
anything that you or your spouse got in trade or in exchange for your non-marital property; (4) anything that
is an increase in the value of non-marital property; (5) anything you or your spouse received after the
valuation date set by the court; or (6) anything defined as non-marital property by a valid antenuptial
contract.
a.
Does Petitioner have non-marital property?
YES
NO
If YES, list Petitioner’s non-marital property:
b.
Does Respondent have non-marital property?
YES
NO
If YES, list Respondent’s non-marital property:
___________________________________________________________________________.
32.
Cash & Accounts – Not including Pension and Employer-Funded Retirement Accounts
Does Petitioner have money in banks, savings, cash or investments?
YES
Does Respondent have money in banks, savings, cash or investments?
YES
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If YES,
a.
List all accounts owned by one spouse alone or owned by both spouses jointly including those
opened after separation. “Type of account” means checking, savings, money market accounts,
certificates of deposit, stocks, bonds, stock options, mutual funds, savings bonds, and Treasury
Bills, etc.
Do not include Pension or Employer-Funded Retirement Accounts, which are listed at #36.
Financial
Type of Account
Account #
Amount
(name on account)
Last 4 digits only
Institution
Belongs to:
XX
$
XX
$
XX
$
XX
$
XX
$
XX
$
b. List cash not listed at a.:
Petitioner has cash in the amount of $
Respondent has cash in the amount of $
33.
.
.
Business Interest
Does Petitioner have an interest in a business?
YES
NO
Does Respondent have an interest in a business?
YES
NO
If YES, the name of the business is ____________________________, the address is
________________________________________________________________________________
and the value is $________________. This value is based on:
34.
Manufactured Home
Does Petitioner own a manufactured home?
YES
NO
Does Respondent own a manufactured home?
YES
NO
If either Petitioner or Respondent own a manufactured home, together or separately, complete
the following information:
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a. Address of the manufactured home:
in the city of
, state of
b. What type of home is it? (single, double-wide etc.)
c. Whose name(s) is on the title?
d. When was the home purchased?
e.
What was the purchase price?
$
f.
What is the current values of the home? $
g. How did you arrive at that amount as the current value?
h. How much money is still owed on the home? $
i. If money is owed on the home, who is the money owed to?
j. Do you own the land the home sits on, or do you rent a lot?
Rent
Own
Note: If you own the lot, you must list the land at Paragraph 35.
35. Real Property - Land, Buildings, Contracts for Deed
All real property now owned by Petitioner or Respondent together or separately must be listed. Include real
property acquired before the marriage, during the marriage, and after separation.
a.
Do Petitioner and Respondent jointly own real property?
b.
Does Petitioner own real property solely in his/her own name or with someone other than
Respondent?
b.
NO
NO
Does Respondent own real property solely in his/her own name or with someone other than
Petitioner?
c.
YES
YES
YES
NO
How many properties are owned by Petitioner and Respondent in total?
None
One
Two
Three
_______
If Petitioner or Respondent own real property, separately or together, complete the following
information about the property. If there is more than one piece of real property, photocopy and
complete a Real Property Information page for each piece of property. Staple the additional sheets
to this Decree, and label each sheet "Attachment to Stipulated Findings of Fact, Conclusions of
Law, Order for Judgment, Judgment and Decree of
(your names)
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Real Property Information
1. Real Estate belongs to: (List full names of all owners)_____________________________________
________________________________________________________________________________
2. Legal Description is: (The full legal description must be included. Copy the legal description from
the deed. Do not use the property tax statement legal description. If the legal description is long,
you may use an attachment. Type or print neatly.)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
3. Street Address of the real property is:
________________________________________________________________________________
City______________________________________State______________Zip Code______________
The property is in_____________________________________County.
4. Purchase date_________________(month , day, year) and purchase price:$
5. Mortgages or loans: (List all mortgages and loans on the property)
There are no mortgages or loans on this property.
1st Mortgage: Amount currently owed $
and name of lender
2nd Mortgage: Amount currently owed $
and name of lender
Other mortgages or loans:
6. Current Market Value of this property:
$___________________________________
How was this value determined?
7. This property is the homestead: _______Yes
36.
_________No
Retirement Plans
a.
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YES
NO
If YES:
a) The account number is: (last 4 digits only)
b) The name of the bank that has the account is:
c) The current account balance is:
b.
Has Petitioner, or Petitioner’s past or present employer, union, or other group, paid money
into a pension, profit sharing, or other retirement plan for Petitioner?
YES
NO
If YES:
a) The name of the plan is:____________________________________________________
b) The employer, union or group providing the plan is:
c) The date Petitioner began working at the job or joined the union or group plan is:
d) The type of plan is: (e.g. defined benefit, defined contribution)
e) The present value of the pension or plan is:
c.
Does Respondent have a retirement account? (IRA, 401(k), 403(b) or other)
YES
NO
If YES:
a) The account number is: (last 4 digits only)
b) The name of the bank that has the account is:
c) The current account balance is:
d.
Has Respondent, or Respondent’s past or present employer, union, or other group, paid
money into a pension, profit sharing, or other retirement plan for Respondent?
YES
NO
If YES, and it is a Pension, Profit-Sharing, or other Retirement Plan:
a) The name of the plan is:
b) The employer, union or group providing the plan is:
c) The date Respondent began working at the job or joined the union or group plan is:
d) The type of plan is: (e.g. defined benefit, defined contribution)
e) The present value of the pension or plan is: ___________________________________
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37.
Debts
Does Petitioner have debt?
YES
NO
Does Respondent have debt?
YES
NO
If YES, list debts in Petitioner's name, Respondent's name and in both names jointly. Include
unpaid debts from before the marriage date, during the marriage, and after separation. Fill in all
information completely and attach another sheet of paper if necessary.
Money is owed
to:
Money was used Whose Name is on the Account
for:
and When was the Debt
Incurred?
Name
Date
Balance
Owed
Monthly
Payment
$
$
$
$
$
$
$
$
$
$
$
$
$
$
38.
$
$
Total Debt
$
$
$
$
$
$
Name Change
a. Neither person wants to change his/her name.
b.
Wife
Husband wants to change his/her name to: (full name, not initials)
first
middle
last
This name change request is made with no intent to defraud or mislead anyone:
True
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The person requesting the name change has been convicted of a felony
YES
NO.
If YES:
i. Notice of this request for name change has been given to the proper authority as required
by Minn.Stat.§259.13. (IMPORTANT NOTICE: If you are a convicted felon and you
request a name change without following the requirements of Minn. Stat § 259.13, using the
new last name after your divorce is a gross misdemeanor.)
ii. An Affidavit of Service of the Notice marked Exhibit “A” has been submitted along with this
Stipulated Findings of Fact, Conclusions of Law, Order for Judgment, Judgment and Decree.
39. Other Findings
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
BASED UPON THE ABOVE INFORMATION, the parties agree that the Court shall make the
following:
CONCLUSIONS OF LAW
1.
The bonds of matrimony between Petitioner and Respondent are dissolved, so they are single and
not married.
2.
Legal Custody means which parent(s) have a say in the major decisions regarding the child(ren)’s life including
education, religious upbringing and medical treatment.
It is in the best interests of the child(ren) to grant legal custody of each minor joint child of the
parties as follows:
Name of Child
Granting Legal Custody:
Solely to Petitioner OR
Solely to Respondent OR
Jointly to
both parties.
Solely to Petitioner OR
Solely to Respondent OR
Jointly
Solely to Respondent OR
Jointly
to both parties.
Solely to Petitioner OR
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to both parties.
Solely to Petitioner OR
Solely to Respondent OR
Jointly
Solely to Respondent OR
Jointly
to both parties.
Solely to Petitioner OR
to both parties.
3.
Physical custody identifies which parent(s) will handle the routine daily care and control of the child(ren).
It is in the best interests of the child(ren) to grant physical custody of each of the minor joint
child(ren) of the parties as follows:
Name of Child
Granting Physical Custody:
Solely to Petitioner OR
Solely to Respondent OR
Jointly to
both parties.
Solely to Petitioner OR
Solely to Respondent OR
Jointly
Solely to Respondent OR
Jointly
Solely to Respondent OR
Jointly
Solely to Respondent OR
Jointly
to both parties.
Solely to Petitioner OR
to both parties.
Solely to Petitioner OR
to both parties.
Solely to Petitioner OR
to both parties.
4.
Parenting Time
a. Petitioner's parenting time shall be:
Unsupervised
Supervised
Reserved
b. Respondent's parenting time shall be:
Unsupervised
Supervised
Reserved
c. Parenting Time shall be scheduled as follows:
(Clearly explain the time each parent will spend with each child. Include the time (o'clock) when
the child will transfer from one parent to the other. If you want the order to say who will pick up
and drop off the child, include that under "Other.")
Regular schedule:
Monday through Friday:
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Weekends:
Summer (if you want a different schedule in summer)
Telephone contact with the child(ren):
Unlimited or
Only at certain times as follows:
(describe the days and times when the parent and child(ren) may have telephone contact)
Exceptions to the Regular Schedule:
You can have a different schedule for holidays, school release days, and birthdays. If you do not
want a different schedule, leave it blank.
School Release days or breaks during the school year
Any school release day schedule will supercede the regular parenting schedule.
Birthdays (child's birthday, parent's birthday)
Holidays
Any holiday or birthday schedule will supercede the regular and school release parenting schedule.
Other
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d. Under the above Schedule:
The children are with Petitioner:
less than 10% of the time
10-45% of the time
45.1-50% of the time
more than 50% of the time
5.
The children are with Respondent:
less than 10% of the time
10-45% of the time
45.1-50% of the time
more than 50% of the time
Basic Support for the Joint Children
(Fill in a. or b.)
a.
Petitioner
Respondent shall pay to
Petitioner
Respondent $___________
per month starting on (date):___________________as the basic support obligation for
the parties’ minor child(ren). Any past due amounts of child support are still owed.
This amount is a deviation from the basic support obligation under Minnesota laws. The facts
supporting the deviation from the basic amount are:
The monthly amount shall be:
subject to income withholding from the payor’s income, regardless of source, by his or her
employer, trustee, or other payor of funds and mailed to: Minnesota Child Support Payment
Center, P.O. Box 64326, St. Paul, MN 55164-0326. If the person paying child support is selfemployed, send payments to Minnesota Child Support Payment Center, P.O. Box 64306, St. Paul,
MN 55164-0306. To start income withholding, Petitioner or
Respondent must apply for
IV-D services or income withholding-only services at the Child Support office in the County
where the children live. Until income withholding starts, the person owing support shall pay the
other parent directly.
OR
The monthly amount shall be paid directly by the parent owing the child support to the
parent receiving the child support, payable on the ____________________day of each month.
b. Child Support shall be reserved because:
Either party can ask the court to order the payment of child support in the future by filing a
Motion stating that there is a change in circumstances.
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6.
Medical and Dental Insurance for the Joint Children
Ordering Medical insurance as follows:
a.
Petitioner
Respondent shall provide medical insurance for the joint child(ren)
through his/her employer or union. The other parent must pay a pro rata share of the health
coverage costs by paying_________________________ OR
pay nothing toward the
medical insurance costs because he/she is financially unable to contribute to the costs.
OR
b.
Petitioner
Respondent shall provide medical insurance for the joint child(ren) by
obtaining and paying for private insurance. The other parent must pay a pro rata share of
the health coverage costs by paying
OR
pay nothing toward the
medical insurance costs because he/she is financially unable to contribute to the costs.
OR
c.
Petitioner
Respondent shall pay $
per month, per joint child, as
reimbursement for Medical Assistance or Minnesota Care, payable by income withholding
through the Minnesota Child Support Payment Center, provided Medical Assistance or
Minnesota Care is open for the joint child(ren).
OR
d. Reserving the issue of medical insurance for the joint children.
Ordering Dental Insurance as follows:
a.
Petitioner
Respondent shall provide dental insurance for the joint child(ren)
through his/her employer or union. The other parent must pay a pro rata share of the dental
coverage costs by paying
OR
pay nothing toward the dental insurance
costs because he/she is financially unable to contribute to the costs.
OR
b.
Petitioner
Respondent shall provide dental insurance for the joint child(ren) by
obtaining and paying for private insurance. The other parent must pay a pro rata share of
the dental coverage costs by paying
OR
pay nothing toward the dental insurance costs
because he/she is financially unable to contribute to the costs.
OR
c. Reserving the issue of dental insurance.
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Other:______________________________________________________________________
________________________________________________________________________
________________________________________________________________________.
7.
Uninsured and Unreimbursed Medical and Dental Expenses for the Joint Child(ren)
a. Petitioner shall pay _________ % of the uninsured and/or unreimbursed medical and dental
costs for the minor child(ren) of the parties, and Respondent shall pay __________ % based on
the percentage share of combined PICS (parental income for determining child support.)
The parent who paid the bill must ask the other parent to pay his/her percentage share. To ask for
payment, send to the other parent a) a copy of the bill, b) evidence that you have paid the bill, and
c) a letter requesting payment to you in the amount of $_____. This request for payment should
be made promptly, and no later than 3 months after the bill is paid. If a request for payment is
made after 3 months, there must be exceptional circumstances to support the late request for
payment.
The person receiving the request for payment shall make the payment within 30 days. If there is a
good reason to question the payment, send a letter to the other parent stating what additional
information is needed, or why payment is disputed. If neither payment nor a written letter
disputing payment is sent within 30 days of receiving the request for payment, then the unpaid bill
can be considered back due child support.
OR
b. Reserving the issue of uninsured and unreimbursed medical and dental costs.
"Uninsured and unreimbursed medical and dental costs" are expenses not covered by insurance
and not paid by medical assistance or MinnesotaCare. Examples include deductibles, co-pays, and
procedures not covered by insurance or assistance. Usually the parent with physical custody of
the child will receive and pay the bill for the unreimbursed costs.
8.
Medical and Dental Insurance for the Parties
a. Each party shall provide for his or her own
medical
dental insurance.
b. ____________________________(full name) shall provide
medical
dental
insurance for ______________________________________________ (full name).
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c. Allowing____________________________(full name), at his/her own expense, to
continue the dependent coverage available under the other party’s insurance plan, pursuant
to federal and state statutes.
d. Reserving the issue of medical and dental insurance for the parties.
9.
Child Care Support
a.
Petitioner shall pay $
per month for child care expenses,
and Respondent shall pay $
per month for child care expenses; OR
b. Reserving the issue of child care expenses.
10.
Spousal Maintenance
a. Neither party is awarded spousal maintenance. Petitioner and Respondent have waived
any claims to spousal maintenance for the past, present, or future, and expressly waive all
rights to modify their waivers of maintenance. This court is divested of jurisdiction to
award or modify maintenance in the future pursuant to Karon v. Karon, 435 N.W. 2d 501
(Minn. 1989).
Consideration for this agreement is: (check all that apply)
the parties’ mutual waivers of maintenance
the property settlement
the parties’ respective incomes and ability to earn income
other:
The Court has reviewed this agreement and finds it to be fair and equitable under all of the
circumstances, and supported by sufficient consideration including the parties’ mutual waivers,
incomes per year and the property division.
Full disclosure of each party’s financial
circumstances has occurred.
b. Maintenance is reserved because:
.
Either party can ask the court to order the payment of spousal maintenance in the future by
filing a Motion stating a change in circumstances.
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c.
Petitioner
Respondent shall pay permanent spousal maintenance to the other
party in the amount of $
per month starting on (date):
.
Any
past due amounts are still owed.
d.
Petitioner
Respondent shall pay temporary spousal maintenance to the other party
in the amount of $
per month starting on (date):
(date):
and ending on
. Any past due amounts are still owed.
The monthly amount of permanent or temporary spousal maintenance shall be:
subject to income withholding from the payor’s income, regardless of source, by his or
her employer, trustee, or other payor of funds and mailed to: Minnesota Child Support Payment
Center, P.O. Box 64326, St. Paul, MN 55164-0326. If the person paying spousal support is selfemployed, send payments to Minnesota Child Support Payment Center, P.O. Box 64306, St. Paul,
MN 55164-0306. To start income withholding, Petitioner or Respondent must apply for
income withholding at the Child Support office in their County. Until income withholding
starts, the person owing maintenance shall pay the amount directly to the spouse receiving it.
OR
maintenance shall be paid directly by the spouse owing the maintenance to the spouse
receiving it, payable on the _____________day of each month.
11.
Vehicles
The vehicles are awarded as follows, and the party receiving the vehicle shall pay
for any loans or insurance for such vehicle:
Year / Make / Model
12.
Awarded to:
Marital Property
The parties’ marital property, household goods, furniture and furnishings are awarded:
a. As currently divided OR
b. As follows (add pages if necessary):
To Petitioner:
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To Respondent:
13.
Non-Marital Property
The parties’ non-marital property is awarded:
a. As currently divided OR
b. As follows (add pages if necessary):
To Petitioner:
To Respondent:
14.
Cash and Accounts
a. Awarding the savings and investments as follows:
Institution
Type of Account
Account #
Amount
Awarded to
(Last 4 digits only)
XX
XX
$
XX
$
XX
$
XX
$
XX
b.
$
$
Awarding any cash not included in a. above to the party who currently has the cash OR
Awarding the cash as follows:
15.
Business
None OR
Awarding the parties’ business as follows: _________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
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16.
Manufactured Home
None OR
Awarding the manufactured home located at :
street address
city
to
state
Petitioner
Respondent. The debt on the manufactured home owed to:
____shall be paid by
17.
Petitioner
Respondent.
Real Property
None OR
Awarding solely to
Petitioner
Respondent all right, title, and interest of husband and
wife in the real property located at:
Street address___________________________________________________________________
in the City of
, County of ___________________________,
State of
, which has the following legal description: ______________
_______________________________________________________________________________
_______________________________________________________________________________
with the following mortgages and loans to be paid, after the divorce is final, by
Petitioner
Respondent:
st
1 Mortgage: Amount currently owed: $
and name of lender:
2nd Mortgage: Amount currently owed: $
and name of lender:
and subject to the following liens or other conditions or agreements:
A lien in favor of
Petitioner
Respondent in the amount of $
.
Other conditions or agreements about the property:
18.
Additional Real Property
None OR
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Awarding solely to
Petitioner
Respondent all right, title, and interest of husband and
wife in the real property located at:
Street address___________________________________________________________________
in the City of
, County of ___________________________,
State of
, which has the following legal description: ______________
_______________________________________________________________________________
_______________________________________________________________________________
with the following mortgages and loans to be paid, after the divorce is final, by
Petitioner
Respondent:
1st Mortgage: Amount currently owed: $
and name of lender:
2nd Mortgage: Amount currently owed: $
and name of lender:
and subject to the following liens or other conditions or agreements:
A lien in favor of
Petitioner
Respondent in the amount of $
.
Other conditions or agreements about the property:
19.
Retirement Funds
a. Awarding Petitioner’s pension, profit sharing, retirement plan, I.R.A., 401(k) or other
retirement fund as follows:
100% to Petitioner
OR
Other (describe fully):
b. Awarding Respondent’s pension, profit sharing, retirement plan, I.R.A., 401(k) or other
retirement fund as follows:
100% to Respondent OR
Other (describe fully):
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20.
Debts
a. The debts are divided as follows. The person ordered to pay a debt shall hold the other
person harmless from any responsibility for the debt.
Debt Owed To:
To Be Paid By:
b. Each party is solely responsible for paying any other debts incurred solely by him or her
and each party shall hold the other harmless from any responsibility for such separately
incurred debts.
21.
Name Change
Neither party is requesting a name change. OR
Changing Petitioner’s name to:
First
Middle
Last
First
Middle
Last
Changing Respondent’s name to:
22.
Paternity Questions
Check only if applicable:
The Husband does not have a parent – child relationship with a child or children named:
, born to Wife during
the marriage, and Husband is not the father.
The issue of paternity of the unborn child of Wife is reserved.
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23.
Other:
24. Each party shall execute any and all documents necessary to transfer real and personal property as
awarded herein without further order of the Court. Should either party fail to execute the necessary
documents, a certified copy of the Judgment and Decree shall operate to transfer title as
awarded
herein.
25.
Petitioner and Respondent agree that after a Judgment and Decree has been entered herein,
Petitioner may have a third party, age 18 or older, serve the Judgment and Decree upon Respondent
by mailing it to Respondent’s last known address by first class mail, postage prepaid. The parties
agree that service by mail instead of personal service shall constitute proper service of the Judgment
and Decree for all purposes. Petitioner is responsible for filing an Affidavit of Service of the
Judgment of Decree in the court file.
26.
NOTICE: APPENDIX A SHALL BE INCORPORATED AND MADE A PART OF THE
JUDGMENT AND DECREE. Appendix A contains provisions regarding Payments to Public
Agency, Minnesota Statutes § 518A.50; Depriving Another of Custodial or Parental
Rights-A
Felony, Minnesota Statutes § 609.26; Rules of Support, Maintenance, Parenting Time; Parental
Rights from Minnesota Statutes § 518.17, subdivision 3; Wage and Income Deduction of
Maintenance and Child Support pursuant to, Minnesota Statutes § 518A.53; Change of Address or
Residence; Cost of Living Increase of Maintenance and Support pursuant to Minnesota Statutes §
518A.75; Judgments for Unpaid Maintenance and Child Support pursuant to Minnesota Statutes §
548.091; Medical Insurance and Expenses pursuant to Minnesota Statutes § 518A.41; and
Minnesota Statutes § 259.115 regarding criminal penalties for failure to comply with felon name
change law.
27.
The parties agree that the foregoing Stipulated Findings of Fact and Conclusions of Law incorporate
the complete and full Marital Termination Agreement.
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ACKNOWLEDGEMENT
The undersigned parties affirm to the Court that the foregoing Conclusions of Law incorporate the
parties’ complete and full agreement for marital termination to resolve all issues in this dissolution case,
and upon approval and entry by the court, shall constitute the judgment and decree for marriage
dissolution for all purposes. Furthermore, the parties assert that the facts stated in the Findings of Fact
are true and accurate, that each party has fully disclosed the nature and extent of his or her property, debts,
and income, and that this agreement is based upon that full and fair disclosure. The parties ask the Court
to enter judgment in strict conformity with the foregoing and, so long as the Court does so, the parties
agree that this matter may proceed as by default. If the Court intends to deviate at all from the terms of
the foregoing, each party shall be notified and given the opportunity to present all arguments concerning
all issues in the dissolution case.
STATE OF MINNESOTA
STATE OF MINNESOTA
COUNTY OF _______________________)SS
COUNTY OF_____________________)SS
(County where document is signed)
DATED: ____________________________
DATED: __________________________________
___________________________________
Signature of Petitioner
_________________________________________
Signature of Respondent
(Do NOT sign unless in presence of Notary Public)
(Do NOT sign unless in presence of Notary Public)
Subscribed and sworn to before me this
_____ day of _________________, _______
Subscribed and sworn to before me this
_____ day of _____________________, _________
__________________________________________
__________________________________________________
Notary Public/Deputy Court Administrator
Notary Public/Deputy Court Administrator
Petitioner:
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is not represented by an attorney (Sign Petitioner’s Waiver of Counsel)
is represented by the following attorney:
Attorney’s Name:_________________________________ __________________
Attorney’s ID #:________________ Telephone: (
)_____________________
Attorney’s Address:__________________________________________________
City, State, Zip:___________________________________ _________________
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Respondent:
is not represented by an attorney (Sign Respondent’s Waiver of Counsel)
is represented by the following attorney:
Attorney’s Name: ____________________________________________________
Attorney’s ID #:_________________ Telephone: (
) ___________________
Attorney’s Address__________________________________________________
City, State, Zip: ___________________________________________________
By _______________________________________
By _______________________________________________
Attorney for Petitioner
Attorney for Respondent
ORDER FOR JUDGMENT
LET JUDGMENT BE ENTERED IMMEDIATELY.
The foregoing facts were found
by me after due hearing and the
Order thereon is recommended.
BY THE COURT
________________________
District Court Referee
___________________________________
Judge of District Court
Dated:_____________________
Dated:_______________________________
JUDGMENT
I certify the above Conclusions of Law are the Judgment of the Court.
___________________________________________
Court Administrator
PETITIONER’S WAIVER OF COUNSEL
I,
, know I have the right to be represented by a lawyer
of my