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Findings Of Fact, Conclusions Of Law, And Order For Judgment Form. This is a North Dakota form and can be use in District Court Statewide.
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Tags: Findings Of Fact, Conclusions Of Law, And Order For Judgment, North Dakota Statewide, District Court
IN DISTRICT COURT, __________________ COUNTY, NORTH DAKOTA
________________________________
Plaintiff,
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER FOR JUDGMENT
Vs.
Civil No. ________________
_________________________________
Defendant.
The above-entitled proceeding came on duly for hearing before the above-named Court on ______ day of
__________________, ________, and was heard by the Honorable _____________________ District Judge, in the
District Court, ___________________ County, North Dakota. The plaintiff did/did not appear personally.
defendant did/did not appear personally.
The
A Settlement agreement signed by both parties has been submitted to the
Court.
After hearing all of the evidence adduced at said hearing and being fully advised in the premises, and being
advised of the written Settlement Agreement of the parties and upon all the pleadings and proceedings, herein, the
Court makes the following:
FINDINGS OF FACT
1.
Plaintiff’s full name, address, social security number (last 4 digits) and date of birth are:
Full Name:
__________________________________________________________________
First
Middle
Last
Address:
__________________________________________________________________
Street Address
Apt. No.
__________________________________________________________________
City
County
State
Zip
Soc. Sec. No. (only last 4 digits):
Date of Birth:
2.
__________________
_________________________________
Defendant’s full name, address, social security number (last 4 digits) and date of birth are:
Full Name:
__________________________________________________________________
First
Middle
Last
Address:
__________________________________________________________________
Street Address
Apt. No.
__________________________________________________________________
City
County
State
Zip
Soc. Sec. No. (only last 4 digits):
Date of Birth:
__________________
_________________________________
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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:
Yes _______ No _______
6.
Defendant is a member of the armed forces:
7.
Irreconcilable differences have arisen between the parties making the continuation of the
Yes _______
No _______
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
$
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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:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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:
Yes _______
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:
Year/Make/Model
Name’s on Title
Type of Vehicle
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16.
Plaintiff and defendant jointly own marital property, including household goods, furniture, and furnishings,
all of which property has been divided to the parties’ satisfaction.
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:
_______
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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.
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FROM THE ABOVE AND FOREGOING, the Court now makes and enters the following:
CONCLUSIONS OF LAW
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.
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:
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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
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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. 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.
ORDER FOR JUDGMENT
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated on ___________________________, ____________.
BY THE COURT:
________________________________________________
Judge of the District Court
Civil No. ______________
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