Fill and Sign the Administrative Dissolution Form

Administrative Dissolution Proceedings Qualifications : Following are the criteria to decide if a case may be processed in an administrative format. A. There are minor children of the marriage and the parties are represented by counsel and have signed and acknowledged a stipulation. B. There are no minor children born during the marriage, and the parties have entered into a written stipulation. C. There are no minor children born during the marriage and the Respondent has not appeared after service of the Summons and Petition duly made and proved by affidavit and at least 50 days have elapsed since service. If you meet the above conditions of A, B or C, you are eligible for an administrative dissolution proceeding. When filing your Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree, please indicate on the scheduling information sheet your request for an administrative hearing. If you do not meet the conditions for an administrative hearing, you will need to request a date for a final hearing. Please indicate on the scheduling information sheet your request for a hearing. Referees will be reviewing the Marital Termination Agreements and Findings of Fact, Conclusions of Law, etc., in the same manner as before. However, because you will not be present, procedures are required to ensure that the dissolution decrees meet clerical and substantive requirements. The following information is provided to assist you in submitting documents efficiently. Procedures : 1. A dissolution action is commenced by the personal service of the Summons and Verified Petition. No mailed service is permitted. When you file the Summons and Petition, you should file an Affidavit of Service or an Acknowledgment of Service. The exception is the Joint Petition where the Petition is verified by both parties. If you publish service, you must obtain an Order for Publication and file the summons and Petition before you publish the Summons. 2. If there are no minor children and the respondent is in default, you must file an Affidavit of No Answer and wait until at least 50 days after service was completed to schedule your administrative review. 3. If there are minor children, you may only use the administrative procedure if both parties are represented by counsel and have signed and acknowledged the Stipulation. You must file the Stipulation. - 1 - 4. You must fill out the purple Default Dissolution Scheduling Information sheet and attach it to the Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree, which you have prepared. The purple Default Dissolution Scheduling Information sheet is available from the County Government offices. A same is attached. You must send an original and one copy of the Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree, together with the purple Default Dissolution scheduling Information sheet and the State Statistical form to the Family Court Assignment Office in the County Courthouse or County Government Center . If there is child support or maintenance, you must file an additional copy. 5. Signature Blocks: Signature blocks for Referees' and Judges' signatures are different for this proceeding from in-person hearings. The correct form when there is no hearing is as follows: APPROVED FOR ENTRY WITHOUT HEARING APPROVED FOR ENTRY UNDER MINNESOTA STATUTES 518.13: DATED: _____________ _____________________________ _____________________________ Referee District Court Judge of District Court 6. If procedural or clerical errors are found in the documents, they will be returned to you with a checklist indicating items missing or in need of correction. 7. If there are substantive errors, the documents will be returned with an Order indicating items missing or in need of correction. You must then schedule the matter for a hearing before a Referee at which parties and counsel must appear to resolve the issues. 8. Administrative Dissolution Cases will be blocked to Referees in the same manner as is currently in effect. Each Referee is scheduled for one day each month to review the cases assigned where the Default Dissolution Schedule Information form has been filed. THESE WILL BE THE ONLY DAYS OF EACH MONTH THAT REFEREES WILL REVIEW AND SIGN PROPOSED DECREES FOR ADMINISTRATIVE DISSOLUTIONS . You must file the purple Default Dissolution Scheduling Information sheet and the proposed Findings with the County Assignment Office at least 10 days prior to the review date to allow for processing and preliminary review. If you papers are returned to you for procedural or clerical corrections, the Notice sent to you will include the next scheduled review date. The following is provided to assist you in assuring that you documents will be approved. - 2 - FINDINGS OF FACT (CLERICAL PROVISIONS) (YOUR FINDINGS OF FACT SHOULD INCLUDE ALL OF THE INFORMATION LISTED BELOW THAT PERTAINS TO YOUR CASE. THE FORM OF THE FINDINGS IS NOT CHANGED FROM THOSE USED WHEN THERE IS A HEARING, EXCEPT THERE IS NO HEARING IN ADMINISTRATIVE DISSOLUTIONS . 1. Give names, addresses, birth dates and ages of each party. Include Social Security numbers if child support and/or spousal maintenance is being ordered. You must now also include any other name(s) that each party has ever used, including maiden name. 2. State date, city and state of the marriage. 3. State whether either or both parties have resided or were domiciled in Minnesota 180 days prior to commencement of the proceeding and resided in       County at the commencement of the proceeding. 4. State whether either party is a member of the armed services. If so, provide a waiver of rights under the Soldiers and Sailors Relief Act. 5. State that there are no other proceedings for dissolution or legal separation pending in this state or elsewhere. If there are, provide facts. 6. State that there has been an irretrievable breakdown of the marriage relationship. Include date of separation of the parties. 7. Give name, age and date of birth of each living minor child born to the parties or adopted during the marriage. Include all children of wife born during the marriage, even if parties claim that husband is not the father. If no children, you must so state. You must include fact that wife is not now pregnant. If she is pregnant, you must include that fact and the anticipated date of child's birth. If a child was born to wife during the marriage and one of the parties asserts that the husband is not the father, there can be no dissolution until a Guardian Ad Litem has been appointed for the child, and either blood test have excluded the husband or another man has been adjudicated the father of the child. If the wife is pregnant and asserts that the husband is not the father, the Court may not find that the husband is not the father. He remains the presumed father until blood tests exclude him or another man is adjudicated. Identify who has had custody of the child(ren). 8. Give place of employment of both parties and net monthly income and monthly budgetary needs for each party and the children. If either party is non-AFDC, there must be a notice to the Welfare Department, and the County Attorney must approve Stipulation. - 3 - 9. State child support to be paid in a dollar amount per month. If waiver of income withholding, findings must state reason. If child support is reserved or if there is a deviation upward or downward from the Guidelines, you must include sufficient facts to permit the Court to accept the provision . 10. State maintenance to be paid in a dollar amount. If waiver of income withholding, findings must state reason. If one or both parties are waiving spousal maintenance, the grounds for the waiver must be included in the Findings . Must state whether each party is capable of self-support. If there is a mutual waiver of maintenance, there must be a finding that the mutual waiver is valid consideration in its denial. 11. If there is real estate, provide address and legal description, and value of property. YOU MUST INCLUDE THE STATUTORY NOTICE OF TAX CONSEQUENCES UPON THE SALE OF REAL ESTATE . 12. Identify retirement benefits, especially pensions. You must provide the values of each party's pension. 13. Statement of other assets (IRAs, savings, stocks, etc.). 14. Statement that the parties own personal household goods and furnishings, including vehicles. Identify with specificity if any anticipated problem. If the personal property has already been divided, you must state that fact. 15. Identify significant non-marital claims and their values. 16. Identify marital and/or individual indebtedness and their amounts, include credit cards and student loans. 17. In all stipulated cases, there must be a statement that parties have fairly disclosed their income, assets, and liabilities to each other. CONCLUSIONS OF LAW (SUBSTANTIVE PROVISIONS) 1. "The bonds of matrimony existing between the parties are hereby dissolved." DO NOT FORGET THAT THIS IS THE FIRST CONCLUSION OF LAW. 2. Custody a. Legal (joint or sole); b. Primary physical custody. - 4 - 3. Visitation schedule, if any. (holidays, summer) a. Provision for resolution of disputes. 4. Child support a. Specific dollar amount per month; b. Date of commencement of obligation; c. Income withholding or direct payments d. Attach Appendix A or A-1; e. Which party awarded child(ren) as tax exemptions; f. Child support can only be set or "reserved"; it cannot be waived; g. Facts for deviation above or below the Guidelines must be in the Findings (not the Conclusions); h. Prior approval of County Attorney when AFDC is involved. i. If prior support, state whether arrears merge. 5. Health Insurance for child a. Which party is responsible? b. Responsibility for cost of uninsured/unreimbursed medical and dental costs. 6. Life Insurance with children as beneficiaries during period of child support obligation. 7. Health Insurance for Spouse under Minn. Stat. 62A & COBRA laws. 8. Spousal Maintenance a. Specific amount per month; b. Date of commencement and conditions for termination; c. Income withholding or direct payments; d. Attach Appendix A or A-1; e. Reservation for either or both parties; f. Waiver - must be explicit; (1) grounds for waiver must be in the Findings (Not the Conclusions). (2) If maintenance is waived by Stipulation, Conclusions should state that maintenance is denied. g. If prior support Order, state whether arrears merge. 9. Disposition of Real Estate a. Street address and legal description; b. Occupancy and responsibility for mortgage, taxes, insurance, 2nd mortgages (home improvement loans); c. Lien for spouse - conditions for satisfaction of lien; d. Statutory notice of tax consequences upon sale of house must be in Findings (not in Conclusions). - 5 - 10. Division of Pensions. (Do not forget the Qualified Domestic Relations Order [QDRO}). 11. Division of other investment assets. 12. Division of Personal Property a. Household goods and furnishings; b. Automobiles. 13. Award of non-marital property. 14. Debts and who is responsible for payment. 15. Attorney's fees. 16. If either party requests a change of name, give full name, not initials. 17. Provision for service of Judgment and Decree on Respondent (personal service if no written agreement for service by mail). 18. Provision for withdrawal of counsel 91 days after service of Judgment and Decree. 19. "Let Judgment be entered accordingly" must appear at the end of the Conclusions of Law and before the signature blocks. 20. Signature Blocks: Signature blocks for Referees' and Judges' signatures are different for this proceeding from in-person hearings. The correct form when there is no hearing is as follows: APPROVED FOR ENTRY WITHOUT HEARING APPROVED FOR ENTRY UNDER MINNESOTA STATUTES 518.13: DATED: ________________ ______________________________ ___________________________ Referee District Court Judge of District Court THIS IS NOT TO BE CONSIDERED AS A COMPLETE LIST OF REQUIREMENTS. SOME CASES WILL NOT REQUIRE ALL OF THE PROVISIONS LISTED; OTHER CASES MAY REQUIRE ADDITIONAL PROVISIONS . HELPFUL HINTS : 1. Don't forget the new statutory requirements; e.g., temporary restraining orders in the Summons, all prior names of parties, etc. - 6 - 2. Future tense used in Marital Termination Agreements must be changed to present tense in the Conclusions of Law. (e.g., "Tom shall be awarded the car" must be changed in the Conclusions to read: "Tom is awarded the car".). 3. Do not include statements of fact from Stipulation in Conclusions of Law. If you want to include them, they should be in the Findings. - 7 -