Fill and Sign the Answer to Petition and Counterpetition for Dissolution of Marriage Minnesota Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF       JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, ANSWER TO PETITION FOR LEGAL AND SEPARATION AND COUNTER-PETITION , Respondent, For Answer to the Petition herein, Respondent states: I . Except as hereinafter admitted or qualified, denies each and every allegation therein. II . Admits the allegations contained in paragraphs . III . Respondent is without sufficient information to form a belief as to the truth or falsity of the allegations contained in paragraph(s) . IV . Specifically denies the allegations of paragraph(s) - 1 - , and puts Petitioner to strict proof thereof. V . Admits the Respondent is the owner of certain life insurance policies but denies that any substantial cash value exists in the same. WHEREFORE, Respondent prays that the Petition be dismissed and that Respondent be awarded costs herein; furthermore, that the Court grant relief as prayed for in Respondent's Counter Petition herein below stated. COUNTER PETITION For Counter Petition for dissolution of marriage relationship, Respondent states: I . That the true and correct name of the Petitioner is ___________________ , who was born on the ___ day of _______ , 20 ___ , and who is presently ___ years of age. Petitioner resides at ____________________________ - 2 - . Petitioner's Social Security number is ___________________ . Petitioner is represented in this proceeding by       ,       . II . The true and correct name of the Respondent is ___________________ , who was born on the ___ day of _______ , 20 ___ , and who is presently ___ years of age. Respondent resides at ____________________________ . Respondent's Social Security number is ___________________ . Respondent is represented in this proceeding by ____________________________ , ____________________________ , Minnesota ______ . III . Petitioner's residence in the State of Minnesota has been continuous for not less than 180 - 3 - days immediately preceding commencement of this proceeding for dissolution. Petitioner at the present time is a resident of _____________ County, Minnesota. Respondent resided in this state for not less than 180 days immediately prior to commencement of this proceeding for dissolution. Respondent at the present time resides in _____________ County, Minnesota. That Petitioner has been a member of the Armed Forces and has been stationed in this state for not less than 180 days immediately preceding commencement of this proceeding for dissolution. That Petitioner has been a domiciliary of this state for not less than 180 days immediately preceding commencement of this proceeding for dissolution. IV . The parties were duly married each to the other on the ___ day of _______ , 20 ___ , at _______ , - 4 - _____________ County, _____________ , and ever since said date have been and now are wife and husband. V . As issue of the parties there have been born the following children, now in their minority, whose names and dates of birth are as follows: ________________ , _____________ born , _____________ age , ________________ , _____________ born , _____________ age . This Court has jurisdiction over the custody status of said minor children and Petitioner believes in good faith that there is no question of jurisdiction over the custody status herein under Minn. Stat. §518A.0l to §518.A.025. That the Petitioner/the Respondent/both parties are the fit and proper persons to be awarded the sole/joint legal custody of the minor children. That the Petitioner/the Respondent/both parties are the fit and proper persons to be awarded the - 5 - sole/joint physical custody of the minor children. There is no minor issue of the parties' marriage. All children of the parties' marriage are emancipated. The Petitioner/Respondent is pregnant and the expected date of birth is . The Petitioner/Respondent is not now pregnant. VI . This is a proceeding for dissolution of marriage relationship. There has been an irretrievable breakdown of the marriage relationship of the parties. This is a proceeding for a legal separation. That there is a need for a decree of legal separation. VII . No separate proceeding for dissolution of marriage relationship, legal separation or custody has been commenced by either Petitioner or Respondent in this or any other jurisdiction and no such separate proceeding is pending. VIII . Neither party hereto is in the Military Service of the United States. - 6 - _____________ is a member of the military service of the United States at the time this proceeding is commenced. IX . The parties hereto are the owners of the following real property, held in the following manner: Homestead. The premises located at _____________ , County of _____________ , State of Minnesota, and legally described as:       Said premises are held (in joint tenancy) (in the name of _____________ ) (by the parties as tenants in common), and are (encumbered by a mortgage) (unencumbered) in the amount of approximately $ _____________ . A market valuation needs to be performed to determine the market value. That the Petitioner/Respondent has a non-marital interest in said real property. Condominium/Land/cabin. (See language for homestead) X . - 7 - That the parties hereto are the owners of normal household goods, furnishings and other personal property situated in and about the homestead of the parties, and in addition are owners of the following motor vehicles and recreational vehicles and equipment and other personal property, title thereto being as indicated below, and subject to the encumbrances indicated: XI . The parties have the following unsecured debts: The parties have incurred individual and joint indebtedness to various creditors. XII . That the parties hereto have an interest either jointly or individually in other property (the identity and nature of which is otherwise unknown to Respondent at this time) (as follows): XIII . That the Petitioner is currently employed (full-time) (part-time) by and receives therefrom gross monthly income of approximately $ _____________ and a net monthly income of approximately $ _____________ . The Petitioner has available various fringe benefits - 8 - (and vested pension and/or profit sharing rights). The Petitioner has been so employed for approximately years. The Petitioner has the capacity to earn at a minimum $ _____________ per year. That the Respondent is currently employed (full-time) (part-time) by and receives therefrom gross monthly income of approximately $ _____________ and a net monthly income of approximately $ _____________ . The Respondent has available various fringe benefits (and vested pension and/or profit sharing rights). The Respondent has been so employed for approximately years. XIV . That the life of is covered by various life insurance policies which can be used for the benefit of the minor children - 9 - of the parties and in which there is no cash surrender values. XV . That Respondent requires an award of attorney's fees from the Petitioner to enable him/her to maintain this present proceeding and an award of temporary child support (and/or temporary maintenance). Attached hereto is Respondent's Application for Temporary Relief, made a part hereof, and by which Respondent seeks said temporary relief as therein fully prayed. Respondent requires an award of permanent maintenance. That Respondent seeks also custody of the minor children of the parties, temporary and permanent, and an award of permanent, as well as temporary, child support. XVI . That       's former surname was       , which surname       wishes restored in this proceeding. Seeks his/her surname changed to       - 10 - . WHEREFORE, Respondent prays the Judgment and Decree of this Court granting the following relief: 1 . Dissolving the marriage relationship of the parties. 2 . Granting to       the custody and care of the minor children of the parties, subject to rights of reasonable visitation in the       . 3 . Ordering _____________ to pay to _____________ , as and for support of the minor children of the parties, temporary and permanent, such reasonable sums as to the Court is just. 4 . Ordering to pay to the _____________ , as and for spousal maintenance, such reasonable sums as to the Court is just. 5 . Granting to the Petitioner/Respondent his/her non-marital property. 6 . Granting to the parties such division of the property of the parties, real, personal, and - 11 - mixed, as to the Court is just in the premises. 7 . Ordering the Petitioner to pay to the Respondent's attorney, as and for attorney's fees and Court costs herein, such reasonable sums as to the Court is just. 8 . For such other and further relief as to the Court is just in the premises. Dated _____________ ___________________________ (Name) (Title) (Address) (Address) (Phone Number) (Fax) (E-Mail) Attorney Reg. No. - 12 - ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. §549.21, Subd. 2, to the party against whom the allegations in this pleading are asserted. _____________________________ Petitioner/Respondent Dated _____________ _____________________________ (Name) (Title) (Address) (Address) (Phone Number) (Fax) (E-Mail) Attorney Reg. No. - 13 - VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) _____________ , being first duly sworn on oath, deposes and says: That I am the Respondent in the above captioned proceeding for dissolution; that I have read the hereto attached Answer and Counter Petition and the same is true of my own knowledge, except as to matters therein stated on information and belief, and, as to such, I verily believe it to be true. ______________________________________ Respondent Dated: __________________________ Respondent Subscribed and sworn to before me this _____ day of ____________, 20___. _______________________________ NOTARY PUBLIC - 14 -