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Fill and Sign the Minnesota Marriage 497312474 Form

Fill and Sign the Minnesota Marriage 497312474 Form

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STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, MARRIAGE DISSOLUTION AGREEMENT AND , Respondent, WHEREAS, the above-named Petitioner has commenced a proceeding for dissolution against the above-named Respondent and this proceeding is now pending before the above-named Court. WHEREAS, both of the parties consider it in their best interests to agree upon all matters with respect to the division of property, spousal maintenance (alimony) and all other matters at issue between them. WHEREAS, Petitioner and Respondent have advised each other as to the extent, nature and amount of their property, income and indebtedness, and each is relying on this disclosure in entering into this agreement; and WHEREAS, Petitioner and Respondent are each represented by separate legal counsel who have advised them during the course of this proceeding. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the parties that if upon the trial of the above entitled matter as a default case the Court shall dissolve the marriage of the parties and utilize the following provisions as a part of the Judgment and Decree to be entered therein if the same be agreeable to and approved by the Court. 1. Default . The Respondent hereby acknowledges that she has been served with a - 1 - Summons and Petition in the above-entitled matter and that the Respondent expressly waives her right to interpose an Answer and Counter Petition in this proceeding and agrees to allow the above entitled matter to proceed by default without further notice to the Respondent. 2. Administrative Hearing. That the parties may submit the matter for an administrative hearing which will facilitate entry of the Judgment and Decree without an appearance by either of the parties. 3. Military Service . The parties acknowledge that neither party hereto is in the Military Service of the United States of America. 4. Waiver of Spousal Maintenance . Each of the parties expressly waive their claims against each other for any spousal maintenance, temporary or permanent. 5. Property Settlement . The parties agree to divide the marital and non-marital assets as follows: a. Personal Property and Household Goods . The parties agree that each shall have the sole title and use of the personal property, household goods, furniture and equipment presently in their respective possession as of the date this Marriage Termination Agreement is signed. b. Bank Accounts, Stocks, Bonds, Pension and Life Insurance . The parties agree that each shall have the sole title and use of whatever bank accounts, stocks, bonds, savings accounts, pensions, life insurance policies with any cash value thereon, and any other assets which are held in their name or for their benefit as of the date of this Marriage Termination Agreement. c. Motor Vehicles . The Petitioner shall be awarded all right, title and interest in and to the 20 ___ entitled to the exclusive title and possession of the automobile of the parties, and the shall be entitled to the exclusive title and possession of the automobile of the parties. - 2 - 6. Debts . The Petitioner/Respondent agrees to be responsible for and shall assume the obligation of all of the debts of the parties incurred prior to . Any debt incurred after said date shall be solely the obligation of the party incurring the same. There are no joint marital debts. The parties agree that each of them shall be individually liable for any debt incurred in their name or for their behalf. The parties agree to indemnify and hold each other harmless from any payment on the other's debts, including any reasonable attorney's fees or costs incurred by either party in securing said indemnification. 7. Harassment . The Petitioner and the Respondent and their agents and servants agree to be enjoined and restrained from doing, or attempting to do, any act of injuring, maltreating, vilifying or harassing the adverse party either in person or by the telephone. 8. Attorney's Fees and Costs . As and for costs herein, the Defendent agrees to pay to the __________ at the office of _____________ 's attorney the sum of $ ____________ . Each of the parties shall be responsible for his or her own attorney's fees, costs and disbursements incurred in this proceeding. 9. Capital Gains Tax . The parties are notified that income tax laws regarding the - 3 - capital gains tax may apply to the sale of a principal residence. This includes, but is not limited to, the exclusion available on the sale of a principal residence for those over a certain age under Section 121 of the Internal Revenue Code of 1986, or other applicable law. Unless otherwise specifically stated, the party who receives the principal residence is entitled to have the first choice in exercising this offset. The parties may wish to consult with an attorney and/or accountant concerning the applicable laws. 10. Disclosure . The parties agree that each of them has made a full and fair disclosure of all assets and liabilities of which they have knowledge or which are in their possession. The parties further acknowledge that this Marriage Termination Agreement is based upon said full and fair disclosure and that each of the parties has not withheld from disclosure information which would materially effect the distribution between the parties. 11. Signing Documents . Each of the parties shall sign whatever documents are necessary to transfer title of the assets as divided herein, and shall do so immediately upon entry of the Judgment and Decree. 12. Release of Attorneys . The parties agree that upon service of the Judgment and Decree, each of their attorneys shall be released from continued representation of them in connection with this proceeding. 13. Service of Process . The parties consent and agree that service of a copy of the Judgment and Decree upon the attorney for one of the parties by the attorney for the other party by U.S. Mail shall constitute due and proper service of the Judgment and Decree upon them and proof thereof for all purposes. IS FURTHER STIPULATED AND AGREED between the parties that they submit themselves to the jurisdiction of the above Court for the purpose of this proceeding and that the provisions contained herein may be embodied in any Judgment and Decree entered herein. IT IS FURTHER STIPULATED AND AGREED that this Marriage Termination Agreement shall not be binding upon the parties hereto unless the terms of this Marriage - 4 - Termination Agreement shall be submitted to the above-named Court and in all things approved by said Court and unless a dissolution be granted and the Judgment and Decree of dissolution of the marriage incorporates the terms and provisions of this Marriage Termination Agreement. IT IS FURTHER STIPULATED AND AGREED between the parties that the foregoing provisions constitute full and complete disposition and settlement of all questions and issues of property division, spousal maintenance (alimony), attorney's fees and costs, and all other property and issues existing between the parties, and except as set forth herein, neither party shall have any further claim of any kind or character against the other party arising out of the marital relationship of the parties. Dated this ______ day of __________ , 20 ______ . ____________________________________ _______________________________ Petitioner Respondent ___________________________ ____________________________ Attorney for Petitioner Attorney for Respondent (Address) (City, State, Zip) (Telephone Number) (Attorney Reg. No.:) ____________________________ ____________________________ Attorney for Petitioner Attorney for Respondent (Address ) (City, State, Zip) (Telephone Number) (Attorney Reg. No.:) - 5 -

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