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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
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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.
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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.:)
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