Fill and Sign the North Dakota Divorce Online Form

IN DISTRICT COURT COUNTY OF ____________________ STATE OF NORTH DAKOTA ____________________ ) ) Plaintiff, ) STIPULATION ) ) vs. ) ) ____________________ ) Civil No.________________ ) Defendant. ) * * * * * * * * * * * * * COME NOW THE PARTIES, who agree and stipulate to the within terms and provisions for the full, final and complete settlement of all of the issues of custody, visitation, child support, property distribution, debt allocation, spousal support and other issues arising out of the above captioned divorce action presently pending in the above referenced Court. The Defendant, by signing this Stipulation, admits service of a copy of the Summons and Complaint, consents to the jurisdiction of the Court, and consents to the entry of Judgment in accordance with the terms of this Stipulation, provided that the terms and provisions of this Stipulation are accepted by the Court as the basis for the entry of Judgment herein at a hearing before a Judge of the District Court. The Plaintiff is represented by _____________________________________. Defendant understands and acknowledges Defendant’s right to be advised or represented by counsel in this action. Parties, would expressly agree and stipulate to the fact that the District Court of _________________ County, ________________, North Dakota, has both in personam and subject matter jurisdiction over all of the issues arising in the divorce action, in the above captioned case, and that this jurisdiction extends, but is not limited, to issues of alimony, rehabilitative spousal support, division of property and allocation of debts. Plaintiff and Defendant specifically waive any defense that either party would otherwise be entitled to claim under the provisions of the Soldiers and Sailors Relief Act, based upon active duty service in the United States Military Forces. The parties further affirm that they understand the terms of the agreement, have received a copy thereof and believe that the provisions of the agreement are a full, fair, and equitable settlement of all of the issues dealt with herein and consent to this matter being heard as a default matter without further notice to the Defendant. THE PARTIES AGREE that the following terms and provisions may, if approved by the Court, be entered in the above captioned case as the: FINDINGS OF FACT 1. That the Plaintiff is now, and for more than six months prior to the projected Entry of Judgment will have been, a resident of the State of North Dakota. Plaintiff is presently serving on active duty with the United States Air Force in Italy, and resides in that jurisdiction as required by his military duties. 2. That the parties were married on _______________________ in ___________________ and since that date have been, and are now husband and wife. 3. That the Identifying Information of the parties is as follows: Plaintiff: _________________________ Defendant: _____________________ Address: _________________________ Address: _____________________ _________________________ _____________________ SSN: __________________________ SSN: _____________________ Employer: ________________________ Employer: _____________________ Military Status: ____________________ Military Status: __________________ 4. That _____ child(ren) have been born of the marriage, to wit, ________________, D.O.B. _________________and ______________________, D.O.B. _____________________. The defendant also has ____ child(ren) from a prior marriage, who have not been adopted by the plaintiff, _______________________. 5. That the Plaintiff was born in _______________ on ____________________ to _________________________ and _________________________ . Plaintiff has completed the following education: ____________________________________________________________ and is currently serving with the ____________________________ at the rank of ____________, earning a gross income of approximately $ _______________ per month. 6. That the Defendant was born on _______________ in ____________________ to ____________________ and ____________________ . The Defendant has completed the following education: ________________________________________ and is well able to provide for his/her own support. 7. That the parties do not have any interest in real property. 8. That the parties have an interest in miscellaneous household goods, bank accounts, and personal property, all of which is to be divided equitably between the parties. Plaintiff has an unvested interest in his/her retirement plan accrued through service in the ____________________________. 9. That the parties have an interest in ____________________________________________. 10. That during the course of the marriage the parties have acquired miscellaneous debts and financial obligations, all of which are to be divided equitably between the parties. 11. That during the course of the marriage irreconcilable differences have arisen making a continuation of the marriage impossible. THE PARTIES STIPULATE AND AGREE that the following terms and provisions may, if approved by the Court, be entered as the Judgment and Decree in the above captioned case: STIPULATED TERMS FOR JUDGMENT 1. DIVORCE: That the Plaintiff is awarded an absolute Decree of Divorce, from the Defendant, on the grounds of irreconcilable differences that have operated to destroy the legitimate ends of the marriage, all in accordance with the provisions of the NDCC. 2. CUSTODY: That the Plaintiff is awarded the legal and physical custody of _____________________, and that the Defendant be awarded the legal and physical custody of _____________________, subject in each case to the non custodial parent having a right to liberal and reasonable visitation with the child not in his/her custody, sufficient to maintain a parent - child relationship. 3. RIGHT OF ACCESS TO INFORMATION: That both of the parties shall have the right and opportunity to obtain the following information regarding the minor child herein: i. That either party can obtain and have access to any records concerning the minor child herein to include those records kept by any and all state and federal agencies, any and all school, medical, dental and/or psychiatric records. ii. That each party shall make every effort to notify the other party of any medical emergency or other serious medical problem that may occur while the child is in care of such party. iii. That the party having physical custody of the child, shall provide copies of report cards and school pictures for the child herein to the other party when these are received by the child. 3.b. CHANGE OF ADDRESS NOTIFICATION REQUIRED: Both the Plaintiff and the Defendant shall keep the other party advised of any change in residence, address, or home telephone number by providing written notification, within ten days of any change, in order to expedite contact with, and communication regarding the minor children herein. 3.c RESIDENCE OF THE CHILDREN: That in view of the circumstances of the case, including the fact that the parties are stationed in _____________________, there shall be no provision restricting the removal of the minor children herein from the state of North Dakota. 3.d. INSURANCE FOR MINOR CHILD: Plaintiff shall maintain any health insurance coverage available through his/her employment for the minor children herein, and shall provide any identification card or insurance forms required to utilize the insurance coverage for a child, to the Defendant. Plaintiff and Defendant except for emergencies shall endeavor to utilize the health insurance available for the minor children. 4. CHILD SUPPORT: That each parent be awarded the present responsibility for providing for the care and support of the child awarded to their separate custody, and that no payment be awarded, at this time, for the child not awarded to the custody of a party. 5. SPOUSAL SUPPORT: That neither party is awarded rehabilitative spousal support/alimony, and that there is no reservation of the spousal support/alimony jurisdiction of the Court. 6. PLAINTIFF’S PROPERTY: That the Plaintiff is awarded, as and for Plaintiff’s separate property, exclusive of any claim of the Defendant, all of Plaintiff’s books, tools, clothing, and personal property, as well as an equitable share of the household goods and property acquired during the marriage, to include the interest and equity of the parties in ____________________________. Plaintiff shall be awarded _________________________________________________________. The Child awarded to the custody of the plaintiff shall have his/her _____________________________________. 7. DEFENDANT’S PROPERTY: That the Defendant is awarded, as and for Defendant’s separate property, exclusive of any claim of the Plaintiff, all of Defendant’s books, tools, clothing and personal possessions, as well as an equitable share of the household goods acquired during the marriage. Defendant shall be awarded the remainder of the household goods including the property that he/she brought into the marriage and property acquired for his/her or for _______________________. The Child awarded to the custody of the defendant shall have his/her _______________________________. 8. ______________________ : That each party shall have as and for their separate property, exclusive of any claim of the other, any equity or interest in any checking, savings, social security, or retirement account, whether vested or unvested, credited in the name of such party. 9. MILITARY PENSION : It is acknowledged and understood by the Defendant that he/she would have a claim on the ___________________ Pension of Plaintiff in an amount determined by the following formula y [projected years during marriage while Plaintiff on active duty] x 50% of Entitlement. = Defendant Share . x [Plaintiff’s total years of service at Retirement] In recognition of the property distribution set out in this agreement, Defendant specifically waives and releases any claim or interest that he/she would have in Plaintiff’s military retirement or separation account. 10. PLAINTIFF’S DEBTS: That the Plaintiff is awarded the sole obligation to repay any debts incurred by Plaintiff prior to the marriage of the parties, or after the date of separation. 11. DEFENDANT’S DEBTS: That the Defendant is awarded the sole obligation to repay any debts incurred by defendant prior to the marriage of the parties, or after the date of separation. 12. REMARRIAGE: Neither party shall remarry for a period of 20 days from and after the date of Entry of Judgment herein, except that the parties may remarry to each other at any time without regard to this provision. 13 NOTICE OF ENTRY OF JUDGMENT TO BE SERVED: That within thirty days after the Entry of Judgment, notice of the Entry of Judgment, together with a copy of much Judgment, shall be served by the Counsel for the Plaintiff, upon the Defendant, at the address provided for in the Findings of Fact, all in accordance with Rule 77[d] NDRCivP. EACH PARTY, BY THEIR SIGNATURE BELOW, INDICATES THAT THEY HAVE RECEIVED, READ AND REVIEWED A COPY OF THE STIPULATION AND AGREEMENT, AND INTEND TO BE FINALLY BOUND BY ALL OF THE PROVISIONS OF THE PROPERTY SETTLEMENT PARAGRAPHS RECITED HEREIN. WITH REGARD TO ALL PROVISIONS CONCERNING ALIMONY/SPOUSAL SUPPORT, EACH PARTY INDICATES THAT THEY BELIEVE THAT THE PROVISIONS REFERENCED HEREIN ARE EQUITABLE AND ARE PROPER AND APPROPRIATE PROVISIONS UNDER THE CIRCUMSTANCES OF THE CASE. BOTH PARTIES AFFIRM THAT IT IS THEIR BELIEF THAT THE PROVISIONS CONCERNING CUSTODY, CHILD SUPPORT, AND VISTTATION ARE IN THE BEST INTERESTS OF ANY MINOR CHILD OF THE PARTIES. IT IS THE FURTHER, SPECIFIC AGREEMENT OF THE PARTIES, THAT NEITHER PARTY SHALL HAVE ANY FINANCIAL, RESPONSIBILITY FOR THE OTHER, EXCEPT AS RECITED AND SET FORTH HEREIN, AFTER THE DATE OF THIS STIPULATION AND AGREEMENT, AND THAT THE PARTIES SHALL LIVE SEPARATELY AND APART, RELYING ON THIS AGREEMENT AS A FULL, FINAL AND COMPLETE RECTTATION OF THE RIGHTS AND OBLICATIONS OF THE PARTIES. DEFENDANT AFFIRMS THAT DEFENDANT HAS NOT BEEN GIVEN LEGAL ADVICE OR COUNSEL BY THE FIRM OF __________________________________, UNDERSTANDS THAT THEY ONLY REPRESENT THE PLAINTIFF IN THIS ACTION, AND FURTHER AFFIRMS AND ACKNOWLEDGES THE RIGHT TO BE REPRESENTED OR ADVISED BY COUNSEL IN THIS ACTION, BEFORE OR AFTER ENTERING INTO THIS STIPULATION. Dated this the _____ day of ________, _____ Dated this the ______ day of __________, _____ _____________________________________ ________________________________________ PLAINTIFF DEFENDANT