Fill and Sign the Notice Motion Document Form

State of Minnesota District Court County Judicial District: Court File Number: Case Type: Dissolution without Children In Re the Marriage of: Name of Petitioner Notice Of Motion And Motion For Temporary Relief and Without Children Name of Respondent TO: □ Petitioner □ Respondent First Middle Last Street Address Apt. No. City County State Zip Code NOTICE PLEASE TAKE NOTICE that on the day of , at o’clock .m. before in Room (name of judge/judicial officer) of the located at , Minnesota, I will ask the Court for an Order granting the following relief: 1. The Court should order the other party and me to use mediation to help us reach an agreement: □ YES □ NO. If YES, the issues that should be mediated are: □ a. Dividing our household goods, furnishings, vehicle(s), bank account(s), other assets and personal property; □ b. Dividing our real property; □ c. Maintenance/Alimony; □ d. Dividing our debts; DIV602 State ENG Rev 7/15 www.mncourts.gov/forms Page 1 of 6 □ e. Other: 2. Temporary maintenance (alimony) should be granted as follows: ( check one ) □ a. Temporary maintenance should not be granted either to me or the other party. □ b. The Court should decide temporary maintenance later. □ c. The other party should pay to me $ per month for temporary maintenance. The payment should be automatically withheld from the other party’s wages or salary and paid to me according to Minnesota Statute sections 518.611 or 518.613. 3. Attorney’s fees should be awarded as follows: ( check one ) □ a. The Court should require me and the other party to each pay our own attorney’s fees and expenses if we have any. □ b. The Court should require the other party to pay me $ toward my attorney’s fees and expenses. □ c. The Court should decide attorney’s fees later. 4. Until the final decree is ordered (check one): □ a. I should have sole use and possession of the home located at in the City of , State of , and ( check one ): □ I □ the other party should pay the mortgage and other expenses for the home. □ b. The other party should have sole use and possession of the home located at in the City of , State of , and ( check one ): □ I □ the other party should pay the mortgage and other expenses for the home. □ c. The other party and I should share the use and possession of the home located at in the City of , State of . The mortgage and other expenses for the home should be paid as follows: DIV602 State ENG Rev 7/15 www.mncourts.gov/forms Page 2 of 6 Expense Who Should Pay 5. Until the final decree is ordered ( check one ): □ a. The other party and I should have the temporary use and possession of the personal belongings, household goods, and furnishings that each of us now has in possession. □ b. The Court should give me temporary sole use and possession of the following personal belongings, household goods, and furnishings ( list the items you want ): □ c. The Court should give the other party temporary sole use and possession of the following personal belongings, household goods, and furnishings ( list the items they want ): DIV602 State ENG Rev 7/15 www.mncourts.gov/forms Page 3 of 6 6. □ a. Until the final decree is ordered, temporary use and possession of the vehicle(s) should be divided, and the vehicle loan(s) and insurance should be paid, as follows: Year Make Model Awarded to whom Who pays vehicle loan/insurance □ b. We do not own any vehicles. 7. □ a. Until the final decree is ordered, our debts should be paid as follows: Creditor (to whom the money is owed) Total Balance Owed Monthly Amount Due Who Should Pay $ $ $ $ $ $ $ $ $ $ $ $ $ $ □ b. We do not have any debts. 8. The Court should allow me to change certain medical, dental, automobile, or life insurance policies: □ YES □ NO. If YES, list the policy and the changes you want to make: . 9. The other party should reinstate insurance: □ YES □ NO. If YES, list the insurance that should be reinstated . 10. The Court should order the other party to immediately notify me of any salary or wage increases, bonuses or other extra income: □ YES □ NO. DIV602 State ENG Rev 7/15 www.mncourts.gov/forms Page 4 of 6 11. The Court should order that the other party shall not spend or otherwise use income raises, income tax refunds, bonuses, or other extra income: □ YES □ NO. 12. Restrain both parties from transferring, encumbering, concealing or disposing of property, including any tax refunds, except in the usual course of business or for the necessities of life, except as to any future earned income, except as the parties with their attorneys may mutually agree in writing. 13. The Court should allow me to sell or otherwise get rid of other property: □ YES □ NO. If YES, list the property you wish to dispose of and explain why: 14. Restrain both parties from harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining the liberty of the other party or the child(ren) of the parties. 15. The Court should grant the additional relief: □ YES □ NO. If YES, the relief I request is: . 16. The Court should grant other additional relief that is fair and just. The grounds for this Motion are as stated in the Affidavit and is filed along with this Notice of Motion and Motion . VERIFICATION AND ACKNOWLEDGEMENTS a) I have read this document. To the best of my knowledge, information and belief, the information contained in this document is well grounded in fact and is warranted by existing law. b) I have not been determined by any Court in Minnesota or in any other state to be a frivolous litigant and I am not the subject of an Order precluding me from serving or filing this document. c) I am not serving or filing this document for any improper purpose, such as to harass the other party or to cause delay or needless increase in the cost of litigation or to commit a fraud on the Court. DIV602 State ENG Rev 7/15 www.mncourts.gov/forms Page 5 of 6 d) I understand that if I am not telling the truth, or if I am misleading the Court or serving or filing this document for an improper purpose, the Court can order me to pay money to the other party, including the reasonable expenses incurred by the other party because of filing or serving this document, court costs, and reasonable attorney’s fees. NOTICE TO THE OTHER PARTY After you receive these papers, if you want to respond to anything raised by the other party in his/her papers, your written response must be personally served on the other party at least five (5) days before the hearing or mailed to the other party at least eight (8) days before the hearing . Your responsive papers must be filed with the Court Administrator at least five (5) days before the hearing . If you want to raise new issues at the hearing the other party has scheduled, your Motion and Affidavit must be personally served on the other party at least ten (10) days before the hearing or mailed to the other party at least thirteen (13) days before the hearing. Your papers raising new issues must be filed with the Court Administrator at least ten (10) days before the hearing . Dated: Signature of person brining the Motion . Name: Street Address: City/State/Zip: Telephone: ( ) E-mail address: DIV602 State ENG Rev 7/15 www.mncourts.gov/forms Page 6 of 6