Fill and Sign the Summons Petition Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, SUMMONS AND , Respondent, THE STATE OF MINNESOTA TO THE ABOVE-NAMED RESPONDENT: YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon Petitioner's attorney an Answer to the Petition for dissolution of marriage, which is herewith served upon you, within thirty (30) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Petition for Dissolu tion of Marriage. *** NOTICE OF PROCEEDING AFFECTING REAL PROPERTY *** The dissolution of marriage sought by Petitioner herein shall affect or bring into question title or encumbrance of ONE parcel of real property. That parcel, located at County , State of Minnesota, is legally described as follows.       *** NOTICE OF TEMPORARY RESTRAINING PROVISIONS *** - 1 - UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS DISMISSED: (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING; (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR BENEFICIA - RY DESIGNATION. IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT TO SANCTIONS BY THE COURT. Dated : _____________________________ Attorney for       (Address) (Address) (City, State, Zip) (Telephone Number) (Fax Number) - 2 - STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, PETITION AND , Respondent, , Petitioner above-named, states and alleges as follows: I. The true and correct name, address, date of birth, age, social security number and former names of Petitioner are as follows: Name: Address: Date of Birth: Age: Social Security No.: Former Names: II. Petitioner is represented in this proceeding by , Attorney at Law, Registration Number . - 3 - III. The true and correct name, address, date of birth, age, social security number and former names of Respondent are as follows: Name: Address: Date of Birth: Age: Social Security No.: Former Names: IV. Respondent's representation by counsel with respect to this proceeding, if any, is unknown to Petitioner at this time. V. Petitioner and Respondent were duly married to each other on , at , County, Minnesota, and since that date have been and are now husband and wife. The parties were separated on , 20__ . VI. Both parties have /// Petitioner has lived in the state of Minnesota for more than 180 days immediately preceding the commencement of this action. Petitioner presently continues to reside in County, Minnesota. VII. On information and belief, Petitioner asserts that no separate proceeding for dissolution of marriage or legal separation is pending in any court in the state of Minnesota or elsewhere. VIII. - 4 - There has been an irretrievable breakdown of the marriage relationship of the parties pursuant to Minnesota Statutes ? 518.06, as amended. IX. Petitioner's action is filed in good faith and for the purposes set forth herein. X. Neither party hereto is in the military service of the United States or any of its allies. XI. There are minor children as offspring of this marriage namely, Respondent is not presently pregnant. The parties are fit and proper persons to have permanent and temporary joint legal custody of each of their minor children. It is in the best interest of the minor children of the parties that permanent and temporary sole physical custody of each should be awarded to subject to reasonable and liberal visitation by It is in the best interest of the parties' minor children that should exercise temporary visitation pursuant to the following schedule, (list all pick up and drop off times, who carries, holidays with times, etc., in excruciating detail) - 5 - Petitioner (education/employment/earnings/expenses) Respondent (education/employment/earnings/expenses) c/s med support daycare support . I light of the inequality of the parties' earnings compared to their respective needs, the length of their marriage, the (recipient's earning capacity and education) , and the absence of sufficient property to permit (recipient) to maintain a standard of living comparable to (payors) or comparable to the standard of living of the parties while married, it is appropriate that (payor) should be ordered to pay permanent spousal maintenance to (payee) in an amount (of $ @@@ ) (to be determined by the court). The parties are owners as joint tenants of a single family residence located at , , County of , State of Minnesota, legally described as follows, That home was purchased by the parties on for fmv how derived encumbrance (tax basis ?) non-marital claims source of purchase funds Bank accounts. - 6 - Straight out financial investments (mutual funds, stocks, etc.) . Tax deferred retirement assets with specific rationale for stated valuation. Vehicles Heirlooms personal tools plaster ducks Miscellaneous household goods and furnishings ### The parties have equitably divided their miscellaneous household goods and furnishings. ### On information and belief, Petitioner asserts that the parties are capable of resolving remaining issues of equitable division of miscellaneous household goods and furnishings by agreement without further intervention of the court. ### . Other secured debts -- fmv encumbrance in favor of whom purchase money lien or contractual lien approximate amount of encumbrance as of what date who liable to third parties awarded to whom along with responsibility for encumbrance what assurance to third parties Unsecured debts -- specially incurred how incurred when by whom for what - 7 - whose liability with respect to third parties why special Miscellaneous unsecured debts with approximate balances as of @ set forth below, creditor, account #, { if exception: approximate balance as of } $ . ; Petitioner desires to resume her former name of Geronimo's Ghost as part of the marital dissolution herein. She seeks that change in good faith and not for the purpose of evading any creditor. Where each party shall possess sufficient resources following distribution, each should pay their own attorneys' fees and costs, if any. Service by mail at the address of counsel of record or at a pro se party's last known residence may reasonably be expected to provide actual notice to either party of further action of the court. WHEREFORE PETITIONER PRAYS that the court may enter a decree of dissolution providing relief as follows, 1. Dissolving the bonds of matrimony heretofore existing between the parties. 2. custody legal physical viz . earning capacity income expenses c/s med suppt daycare sp/m . Awarding Petitioner all right, title, and interest in the homestead of the parties located at , , County, State of Minnesota, subject to all existing encumbrances. - 8 - Providing that Petitioner shall be solely responsible as between the parties for all expenses and liabilities related to that property. That property is legally described as follows, . Ordering Respondent to provide Petitioner with an effective quit-claim deed of his interest in that property within thirty days of entry of the court's decree of dissolution. If no effective quit- claim deed has been provided, the decree of dissolution shall have the same effect beginning at the date of entry. Awarding Petitioner , subject to any encumbrance thereon. Awarding Respondent Awarding Petitioner any remaining balance in the parties joint checking account at Bank, account number . Ordering Petitioner to close that account within ten days of entry of the court's decree. . Awarding Petitioner all rights to the personal savings account in name at , free and clear of any claim by Respondent. . Awarding Respondent all rights to any bank accounts solely in his name, free and clear of any claim by Petitioner. Ordering the parties to liquidate their money market account and to apply all proceeds first to the parties' joint 1996 federal and state income tax obligations and any remaining balance to the parties' marital debt to , account # . BE CAREFUL WITH THIS >>>> . Awarding each party all rights to any pension or retirement assets in existence in their name, free and clear of any claim by the other party. - 9 - . Awarding each party the wedding or engagement rings currently in their respective individual possession, free and clear of any claim by the other. Ordering Petitioner to deliver Respondent's non-marital family silver now in her possession to Respondent at such time as he shall satisfy one half the balance due on , approximately $ , including payment of interest accrued on one half that balance over the period of repayment. . Awarding each party the miscellaneous household goods and furnishings currently in their respective possession. . Ordering each party to pay one half of the balance of the parties' marital debt to , account # approximately $ , plus any interest accrued on that party's respective share over the period of repayment. . Ordering Petitioner's former name, , restored upon entry of the court's decree. . Ordering that each party shall be solely responsible as between the parties for their own respective non-marital student loans. Ordering that each party shall each be responsible for their own attorneys fees and court costs with respect to this proceeding. . Providing such other relief as the court may deem just and equitable under the circumstances. . Providing that , except as specifically modified by the express terms above, Appendix A, attached, is incorporated herein by reference . Dated : __________________________________ Attorney for @@@ (Address) (Address) - 10 - (City, State, Zip) (Phone Number) (Fax Number) - 11 - VERIFICATION State of Minnesota ) ) s.s. County of ) I, , having been duly sworn upon oath, state that I am the person who makes the foregoing Petition for dissolution of marriage in the above-entitled proceeding; that I have read said Petition and know the contents thereof, and that the same is true of my own knowledge except as to those matters therein stated on information and belief, and as to those matters, I believe them to be true. ________________________________________ _______________________________________ Petitioner @@@ PETITIONER Subscribed and sworn to before me this ____ day of _____________, 20__. ___________________________________ Notary Public SECTION 549.211 ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes Section 549.211, to the party against whom the allegations in this pleading are asserted. ________________________________________ Attorney for Petitioner - 12 -