Minnesota Petition With Children For The Dissolution of Marriage Form
In case of dissolving a marriage with minor children in the State of Minnesota, the Minnesota Petition With Children For The Dissolution of Marriage Form has to be completed and submitted.
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State of Minnesota District Court County of Judicial District: Court File Number: Assigned Judge: Case Type: Dissolution with Children In Re the Marriage of: Name of Petitioner (first, middle, last) Petition For Dissolution Of Marriage With Children and Name of Respondent (first, middle, last) STATE OF MINNESOTA ) COUNTY OF )SS (County where Petition is signed) 1. Information about Petitioner Full Name: ______________________________________________________________________\ __ First Middle Last Address where you live: Street Address Apt. No. _______ City County State Zip Code Mailing address where you agree to receive papers for this case: Same as above address OR ________________________________________________________________________\ Street Address Apt. No. _______ City County State Zip Code Date of Birth: ________________________ Petitioner is the husband wife. Month Day Year List all of Petitioner’s former or other names or write “None”: First Middle Last First Middle Last DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 1 of 33 2. Information about Respondent Full Name: First Middle Last Address: Street Address Apt. No. City County State Zip Code Respondent's address is unknown to Petitioner. Respondent’s Date of Birth: ________________________ Month Day Year List all of Respondent’s former or other names or write “None”: First Middle Last First Middle Last 3. Our Marriage Petitioner and Respondent were married on: (month, day, year) , in the City of _____________________, C ounty of _______________________________, State of __________________________, Country of . 4. 180 Day Requirement Has Petitioner been living in Minnesota for the past six (6) months? YES NO Has Respondent been living in Minnesot a for the past six (6) months? YES NO UNKNOWN 5. Armed Forces Is Petitioner an active duty member of the armed forces? YES NO If YES , has Petitioner been stationed in Minne sota for the past six (6) months? YES NO Is Respondent an active duty member of the armed forces? YES NO Unknown If YES, has Respondent been stationed in Minn esota for the past (6) months? YES NO 6. Marriage Cannot be Saved There has been an irretrievable br eakdown of my marriage relationship with Respondent and the marriage cannot be saved. DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 2 of 33 7. Physical Living Situation Do Petitioner and Respondent live together at this time? YES NO If NO, the date we separated was: . Month Day Year If YES, why are you living together at this time? 8. Other Proceedings a. Has a separate court case for marriage disso lution, legal separation, custody, paternity or annulment already been started by Petitioner or Respondent in Minnesota or elsewhere? YES NO If YES, the type of court case is: , and it was started in ________________________ County in the State of __\ __________________ and the Court file number is , and the status or outcome of the case is: Open Closed I do not know b. Has a County started a Support case involving the Petitioner and the Respondent or their children? YES NO If YES, the case was started in ________________________ County in the State of ____________________ and the Court f ile number is . A copy of the Support Order is attached, or the case is Dismissed, or Pending. 9. Protection or Harassment Order Is an Order for Protection or a Harassment/Restraining Order in effect regarding Petitioner and Respondent? YES NO If YES: a. The Order protects: Petitioner Respondent the child(ren) and the Order was filed in County in State on date, and the Court f ile number is . A copy of the Order is attached. b. Does the Order for Protection incl ude an order to pay child support? YES NO 10. Juvenile Court Case Is a Juvenile Court case (child protection, delinquen cy or foster care) involving husband's and wife’s child(ren) taking place in Minneso ta or another state? YES NO DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 3 of 33 If YES , the case is in County in the State of __________________ and the Court file number is . The name of the child or children involved in the Juvenile Court case is: . 11. Children Husband and Wife h ave Together (Joint Children) “Child” means a living person under age 18, or under age 20 and still in high school. a. Are there any children born to or adopted by husband and wife together, either before or during the marriage? YES NO If YES, Full Name of Child Date of Bi rth Age Child Currently Lives With Petitioner Respondent Both parents OR _______________________(write in name) Petitioner Respondent Both parents OR ________________________(write in name) Petitioner Respondent Both parents OR ________________________(write in name) Petitioner Respondent Both parents OR ________________________(write in name) Petitioner Respondent Both parents OR ________________________(write in name) If a child is living with someone other than a parent, write the child's address below: Address: ___________________________________________________________\ ___________ Street Address Apt. No. City County State Zip Code b. Has each child born to or adopted by husband and wife together lived in Minnesota for the past six (6) months? YES NO If NO, name the child or children, name the State( s) the child has lived in during the past 6 months, and the dates the child lived in each state: DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 4 of 33 12. Adult Dependent Children Support can be ordered for a joint child over age 18 who cannot support him/herself because of a physical or mental condition. Is there an adult joint child bor n to or adopted by Husband and Wi fe who is not able to support himself or herself because of a physical or mental condition? YES NO If YES, the full name, date of birth and age of each adult dependent is: Full Name of Dependent Date of Birth Age 13. Pregnancy a. Petitioner Respondent is the wife in this marriage. b. Is wife pregnant? YES NO UNKNOWN If wife is pregnant answer (i) and (ii): (i) The date the baby is due is OR UNKNOWN Month Day Year (ii) Do Wife and Husband agree that husband is the biological father of the unborn child? YES NO If NO, Wife Husband claims husband is not the biological father of the child, and Petitioner asks the Court to issue a sepa rate order setting a hearing date for after the birth of the child to determine Paternity, unless appropria te Recognition of Parentage documents are signed by husband, wife and the biological father after the birth of the child. 14. Husband’s Children from Oth er Relationship (Non-Joint Children) Does Husband have minor child(ren) from another marriage or relationship? YES NO UNKNOWN If YES, the full name, date of birth and age of each child is: Full Name of Child and Age Date of Birth Does Child Live with Husband? Is Husband Court-Ordered to pay Child Support for this Child? YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 5 of 33 15. Wife’s Children from Other Relationship (Non-Joint Children) a. Does Wife have minor child(ren) born prior to the marriage from another marriage or relationship? YES NO UNKNOWN If YES , the full name, date of birth and age of each child born prior to the marriage is: Full Name of Child and Age Date of Birth Does Child Live with Wife? Is Wife Court-Ordered to pay Child Support for this Child? YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO b. Has Wife given birth, since marrying Husband, to a minor child who is not a child of the Husband? YES NO If YES, answer (i) , (ii), (iii) and ( iv): (i) List the full name, date of birth and age of each child born to Wife since marrying Husband, who is not a child of the Husband: Full Name of Child and Age Date of Birth Does Child Live with Wife? Is Wife Court-Ordered to pay Child Support for this Child? YES NO YES NO YES NO YES NO (ii) Is there a Court Order naming someone other than the Husband as the father of the child(ren) listed in (i) above? YES NO If YES, attach a copy of the Orde r. The Order is for: _______________________ Full Name of Child(ren) (iii) Have the Wife and biological Father si gned a Minnesota Recognition of Parentage for any of the children listed in (i) above? YES NO If YES, state the full name of the child: and attach a copy of the Rec ognition of Parentage. If NO , why not? DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 6 of 33 (iv) Has the Husband signed the “Husband ’s Non-Paternity Statement ” for any of the children listed at (i) above? YES NO If YES, state the name of the child: and attach a copy of the "Husband's Non-Paternity Statement." If NO, why not? 16. Parenting Time Petitioner's parenting time with the joint children should be: (check one) unsupervised supervised reserved Respondent's parenting time with the joint children should be: (check one) unsupervised supervised reserved If parenting time is unsupervised for both parents, skip to Question 17. For supervised parenting time answer a. and b. For reserved parenting time, answer c. a. Explain how unsupervised parenting time is likely to endanger the child's physical or emotional health or impair the child's emotional development: b. State who should supervise parenting time, and if there is a cost involved, who should pay the cost, and any other important details: c. Explain why parenting time should be reserved: DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 7 of 33 17. Public Assistance from State of Minnesota If either party is receiving public assistance from the State of Minnesota or applies for it after this proceeding is started, the Petitioner must give notice of this marriage dissolution action to the Support and Collections office for the county paying the assistance. a. Does Petitioner receive public assistance from the State of Minnesota? YES NO If YES, the assistance is from __________________ C ounty. (Check all that apply): MFIP in the amount of $___________per month Tribal TANF in the amount of $__________per month General Assistance in the amount of $___________per month Child Care Assistance MinnesotaCare Medical Assistance b. Does Respondent receive public a ssistance from the State of Minnesota? YES NO UNKNOWN If YES, the assistance is from __________________ C ounty. (Check all that apply): MFIP in the amount of $___________per month Tribal TANF in the amount of $__________per month General Assistance in the amount of $___________per month Child Care Assistance MinnesotaCare Medical Assistance c. Do the joint children of the part ies receive public assistance from the State of Minnesota? YES NO UNKNOWN If YES, the assistance is from __________________ C ounty. (Check all that apply): MFIP Medical Assistance Tribal TANF MinnesotaCare IV-E Foster Care 18. Supplemental Security Income (SSI) Supplemental Security Income (SSI) is a Federal income supplement program. It is available to low-income people if they are over age 65, or blind, or disabled. a. Does Petitioner receive Supplemental Security Income (SSI)? NO YES in the amount of $___________per month. b. Does Respondent receive Supplemental Security Income (SSI)? NO YES in the amount of $___________per month. c. Do any of the joint children of the parties receive Supplemental Security Income (SSI)? NO YES in the amount of $___________per month. Wh at is the name of the child Receiving SSI?____________________________________________________________ DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 8 of 33 19. School Is Petitioner currently enrolled in school? YES NO If Yes: a. The name of the school is . b. The type of school is High School College Vocational Other c. The type of degree exp ected is____________________________and the expected graduation date is __________________________. Is Respondent currently enrolled in school? YES NO UNKNOWN If Yes: a. The name of the school is . b. The type of school is High School College Vocational Other c. The type of degree expected is____________________________and the expected graduation date is __________________________. 20. Petitioner’s Employment a. Is Petitioner employed? YES NO Is Petitioner Self-Employed? YES NO b. Is Petitioner working at least 40 hours per week? YES NO If you are unemployed or wo rking less than 40 hours/week, answer these questions: i. Explain why you are not working or why you work less than 40 hours/week. ii. What is your past work experience (type of jobs , hours, pay, length of time at the job) and what are your professional qualifications or licenses? c. Current Employment: (If Petitioner has more than two jobs at this time, use an attachment for the additional jobs.) ________________________________________________________________________\ ____ Name of Petitioner’s Employer (If Self-Employed, list name and business address) ________________________________________________________________________\ ____ Employer’s Street Address City State Zip Code DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 9 of 33 Name of Petitioner’s Employer (If Self-Employed, list name and business address) ________________________________________________________________________\ ____ Employer’s Street Address ________________________________________________________________________\ ____ City State Zip Code Questions about Current Jobs 1st Job 2nd Job Are you paid by the hour or do you have a salary? hourly salary hourly salary What is the average number of hours you work per week? ________________hours ________________hours How much overtime pay do you receive per week on average? $_____________________ $____________________ Do you receive bonuses? Yes No If Yes, how much did you receive in bonuses last year? $_____________ How much do you expect to receive this year? $___________ If Yes, how much did you receive in bonuses last year? $_____________ How much do you expect to receive this year? $___________ 21. Petitioner’s Income NOTE: There is a separate form called "Financial A ffidavit" which you must fill out, serve on your spouse, and file with the court at the time you file this Pe tition. You must attach proof of your income to the Financial Affidavit. If you do not have income in a category, enter zero (0). Do not list public assistance benefits as income (e.g. MFIP, GA, SSI). Source of Income Amount Per Month ( before deductions/taxes) Self Employment Income $________________ (or zero) Self Employment income means gross receipts minus costs of goods sold minus ordinary and Necessary business expenses. Attach Schedule "C" from last year's tax return to this Petition. Job with __________________________ $________________per month Your monthly income from a job = Hourly wage x Hours worked per week x 4.33 (weeks per month) Second Job with _____________________ $________________ per month Third Job with ______________________ $________________ per month Commissions from all jobs $________________ per month Divide the total amount you expect this year by 12 to get a monthly average Unemployment benefits $________________ per month DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 10 of 33 Social Security Retirement, Survivors or Disability Income (RSDI) (do not include SSI) $_________________per month Investment and Rental Income $________________ per month Annuity payments $________________ per month Pension or Disability from work or military $________________ per month Worker's Compensation $________________ per month Court-ordered spousal maintenan ce you receive $________________ per month Other income____________________________ $________________ per month Identify Source Add all of the above. Total monthly income $ ________________ per month Enter the amount of child support you are court-ordered to pay for any nonjoint child(ren) \ $________________per month Enter the amount of spousal maintenance you are court-ordered to pay to your current or former spouse $_______________per month Enter the amount of Social Security or Veteran's Benefits provided to a joint child because of your retirement, disability, or other eligibili ty $________________ per month If you entered an amount, which parent receives the payment for the child? Petitioner Respondent 22. Living Expenses for the Family a. Petitioner and Respondent and our children ar e still living together. Our current monthly living expenses for our family total $ . OR b. Petitioner and Respondent are living sepa rately. Our monthly family living expenses before we separated totaled $ . At this time, Petitioner's separate monthly living expenses total $____________, and Respondent's monthly living expenses total $______________or are unknown to Petitioner. Of the total current monthly living expense for Petitioner, what dollar amount is for expenses just for the children that live with Petitioner? $_________________. Of the total current monthly living expenses for Respondent, $___________is for expenses just for th e children that live with Respondent, or this is UNKNOWN. DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 11 of 33 23. Expenses for Special Needs for the Children a. Is there a child of the parties who has special needs and extraordinary medical expenses? YES NO If Yes, Name of child with special needs: Describe the needs: b. Does Petitioner’s monthly living expense (stated at #22) include the special needs expenses for the child? YES NO c. Does Respondent’s monthly living expense (s tated at #22) include the special needs expenses for the child? YES NO 24. Respondent’s Employment a. Is Respondent employed? YES NO UNKNOWN b. Is Respondent Self-Employed? YES NO UNKNOWN c. Is Respondent working at least 40 hours per week? YES NO UNKNOWN If Respondent is unemployed or works less than 40 hours/week, answer these questions: i. Explain why Respondent is not working or why Respondent works less than 40 hours/week ii. What is Respondent's past work e xperience (type of jobs, hours, pay, length of time at the job) and professional qualifications or licenses? c. Current Employment: (If Respondent has more than two jobs at this time, use an attachment for the additional jobs.) ________________________________________________________________________\ ____ Name of Respondent’s Employer (If Self-Employed list name and business address) ________________________________________________________________________\ ____ Employer’s Street Address ________________________________________________________________________\ ____ City State Zip Code DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 12 of 33 ________________________________________________________________________\ ___ Name of Respondent’s Employer (If Self-Employed list name and business address) ________________________________________________________________________\ ____ Employer’s Street Address City State Zip Code Questions about Jobs 1st Job 2nd Job Is Respondent paid by the hour or salaried? hourly salary Unknown hourly salary Unknown ________________hours Unknown ________________hours Unknown What is the average number of hours Respondent works per week? How much overtime pay does Respondent receive per week on average? $_____________________ Unknown $____________________ Unknown Does Respondent receive bonuses? Yes No Unknown If Yes, how much did Respondent receive in bonuses last year? $___________ How much does Respondent expect to receive this year? $___________ If Yes, how much did Respondent receive in bonuses last year? $_________ How much does Respondent expect to receive this year? $___________ 25. Respondent’s Income Petitioner has no information about Respondent's income OR Petitioner does not have detailed information about Re spondent's income, but has good reason to believe that Respondent's pay is $________________ per week month year, with bonuses, overtime or commi ssions in the additional amount of $________________ per week month year. This is Respondent's Net Income (after taxes and deductions) or Gross Income (before taxes and deductions.) OR Petitioner has detailed information about Responde nt's income. If this is true, fill out the income information below. DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 13 of 33 If Respondent has no income in a category, enter zero (0). Do not list public assistance benefits as income (e.g. MFIP, GA, SSI). Respondent's Source of Income Amount Per Month ( before deductions/taxes) Self Employment Income $___________________ (or zero) Self Employment Income means gross receipts minus costs of goods sold minus ordinary and necessary business expenses. A ttach Schedule C from last year's tax return to this Petition, if available. Job with______________________________ $ ___________________ per month Monthly income from a job = Hourly wage x Hours worked per week x 4.33 (weeks per month) Second job with________________________ $____________________ per month Commissions from all jobs $____________________ per month Divide the total amount expected this year by 12 to get a monthly average Unemployment benefits $____________________ per month Social Security Retirement, Survivors or Disability Income (RSDI) (do not include SSI) $____________________ per month Investment and Rental Income $____________________ per month Annuity payments $_____________________ per month Pension or Disability from work or military $_____________________ per month Worker's Compensation $_____________________ per month Court-ordered spousal maintenance received by Respondent \ $____________________ per month Other income____________________________ $____________________ per month Identify Source Add all of the above. Total monthly income $ ____________________ per month Enter the amount of child support Res pondent is court-ordered to pay for any nonjoint child(ren) $____________________ per month Enter the amount of spousal maintenance Respondent is court-ordered to pay to a current or former spouse $____________________ per month Enter the amount of Social Secu rity or Veteran's Benefits provided to a joint child because of Respondent's retirement, disability, or other eligibility $_____________________ per month If you entered an amount, which parent receives the payment for the child? Petitioner Respondent DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 14 of 33 26. Child Care Costs Are there child care costs for the joint children because of work or school ? YES NO If YES, attach to this Petition a receipt or signed letter from the child care provider showing the cost of child care, and answer (a) (b) and (c): a. How many of your joint children need child care? One Two Three __________ b. How much does the daycare center(s) or babysitter charge per month? $ (If you pay by the week, multiply the weekly charge by 4.33 to get the charge per month. If costs vary during the year, use the total yearly costs and divide by 12.) c. Who pays the child care costs? Petitioner pays $ per month Respondent pays $ per month The County pays $ per month through a subsidy or child care assistance. If the County pays, who app lied for the child care assistance? Petitioner Respondent There is no county assistance 27. Health Care Coverage a. Minnesota Care and Medical Assistance are av ailable from the State of Minnesota for people who qualify. Who receives Minnesota Care or Medical Assistance? Petitioner Respondent Joint Children No one b. Does Petitioner currently have medical insurance? (other than MN Care or Medical Assistance) Yes No. If no, skip to c. i. Where does Petitioner get the medical insurance? through his/her employment buys private medical insurance ii. How much does the medical insurance cost? $____________per month for single coverage $____________per month for single plus spouse (if this is offered) $____________per month for family coverage iii. Who is currently covered by this medical insurance? Petitioner Respondent All the Joint Children Some of the Joint Children: Name the joint children who are covered_____________________________________ Nonjoint children DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 15 of 33 c. Does Petitioner have dental insurance? (other than MN Care or Medical Assistance) Yes No. If no, skip to d. i. Where does Petitioner get the dental insurance? through his/her employment buys private dental insurance ii. How much does the dental insurance cost? $____________per month for single coverage $____________per month for single plus spouse (if this is offered) $____________per month for family coverage Or, Dental is included in the medical insurance costs. iii. Who is currently covered by this dental insurance? Petitioner Respondent All the Joint Children Some of the Joint Children: Name the joint children who are covered____________________________________ Nonjoint children d. Does Respondent have medical insurance? (other than MN Care or Medical Assistance) Yes No Unknown. If No/ Unknown, skip to e. i. Where does Respondent get the medical insurance? through his/her employment buys private medical insurance ii. How much does the medical insurance cost? $____________per month for single coverage $____________per month for single plus spouse (if this is offered) $____________per month for family coverage iii. Who is currently covered by this medical insurance? Petitioner Respondent All the Joint Children Some of the Joint Children: Name the joint children who are covered____________________________________ Nonjoint children e. Does Respondent have dental insurance? (other than MN Care or Medical Assistance) Yes No Unknown If No/ Unknown skip to f. i. Where does Respondent get the dental insurance? through his/her employment buys private dental insurance ii. How much does the dental insurance cost? $____________per month for single coverage $____________per month for single plus spouse (if this is offered) DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 16 of 33 $____________per month for family coverage Or, Dental is included in the medical insurance costs. iii. Who is currently covered by this dental insurance? Petitioner Respondent All the Joint Children Some of the Joint Children: Name the joint children who are covered_____________________________________ Nonjoint children f. If the joint children are without health care coverage, is coverage available for purchase through Petitioner's or Respondent's employer? YES NO The children currently have health coverage 28. Spousal Maintenance a. Does Petitioner need spousal maintenance from Respondent? YES NO If YES, Petitioner is ______ years of age, Petitioner and Respondent have been married for ______ years. Petitioner has th e following education: _______________________________. Petitioner’s gross monthly income totals $ _____________ , Petitioner’s monthly expenses total $ , and Petitioner is not able to maintain the standard of living established during the marriage because: . b. Does Respondent need spousal maintenance from Petitioner? YES NO If YES, Respondent is ______ years of age, Petitioner and Respondent have been married for _______ years. Respondent has th e following education: _____________________________________ Respondent’s gross monthly income totals $ _____________ , Respondent’s monthly expenses total $ , and Respondent is not able to maintain the standard of living established during the marriage because: ________________________________________________________________________\ ___. DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 17 of 33 29. Vehicles Vehicles are cars, trucks, boats, motorcycles, snowmobiles, personal watercraft, all terrain vehicles etc. owned by husband or wife together or separately, including vehicles purchased after separation: Does Petitioner own a vehicle? YES NO Does Respondent own a vehicle? YES NO UNKNOWN List all vehicles owned by husband or wife together or separately: Type of Vehicle (car, boat, truck etc.) Year/Make/ Model Name(s) on Title Value Balance Owed Monthly Payment $ $ $ $ $ $ $ $ $ $ $ $ 30. Marital Property Marital property means almost anything that you or your spouse now own that was received or bought during the marriage, even during th e times you were separated. Marital Property includes household goods, furniture, jewelry, boats, real estate a nd other things. Marital property does not include a gift or inheritance received by one spouse alone. Has the marital property been divided alre ady to the Petitioners’ satisfaction? YES NO If NO, Petitioner requests the followi ng marital property: ________________________________________________________________________\ ________ ________________________________________________________________________\ ________ 31. Non-Marital Property Non-marital property means: (1) anything that you or your spouse owned before the marriage; (2) anything that you or your spouse received as a gift, bequest, devise, or inheritance, to you or your spouse alone ; (3) anything that you or your spouse got in trade or in exchange for your non-marital property; (4) anything that is an increase in the value of non-marital property; (5) anything you or your spouse received after the valuation date set by the court; or (6) anything defined as non-marital property by a valid antenuptial contract. a. Does Petitioner have non-marital property? YES NO If YES, list Petitioner’s non-marital property: DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 18 of 33 b. Does Respondent have non-marital property? YES NO UNKNOWN If YES, list Respondent’s non-marital property: ________________________________________________________________________\ ___. 32. Cash & Accounts – Not including Pension and Employer-Funded Retirement Accounts Does Petitioner have money in banks, savings, cash or investments? YES NO Does Respondent have money in banks, savings, cash or investments? YES NO UNKNOWN If YES, a. List all accounts owned by you alone, your spouse alone, or owned by both of you jointly including those opene d after separation. “Type of account” means check ing, savings, money market accounts, certificates of deposit, stocks, bonds, stock options, mutual funds, savings bonds, and Treasury Bills, etc. Do not include Pension or Empl oyer-Funded Retirement Accounts, which are listed at #36. Financial Institution Type of Account Account # Last 4 digits only Amount Belongs to: (name on account) XX $ XX $ XX $ XX $ XX $ XX $ b. List cash not listed at a.: Petitioner has cash in the amount of $ . Respondent has cash in the amount of $ OR UNKNOWN. 33. Business Interest Does Petitioner have an inte rest in a business? YES NO Does Respondent have an in terest in a business? YES NO UNKNOWN If YES, the name of the business is ____________________________, the address is ________________________________________________________________________\ ________ and the value is $________________. How did you arrive at this value? DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 19 of 33 34. Manufactured Home Does Petitioner own a manufactured home? YES NO Does Respondent own a manufactured home? YES NO UNKNOWN If either Petitioner or Respondent own a manufactured home, together or separately, complete the following information: a. Address of the manufactured home: in the city of , state of b. What type of home is it? (single, double-wide etc.) c. Whose name(s) is on the title? d. When was the home purchased? e. What was the purchase price? $ f. What is the current values of the home? $ g. How did you arrive at that amount as the current value? h. How much money is still owed on the home? $ i. If money is owed on the home, who is the mone y owed to? j. Do you own the land the home sits on, or do you rent a lot? Rent Own Note: If you own the lot, you must list the land at Paragraph 35. 35. Real Property - Land, Buildings, Contracts for Deed All real property now owned by Petitioner or Respondent t ogether or separately must be listed. Include real property acquired before the marriage, dur ing the marriage, and after separation. a. Do Petitioner and Respondent jointly own real property? YES NO b. Does Petitioner own real property solely in his/her own name or with someone other than Respondent? YES NO c. Does Respondent own real property solely in hi s/her own name or with someone other than Petitioner? YES NO UNKNOWN d. How many properties are owned by you and your spouse in total? None One Two Three _______ If you or your spouse own real pr operty, separately or together, complete the following information about the property. If there is mo re than one piece of real property, photocopy and complete a Real Property Information page for each piece of property. Staple the additional sheets to this Petition, and la bel each sheet "Attachment to Petition of ____________________(your name)" DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 20 of 33 Real Property Information 1. Real Estate belongs to: (List full names of all owners)_____________________________________ ________________________________________________________________________\ ________ 2. Legal Description is: (The full legal description must be included. Copy the legal description from the deed. Do not use the property ta x statement legal description. If the legal description is long, you may use an attachment. Type or print neatly.) ________________________________________________________________________\ __________ ________________________________________________________________________\ __________ ________________________________________________________________________\ __________ ________________________________________________________________________\ __________ ________________________________________________________________________\ __________ 3. Street Address of th e real property is: ________________________________________________________________________\ ________ City______________________________________State______________Zip\ Code______________ The property is in_____________________________________County. 4. Purchase date_________________(month , day, year) and purchase price:$ _______ 5. Mortgages or loans: (List all mortgages and loans on the property) There are no mortgages or loans on this property. 1st Mortgage: Amount currently owed $ and name of lender 2 nd Mortgage: Amount currently owed $ and name of lender Other mortgages or loans: 6. Current Market Value of this property: $___________________________________ How did you arrive at this value? 7. This property is the ho mestead: _______Yes _________No DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 21 of 33 36. Retirement Plans a. Does Petitioner have a retirement account? (I RA, 401(k), 403(b) or other) YES NO If YES: a) The account number is: (last 4 digits only) b) The name of the bank that has the account is: c) The current account balance is: b. Has Petitioner , or Petitioner’s past or present em ployer, union, or other group, paid money into a pension, profit sharing, or other retirement plan for Petitioner? YES NO If YES: a) The name of the plan is:____________________________________________________ b) The employer, union or group provi ding the plan is: c) The date Petitioner began working at the job or joined the union or group plan is: d) The type of plan is: (e.g. defined benefit, defined contribution) e) The present value of the pens ion or plan is: c. Does Respondent have a retirement account? (IRA, 401(k), 403(b) or other) YES NO UNKNOWN If YES: a) The account number is: (last 4 digits only) b) The name of the bank that has the account is: c) The current account balance is: d. Has Respondent , or Respondent’s past or present employer, union, or other group, paid money into a pension, profit sharing, or other retirement plan for Respondent? YES NO UNKNOWN If YES , and it is a Pension, Profit-Sharing, or other Retirement Plan: a) The name of the plan is: b) The employer, union or group providing the plan is: c) The date Respondent began working at th e job or joined the union or group plan is: d) The type of plan is: (e.g. define d benefit, defined contribution) e) The present value of the pension or plan is: ___________________________________ DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 22 of 33 37. Debts Does Petitioner have debt? YES NO Does Respondent have debt? YES NO UNKNOWN If YES, list debts in your name, your spouse’s na me and in both names jointly. Include unpaid debts from before the marriage date, during the marriage, and after separation. Fill in all information completely and attach a nother sheet of paper if necessary. Money is owed to: Money was used for: Whose Name is on the Account and When was the Debt Incurred? Name Date Balance Owed Monthly Payment $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Debt $ $ 38. Name Change Does Petitioner want to change his/her name? YES NO If YES, answer (a) through (c) below: a. Petitioner’s name should be changed to First Middle Last Is this name a former legal name or maiden name? YES NO If NO, the reason Petitioner wants to change to this name is: _________________________________________ _______________________________________________________________________\ _____ ________________________________________________________________________\ ____ DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 23 of 33 b. Petitioner has no intent to defraud or mi slead anyone by changing his/her name: True False c. Has Petitioner been convicted of a felony? YES NO If YES, answer i. and ii: i. Petitioner has given notice of this requ est for name change to the proper authority as required by Minn. Stat. Section 259.13. (See Felon Name Change Instructions) ii. Petitioner has attached to this Petition an Affidavit of Service of the Notice marked Exhibit “A”. 39. Other Include other facts you thi nk the Court should know. ________________________________________________________________________\ ________ ________________________________________________________________________\ ________ ________________________________________________________________________\ ________ ________________________________________________________________________\ ________ BASED UPON THE ABOVE INFORMATION, Peti tioner requests that the Court issue a final judgment and decree granting the following relief: 1. Dissolving the bonds of matrimony between Petitio ner and Respondent to end the marriage. 2. Legal Custody : Legal Custody means which parent(s) have a say in the major decisions regarding the child(ren)’s life including education, religious upbringing and medical treatment. Granting legal custody of each minor child of the parties as follows: Name of Child Granting Legal Custody: Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 24 of 33 3. Physical Custody: Physical custody identifies which parent(s) will handle the routine daily care and control of the child(ren). Granting physical custody of each of the minor children of the parties as follows: Name of Child Granting Physical Custody: Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. Solely to Petitioner OR Solely to Respondent OR Jointly to both parties. 4. Parenting Time a. Petitioner's parenting time shall be: Unsupervised Supervised Reserved b. Respondent's parenting time shall be: Unsupervised Supervised Reserved c. Parenting Time Schedule shall be as follows: (Clearly explain the time each parent will spend with each child. Include the time (o'clock) when the child will transfer from one parent to the ot her. If you want the order to say who will pick up and drop off the child, incl ude that under "Other.") Regular schedule: Monday through Friday: Weekends: DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 25 of 33 Summer (if you want a different schedule in summer) Telephone contact with the child(ren): Unlimited or Only at certain times as follows: (describe the days and times when the parent and child(ren) may have telephone contact) Exceptions to the Regular Schedule: You can have a different schedule for holidays, school release days, and birthdays. If you do not want a different schedule, leave it blank. School Release days or breaks dur ing the school year Any school release day schedule will supercede the regular parenting schedule. Birthdays (child's birthday, parent's birthday) Holidays Any holiday or birthday schedule will supercede th e regular and school release parenting schedule. Other d. Under the above Schedule: The children are with Petitioner: The children are with Respondent: less than 10% of the time less than 10% of the time 10-45% of the time 10-45% of the time 45.1-50% of the time 45.1-50% of the time more than 50% of the time more than 50% of the time DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 26 of 33 5. Child Support Ordering the payment of child s upport based on each parent's income. If either parent fails to provide income information, the court will se t child support based on the available evidence and Minnesota law. 6. Health Care Coverage for the Joint Children Choose a, b, or c. a. Petitioner Respondent shall provide medical insurance for the joint minor child(ren): through his/her employer or union OR by obtaining and paying for private insurance. Petitioner Respondent shall provide dental insurance for the joint minor child(ren): through his/her employer or union OR by obtaining and paying for private insurance. The other parent must cont ribute to the costs of health coverage as required by law. OR b. If Medical Assistance or Minnesota Care is open for the child(ren), ordering the non-custodial parent to ma ke a sum certain payment as reimbursement through income withholding through the Minnesota Child Support Payment Center. OR c. Reserving the issue of medical and dental insurance for the minor children. d. Other: ____________________________________________________________ ________________________________________________________________________\ ________________________________________________________________________\ . 7. Unreimbursed Medical and Dent al Costs for the Children "Unreimbursed medical and dental costs" are expenses not covered by insurance, not paid by medical assistance, and not paid by the State of Minnesota. Examples include deductibles, co-pays, and procedures not covered by insurance or assistance. Choose a. or b. a. Ordering each parent to pay a share of the unreimbursed medical and dental costs for the child(ren) of the parties, based on the relative incomes of the parties; OR b. Reserving the issue of unreimbursed medical and dental costs. DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 27 of 33 8. Medical and Dental Insurance for the Parties a. Ordering each party to provide for his or her own medical dental insurance. b. Ordering ____________________________(full name) to provide medical dental insurance for ______________________________________________ (full name). c. Allowing____________________________(full name), at his/her own expense, to continue the dependent coverage available unde r the other party’s insurance plan, pursuant to federal and state statutes. d. Reserving the issue of medical a nd dental insurance for the parties. 9. Child Care Expenses a. Ordering Petitioner and Respondent to each pay a share of the monthly child care expenses, according to Minnesota law; OR b. Reserving the issue of child care expenses. 10. Spousal Maintenance a. Maintenance is denied to Petitioner and Respondent. b. Reserving the issue of maintenance. c. Ordering Petitioner Respondent to pay spousal maintenance to Petitioner Respondent. 11. Vehicles Awarding the vehicles as follows and ordering the party receiving the vehicles to pay for any loans or insurance for such vehicle: Year / Make / Model Awarded to: DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 28 of 33 12. Marital Property Dividing the parties’ marital property, household goods, furniture and furnishings either: a. As currently divided OR b. As follows (attach additi onal page if necessary): To Petitioner: To Respondent: 13. Non-Marital Property Dividing the parties non-marital property a. As currently divided OR b. As follows (attach addi tional page if necessary): To Petitioner: To Respondent: 14. Cash and Accounts a. Awarding the savings, and investments as follows: Institution Type of Account Account # (Last 4 digits only) Amount Awarded to XX $ XX $ XX $ XX $ XX $ XX $ b. Awarding any cash not included in a. above to the party who currently has the cash OR Awarding the cash as follows: DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 29 of 33 15. Business None OR Awarding the parties’ business as follows: ___________________________________________ ________________________________________________________________________\ _______ ________________________________________________________________________\ _______ 16. Manufactured Home None OR Awarding the manufactured home located at : street address city state to Petitioner Respondent. The debt on the manufactured home owed to: shall be paid by Petitioner Respondent. 17. Real Property None OR Awarding solely to Petitioner Respondent all right, title, and interest of husband and wife in the real property located at: Street address_________________________________________________________________\ __ in the City of , County of ___________________________, State of , which has the following legal description: ______________ ________________________________________________________________________\ _______ ________________________________________________________________________\ _______ with the following mortgages and loans to be paid, after the divorce is final, by Petitioner Respondent: 1st Mortgage: Amount currently owed: $ and name of lender: 2nd Mortgage: Amount currently owed: $ and name of lender: and subject to the following liens or other agreements: DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 30 of 33 A lien in favor of Petitioner Respondent in the amount of $ . Other request regarding the property: (describ e the request fully) 18. Additional Real Property None OR Awarding solely to Petitioner Respondent all right, title, and interest of husband and wife in the real property located at: Street address_________________________________________________________________\ __ in the City of , County of ___________________________, State of , which has the following legal description: ______________ ________________________________________________________________________\ _______ ________________________________________________________________________\ _______ with the following mortgages and loans to be paid, after the divorce is final, by Petitioner Respondent: 1st Mortgage: Amount currently owed: $ and name of lender: 2nd Mortgage: Amount currently owed: $ and name of lender: and subject to the following liens or other agreements: A lien in favor of Petitioner Respondent in the amount of $ . Other request regarding the property: (describ e the request fully) DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 31 of 33 19. Retirement Funds a. Awarding Petitioner’s pension, profit sharing, retirement plan, I.R.A., or 401(k) or other retirement fund as follows: 100% to Petitioner OR Dividing Petitioner's retirement benefits fa irly and equitably between the parties. b. Awarding Respondent’s pension, profit shari ng, retirement plan, I.R.A.or 401(k) or other retirement fund as follows: 100% to Respondent OR Dividing Respondent's retirement benefits fairly and equitably between the parties. 20. Debts a. Dividing the debts as follows and ordering each party to hold the other harmless from any responsibility for the debts so divided. Include all debts listed at 37 above. Debt Owed To: To Be Paid By: b. Ordering that each party is solely responsible for paying any other debts incurred solely by him or her and ordering each party to hold the other harmless from any responsibility for such separately incurred debts. 21. Name Change Petitioner is not requesting a name change; OR Changing Petitioner’s name to: First Middle Last DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 32 of 33 22.Other:_______________________________________________________________________\ ______ ________________________________________________________________________\ _____________ ________________________________________________________________________\ _____________ ________________________________________________________________________\ _____________ ________________________________________________________________________\ _____________ 23. Ordering such other relief as the Court deems just and equitable. 24. READ and SIGN the Verification and Acknowledgments. STATE OF MINNESOTA ) ) SS COUNTY OF ) (County where Petition is signed) Verification and Acknowledgments 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 Minne sota or in any other State to be a frivolous litigant and I am not the subject of an Order prec luding 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. d. I understand that if I am not telli ng the truth or if I am misleading the Court or if I am 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 the serving or filing this document, Court costs, and reasonable attorney’s fees. I understand that I could also be prosecuted for perjury if I am not telling the truth in my Petition. DATE: / / Month Day Year Petitioner’s Signature ( Sign only in presence of notary public) Mailing Address (Street): City, State Zip Code: Telephone: ( ) Subscribed and sworn to before me this ______day of _____________, ______. _______________________________ Notary Public or Court Clerk DIV802 State ENG Rev 1/07 www.mncourts.gov/forms Page 33 of 33
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