Free FAMILY COURT MATTER - Minnesota


File Size: 158.8 kB
Pages: 15
Date: January 16, 2009
File Format: PDF
State: Minnesota
Category: Court Forms - State
Author: Administration
Word Count: 5,401 Words, 30,104 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.courts.state.mn.us/forms/public/forms/Divorce__Dissolution/Temporary_Relief_without_Children/DIV601.pdf

Download FAMILY COURT MATTER ( 158.8 kB)


Preview FAMILY COURT MATTER
FAMILY COURT MATTER
INSTRUCTIONS For REQUEST FOR TEMPORARY RELIEF PENDING FINAL HEARING WITHOUT CHILDREN
Use these Instructions for completing the following court forms: Notice of Motion and Motion for Temporary Relief Without Children Affidavit in Support of Motion for Temporary Relief Without Children Application for Temporary Relief Affidavit of Personal Service Affidavit of Service by Mail

Helpful materials may be found at your public county law library. For a directory, see http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 1 of 15

IMPORTANT NOTICES
USE THE REQUEST FOR TEMPORARY RELIEF WHTOUT CHILDREN FORM ONLY IF YOU AND YOUR SPOUSE DO NOT HAVE MINOR CHILDREN TOGETHER. COURT PERSONNEL AND THE COUNTY ATTORNEY'S OFFICE CANNOT HELP YOU FILL OUT COURT FORMS. THE COURT EXPECTS EVERY PERSON WHO APPEARS IN COURT WITHOUT A LAWYER TO KNOW THE LAW. IF YOU ACT AS YOUR OWN LAWYER, YOU MUST DO WHAT A LAWYER WOULD DO. YOU SHOULD SEE A LAWYER IF YOU DON'T KNOW HOW TO ANSWER THE QUESTIONS ON COURT FORMS OR IF YOU THINK YOUR SPOUSE WILL HIRE A LAWYER. YOU MUST FILL OUT ALL NECESSSARY FORMS FOR BRINGING A REQUEST FOR TEMPORARY RELIEF AND YOU MUST FOLLOW THE INSTRUCTIONS COMPLETELY. TYPE YOUR ANSWERS OR PRINT NEATLY USING DARK INK. IF YOU NEED MORE SPACE TO ANSWER A QUESTION, USE AN ADDITIONAL FULL SHEET OF PAPER.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 2 of 15

INSTRUCTIONS
Step 1 Fill Out the Notice of Motion and Motion for Temporary Relief Form
Fill out the Notice of Motion and Motion for Temporary Relief form (DIV602). This form tells the court and your spouse what you are asking for from the court on a temporary basis until the final divorce decree is issued, and the date and time of the hearing. FILL IN THE TOP PART OF THE FORM The information to fill out the top part of the form can be found at the top of the Petition for Dissolution of Marriage. This information is known as "the caption," and will be the same on every form you fill out. Fill in the "Case No." as found at the top of the Petition for Dissolution of Marriage. On the line marked "Name of Petitioner," write the full name of the Petitioner as found on the Petition for Dissolution of Marriage. On the line marked "Name of Respondent," write the name of the Respondent as found on the Petition for Dissolution of Marriage. Check off whether your spouse is listed as the Petitioner or Respondent in this case. Write the full name and street address of your spouse. DO NOT FILL IN THE DATE, TIME AND LOCATION OF THE HEARING YET. YOU WILL DO THAT AS PART OF STEP 4.

FILL OUT THE REST OF THE FORM
The instructions that follow are numbered the same as the questions on the Notice of Motion and Motion form. 1. Mediation A mediator is a person outside the court system who helps the parties to reach an agreement to settle their differences, instead of having someone else (the Judge) decide for the parties. NOTE: The court cannot order you and your spouse to attend mediation if you or your spouse allege domestic violence. Check off whether you want the court to order you and your spouse to use a mediator to attempt to reach an agreement regarding one or more of the issues listed. If YES, then check off which issue(s) you would like a mediator to help you with.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 3 of 15

2.

Maintenance Formerly called "alimony," maintenance is an amount paid by one person to the other to help cover living costs and personal expenses. Check off how you would like the court to decide the issue of temporary maintenance. Check box (a) if neither you nor your spouse should receive temporary maintenance. Check box (b) if you do not want the court to decide the issue of maintenance at this time. Check box (c) if you want your spouse to pay you a specific amount for temporary maintenance, and then fill in that amount. Attorney's Fees Check off how you would like the Court to decide the issue of attorney's fees. Check box (a) if you want the court to order you and your spouse to each pay your own attorney's fees. Check box (b) if you want your spouse to pay some or all of your attorney's fees, and then fill in the amount that your spouse should pay you. Check box (c) if you do not want the court to decide the issue of attorney's fees at this time. Use of Parties' Home Check off how you would like the court to temporarily divide use and possession of the parties' home and who should pay the mortgage and other expenses for the home: Check (a) if you alone want to have sole use and possession of your home until the final decree is issued. Check off who will pay the mortgage and other expenses for the home. Check (b) if you want your spouse alone to have sole use and possession of your home until the final decree is issued. Check off who will pay the mortgage and other expenses for the home. Check (c) if both you and your spouse should share use and possession of your home until the final decree is issued. Write in the expenses for the home and who should pay each housing expense.

3.

4.

5.

Household Goods, Furniture and Furnishings Check off how you would like the court to temporarily divide the use and possession of the parties' household goods, furniture and furnishings: Check (a) if both you and your spouse should keep the use and possession of the items you each have in your possession until the final decree is issued. Check (b) if you should have sole use and possession of certain items until the final decree is issued and then list those items. Check (c) if your spouse should have sole use and possession of certain items until the final decree is issued and then list those items.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 4 of 15

6.

Vehicles The court may temporarily allow you and your spouse to use and possess certain vehicles. The court may also order one party to make loan payments and insurance payments on a vehicle, even if that party does not have use and possession of the vehicle. If you and your spouse own any vehicles, check box (a) and for each vehicle owned by the parties, list the year, make and model, and then identify to whom use and possession of the vehicle should be temporarily awarded and who should be responsible for the payment of the vehicle's loan and insurance. If you and your spouse do not own any vehicles, check box (b). Debt payments If you and your spouse have debts, check box (a) and for each debt that you and/or your spouse have, write in the name of the creditor (to whom you owe the money), the account number, the total balance owed, the amount to be paid each month and who should pay the debt each month. If you and your spouse do not have any debts, check box (b). Insurance By law, all currently available insurance coverage must be maintained and continued without change in coverage or beneficiaries. Check off whether you want the court to allow you to change certain insurance policies covering you, your spouse, or minor child(ren). If YES, write in the policy and the changes that you wish to make. Reinstate insurance Check off whether you want the court to order your spouse to reinstate insurance that (s)he allowed to lapse. If YES, write in the insurance that should be reinstated. Income changes Check off whether you want the court to order your spouse to notify you immediately notify you of any income raises, bonuses, or other extra income, including tax returns. Spend income Check off whether you want the court to order your spouse to not spend any income raises, bonuses, or other extra income, including tax returns. Restraints By law, you and your spouse are not allowed to dispose of any assets except for the necessities of life, by a written agreement, or to pay for an attorney. Paragraph 12 does not require you to write anything. Check off whether you want the court to allow you to sell, give away, or discard property that may belong to you, your spouse, or the parties together and explain why. Harassing behavior By law, you and your spouse cannot harass each other. You do not need to write anything for this paragraph/question.

7.

8.

9.

10.

11.

12.

13. 14.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 5 of 15

15. 16.

Check off whether you want the court to grant additional relief. If YES, write in the specific additional requests. You do not need to write anything for paragraph/question 16. Read the Acknowledgment and sign it. Minnesota law requires the attorneys and parties proceeding pro se to sign the acknowledgment. By signing this, you are verifying that your legal papers are not being presented for any improper purpose (such as to harass your spouse or to delay the proceeding), that the law allows you to take this action, your statements are true and supported by evidence. If you are denying your spouse's statements, your denial also must be supported by evidence. Sign the Notice of Motion and Motion for Temporary Relief form. Fill in the date, your address and telephone number.

Step 2 Fill Out the Affidavit form
Fill out the Affidavit form (DIV603). This form gives the court the information it needs to make a decision. FILL OUT THE TOP PART OF THE FORM: Fill out the top part of the form the same way you did on your Notice of Motion and Motion for Temporary Relief form in Step 1 above. On the blank line after it says "STATE OF MINNESOTA, COUNTY OF in the name of the County where you are when you sign this Affidavit form. Write your name on the line above the first numbered paragraph. FILL OUT THE REST OF THE FORM: The instructions that follow are numbered the same as the questions on the Affidavit form. 1. Check off whether you are the Petitioner or Respondent in this case as listed in the top part of the form (caption) the same way you did on the Notice of Motion and Motion for Temporary Relief Without Children. Check your request regarding temporary spousal maintenance the same as you did on the Notice of Motion and Motion for Temporary Relief Without Children. If you are asking for temporary spousal maintenance, fill in the amount you need each month from your spouse and explain why you are not able to support yourself. Tell the court about your work history, whether you earn more or less now than you did before, whether you have any medical, physical or psychological problems that limit your ability to work and any other facts that make it difficult or impossible to support yourself. ," fill

2.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 6 of 15

3.

Check whether you are asking the court to order your spouse to pay your attorney's fees the same as you did in your Notice of Motion and Motion for Temporary Relief Without Children. Explain why you need your spouse to pay your attorney's fees. Check who should temporarily live in your house the same as you did in your Notice of Motion and Motion for Temporary Relief Without Children. Explain your reasons why the Court should grant your request. Be specific. Check whether you and your spouse have divided your personal property, household goods and furniture the same as you did in your Notice of Motion and Motion for Temporary Relief Without Children. If you and your spouse have not divided the personal property, explain the specific terms that you want and why you should have them. Explain the specific items your spouse should have and why (s)he should have them. Check whether you or your spouse own motor vehicle(s) the same as you did in your Notice of Motion and Motion for Temporary Relief Without Children. If you or your spouse own motor vehicle(s), write in the motor vehicle(s) you want and the reason(s) you should have the vehicle(s). Then, write in the motor vehicle(s) your spouse may have and the reason(s) your spouse should have the vehicle(s). Check if you are going to make the payments and the insurance costs for your motor vehicle(s) the same way you did in your Notice of Motion and Motion for Temporary Relief Without Children. If you want your spouse to make these payments, write in why your spouse should be ordered to do this. Check if your spouse is going to make the payments and the insurance costs for his or her motor vehicle(s). If not, explain who will make these payments and why.

4.

5.

6.

7.

Check whether you and your spouse have debts. If there are debts, explain in detail who should pay the debt and why that person should be ordered to pay that debt. Check whether you want to change any insurance policies the same way you did on your Notice of Motion and Motion for Temporary Relief Without Children. If you want to change any policy, write the name of the policy you want to change, what the change will be, and why you want to change it. Check whether there is insurance you want reinstated. If YES, explain what insurance has lapsed or has been cancelled, when it lapsed or was cancelled, who let it lapse or had it cancelled, and why it should be reinstated. Check if you asked the Court in your Notice of Motion and Motion for Temporary Relief Without Children to order your spouse to notify you of any salary or wage increases, bonuses or other extra income. Check all possible sources for this increased income or list the specific sources. If YES, write in why you need this information.

8.

9.

10.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 7 of 15

11.

Check whether you want the court to order your spouse not to spend or use other income. If YES, explain why you want the court to order this. If you asked the court in your Notice of Motion and Motion for Temporary Relief Without Children to allow you to sell or otherwise dispose of specific property or items. List the specific property or items here and then explain why the court should grant you permission to sell or otherwise dispose of this property or these items. If you asked the court for additional relief, explain why the court should grant this request.

12.

13.

DO NOT DATE AND SIGN YOUR AFFIDAVIT UNTIL YOU ARE IN THE PRESENCE OF A NOTARY PUBLIC OR COURT ADMINISTRATOR/DEPUTY. MAKE SURE TO BRING PICTURE IDENTIFICATION WITH YOU TO SHOW TO THEM.

Step 3 Fill Out the Application for Temporary Relief Form
Fill out the Application for Temporary Relief form (DIV604). This form gives the Court background information regarding you and the other party. FILL OUT THE TOP PART OF THE FORM: Fill out the top part of the form the same way you did on your Notice of Motion and Motion for Temporary Relief Without Children form in Step 1 above. On the right hand-side of the page, check whether this is the Application of the Petitioner or the Respondent. On the blank line after it says "STATE OF MINNESOTA, COUNTY OF in the name of the County where you are when you sign this Application. Write in your name. Check the box that identifies you as Petitioner or Respondent, and then as Wife or Husband. FILL OUT THE REST OF THE FORM: The instructions that follow are numbered the same as the questions on the Application. 1. Fill in the date you and your spouse were married, and the ages of the Wife and the Husband. ," fill

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 8 of 15

2.

Fill in how long you and your spouse have been separated (for example: 0 months, 7 months), and the amount, if any, that has been paid by the Husband or Wife to the other during the period of separation. a. Check whether the parties' home is owned or rented. Check whether the Husband, Wife or both parties now live(s) in the home, and list other people who live in the home. List the number of children, if any, the wife has from a prior marriage or relationship, and the amount of money the wife pays or receives for the support of the child(ren). List the number of children, if any, the husband has from a prior marriage or relationship, and the amount of money the husband pays or receives for the support of the child(ren). Under the column labeled "Wife," list the market value, balance due, and year and make of all cars owned or used only by the wife. Under the column labeled "Husband," list the market value, balance due, and year and make of all cars owned or used only by the husband. Under the column labeled "Wife," list the market value of all stocks, bonds and notes ONLY in the wife's name. Under the column labeled "Husband," list the market value of all stocks, bonds and notes ONLY in the husband's name. Under the "both" column, list the market value of all stocks, bonds and notes in the names of BOTH the husband and the wife. Under the column labeled "Wife," list the amount of cash and savings in ONLY the wife's name. Under the column labeled "Husband," list the amount of cash and savings in ONLY the husband's name. Under the "both" column, list amount of cash and savings in the names of BOTH the husband and the wife. Under the column labeled "Wife," list the value of all accounts receivable in ONLY the wife's name. Under the column labeled "Husband," list the value of all accounts receivable in ONLY the husband's name. Under the "both" column, list the value of all accounts receivable in the names of BOTH the husband and the wife. Under the column labeled "Wife," list the market value of all real property listed ONLY in the wife's name. Under the column labeled "Husband," list the market value of all real property listed in ONLY the husband's name. Under the "both" column, list the market value of all real property listed in the names of BOTH the husband and the wife.

3.

b.

c.

4.

a.

b.

c.

d.

e.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 9 of 15

5.

a.

List the name of each creditor with whom the parties have a secured debt. A secured debt is one for which you have pledged collateral. Do not include as a secured debt any debt listed in question 4 (including cars or home). List the balance due on each secured debt. List the monthly payment for each secured debt. List whether the husband or wife or both parties are obligated to pay for each secured debt. List the security pledged for each secured debt.

b. c. d.

e. 6.

Under the column labeled "Wife/Husband Expenses," circle whether you are the wife or the husband and then list the amount of your necessary monthly expenses. In the column labeled "Children/Expenses," list the necessary monthly expenses of your child(ren), whether you pay for that expense, and whether the child(ren)'s expenses are separate from your expenses. Make sure you list the MONTHLY amount, and NOT the ANNUAL amount. If you pay an item only one time per year (for example: life insurance), figure out what the monthly cost is by dividing the annual amount by 12. a. Circle whether you are the husband or the wife. Print the name of your employer and write in the type of job you have. Print the name of the other party's employer and write in the type of job the other party has. ATTACH A COPY OF THE PAYCHECK STUB(S) OF BOTH YOU AND YOUR SPOUSE FOR AT LEAST THE LAST MONTH AND, IF POSSIBLE, FOR THE LAST THREE MONTHS TO FORM 11.2. If you are self-employed, attach copies of your federal and state income tax returns with all schedules for the last two years. b. (1) Write your GROSS (before taxes) MONTHLY income, then do the same for your spouse. If you are paid one time per month, write the gross monthly amount on the line. If you are paid two times per month, (such as on the 1st and 15th of the month), add together these two gross amounts, and write that amount on the line. If you are paid every other week, multiply the gross amount from one paycheck by 26 (the number of times you are paid each year), divide that amount by 12 and write that amount on the line. If you are paid only one time per year, divide that gross amount by 12 and write that amount on the line. Write in amounts deducted from your income, including Federal Income Tax, State Income Tax, Social Security (FICA) and Medicare, pension deduction, union dues, health/hospitalization coverage for you and your

7.

(2)

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 10 of 15

family, and dental coverage for you and your family. Do the same for your spouse. (3) Add together all deductions from your income and write that amount on the line. Do the same for your spouse's income. To figure out your NET income, subtract line 3 from line 1. Do the same for your spouse. List the type and amount of other deductions from your income (for example: child support). Do the same for your spouse. Add together all your "other deductions," and write that on the line. Do the same for your spouse. To figure out your NET take-home pay, subtract line 6 from line 4. Do the same for your spouse.

(4)

(5)

(6)

(7)

c.

List your tax withholding status. For example, write M-2 if you are married and claim two deductions. Do the same for your spouse. Identify any employer-reimbursed deductions listed on your paycheck stub and list the amount of the deduction(s). Do the same for your spouse. List any other income you receive. Do the same for your spouse. Write in the amount you believe is a reasonable monthly amount for your temporary maintenance (alimony). This is the amount that your spouse would pay to you to help cover your costs for food, clothing, and other necessities of life until the final decree is issued. If you are asking for maintenance, write in the date on which payment should begin. Write in the amount (if any) that has been paid by the Wife toward her attorney's fees and costs. If you don't know, write "unknown." Write in the amount, if any, that has been paid by the Husband toward his attorney's fees and costs. If you don't know, write "unknown." Write in the amount that you would like your spouse to pay toward your attorney's fees and costs and then check whether you are the Wife or Husband.

d.

e. 8. a.

b.

9.

a.

b.

c.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 11 of 15

10.

List any other material and relevant facts that you believe support your requests for the temporary relief listed in your Notice of Motion and Motion and your Application for Temporary Relief. Attach to Form 11.2 any documents asked for in the Application, such as paycheck stubs, and submit along with the Application. DO NOT DATE AND SIGN YOUR APPLICATION UNTIL YOU ARE IN THE PRESENCE OF A NOTARY PUBLIC. MAKE SURE TO BRING PICTURE IDENTIFICATION TO SHOW TO THE NOTARY PUBLIC OR COURT ADMINISTRATOR/DEPUTY. A Notary Public can usually be found at a bank.

Step 4 Obtain From the Court Administrator the Hearing Date, Time and Location
When your Notice of Motion and Motion, Affidavit, and Application for Temporary Relief have been completed contact the Court Administrator's office for a hearing date and time. Fill in the date, time, location and room number of the hearing on the first page of the Notice of Motion and Motion form.

Step 5 Make Copies of the Forms
1. Make two copies of the Notice of Motion and Motion form, two copies of your Affidavit, and two copies of your Application form and all attachments (for example: pay stubs, proof of expenses). Keep one copy of each form for yourself (make sure to bring your copies with you to court on the day of your hearing. Step 6 tells you how to serve the second copy of each form upon your spouse. Step 8 tells you what to do with the originals of the forms.

2.

3. 4.

Step 6 Serve Notice on Your Spouse At Least 18 Days Before the Hearing Date
You must arrange for your spouse to receive notice of the hearing and complete copies of all documents you have prepared for the hearing. This is called "service of process." A party to an action is not allowed to serve the other party to the action. You MUST have someone else who is over the age of 18 serve your spouse. To serve the papers by mail, follow these instructions:

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 12 of 15

1.

The server places one copy of the completed Notice of Motion and Motion form, one copy of your Affidavit in support of your Motion, and one copy of the completed Application for Temporary Relief (and all attachments) form in an envelope. Then, the server writes your return address and the last known address of your spouse on the front of the envelope. The server then places the correct amount of postage on the envelope (the server may want to take the envelope to the post office to have it weighed to insure the correct amount of postage). The server must mail the envelope containing the forms to your spouse (or his/her attorney, if there is one) at least 18 days before the hearing date.

2.

TO SERVE THE INSTRUCTIONS:
1.

PAPERS

PERSONALLY,

FOLLOW

THESE

The server (not you) hands to your spouse, one copy of the completed Notice of Motion and Motion form, one copy of your Affidavit in support of your Motion, and one copy of the completed Application for Temporary Relief (and all attachments) The server must give the papers to your spouse at least 14 days before the hearing date.

2.

WARNING: IF THE OTHER PARTY (OR HIS/HER ATTORNEY) IS NOT SERVED ON TIME, YOUR MOTION WILL NOT BE HEARD BY THE COURT. Step 7 The Person Who Mailed the Envelope Fills Out the Affidavit of Service Form
If your server mailed your legal papers to your spouse, see "A" below. If your server personally handed your legal papers to your spouse, see "B" below. A. Service by Mail - After the envelope containing the forms has been mailed to your spouse, then the server (the person who mailed the forms to your spouse) must fill out the Affidavit of Service by Mail form. This form proves to the court that your papers were mailed to your spouse. Fill out the top part of the form the same way you did on your Notice of Motion and Motion form in Step 1 above. On the blank line after it says "State of Minnesota, County ," fill in the name of the county where the server was when (s)he signed the Affidavit of Service by Mail.

1.

2.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 13 of 15

3. 4. 5. 6. 7. 8. 9.

Fill in the name of the person who mailed the envelope. Fill in the date of birth of the person who mailed the envelope. Fill in the date the envelope was placed in the mail. List the papers that were actually mailed. Fill in the name of the person to whom the documents were mailed (your spouse). Write in the address of your spouse where the papers were mailed. Write in the name of the city and state where the post office was located from which the documents were mailed. THE SERVER (PERSON WHO MAILED THE ENVELOPE) MUST NOT SIGN THE AFFIDAVIT OF SERVICE BY MAIL UNTIL (S)HE IS IN THE PRESENCE OF A NOTARY PUBLIC OR COURT ADMINISTRATOR/DEPUTY. MAKE SURE THE SERVER BRINGS PICTURE IDENTIFICATION WITH HIM/HER TO SHOW TO THEM. After it has been signed, make one copy of the Affidavit of Service by Mail for your records. Personal Service - After the server has personally handed your papers to your spouse or your spouse's attorney, if represented, the server must fill out the Affidavit of Personal Service form included in this packet. This proves to the court that your spouse received a copy of your legal papers. Fill out the top part of the form the same way you did on your Notice of Motion and Motion form in Step 1 above. On the blank line after it says "State of Minnesota, County ," fill in the name of the county where the server was when (s)he signed the Affidavit of Personal Service. Fill in the name of the person who hand-delivered the documents. Fill in the date of birth of the person who hand-delivered the documents. Fill in the date that the papers were personally served (handed to your spouse). List the papers that were actually hand-delivered. Fill in the name of the person to whom the documents were hand-delivered (your spouse).

10.

11.

B.

1.

2.

3. 4. 5. 6. 7.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 14 of 15

8.

THE SERVER (PERSON WHO HAND-DELIVERED THE ENVELOPE) MUST NOT SIGN THE AFFIDAVIT OF PERSONAL SERVICE UNTIL (S)HE IS IN THE PRESENCE OF A NOTARY PUBLIC OR COURT ADMINISTRATOR/DEPUTY. MAKE SURE THE SERVER BRINGS PICTURE IDENTIFICATION WITH HIM/HER TO SHOW TO THEM. After it has been signed, make one copy of the Affidavit of Personal Service for your records.

9.

Step 8 File the Forms With the Court
The following documents must be RECEIVED by the Court Administrator's office in the county where your case is located AT LEAST 14 DAYS BEFORE THE DATE OF THE HEARING. The original of your Notice of Motion and Motion for Temporary Relief; The original of your Affidavit in Support of Motion for Temporary Relief Without Children; The original of your Application for Temporary Relief, and all attachments; The original of your Affidavit of Service by Mail; and a filing fee; if applicable. If you did not pay a filing fee when this case was first begun, you will now need to pay the filing fee. If you cannot afford to pay the filing fee, a judge may waive it under certain circumstances. Ask court administration for an In Forma Pauperis (IFP) application. You need to fill out this application and sign it in front of a Notary Public or Court Administrator/Deputy. This application will be reviewed by a judge who will determine whether you must pay the filing fee. If the judge does not sign the IFP form that waives the fee, you must be prepared to pay the filing fee, or the Court Administrator cannot accept your forms.

Step 9 Appear in Court
You must go to Court on the date set for the hearing. Be sure to be on time. Bring with you to the hearing your copies of all papers. DO NOT BRING CHILDREN TO THE HEARING! After the hearing, the judge will issue an order. The judge may issue the order at the end of the hearing or may send a copy of the order to you in the mail.

DIV601

State

ENG

Rev 1/09

www.courts.state.mn.us/forms

Page 15 of 15