Free Microsoft Word - DIV1305 - Minnesota

State of Minnesota
County

District Court
Judicial District: Court File Number: Case Type: Dissolution without Children

Select County
In the Marriage of: ______________________________, Name of Petitioner and ______________________________. Name of Respondent STATE OF MINNESOTA ) COUNTY OF ______________________)SS
(County where Affidavit signed)

AFFIDAVIT OF DEFAULT (Without Children)

______________________________________, being duly sworn, says: 1. 2. I am the Petitioner in this action. Respondent has been served with the Summons and Petition for Dissolution of Marriage. 3. Respondent has not served an Answer on me or my attorney, and the time to Answer has passed. Therefore, I request that this action be scheduled as a default.

Respondent was served with the Summons and Petition in the following way: (Check all that apply) The Summons and Petition were served on Respondent on _______________,(date) as shown by the Affidavit of Service OR Admission of Service filed with the court.

Today is at least 50 days after the date of service of the Summons and Petition or the date Respondent signed the Admission of Service.

DIV1305

State

ENG

Rev 6/08-D

www.mncourts.gov/forms

Page 1 of 2

I have an Order for Service by Alternate Means. That Order requires publication. The Summons was published in a legal newspaper on

_________________________________________ (list all 3 dates of publication) as shown by the Affidavit of Publication on file with the court. Today is at least 71 days after the first date of publication.

I have an Order for Service by Alternate Means. That Order requires service by mail. The Summons and Petition were mailed to Respondent on ___________________(date) as shown by the Affidavit of Service by Mail on file with the court. Today is at least 71 days after the date the Summons and Petition were deposited in the mail.

____________________________________ Signature of Petitioner
(Sign only in front of a notary or court administrator)

Subscribed and sworn to before me this ______ day of _____________, _______.
____________________________________ Notary Public / Deputy Court Administrator

NOTICE TO PETITIONER: If Respondent has not served you with an Answer, the Court will review your pleading administratively. No court hearing is scheduled. To request an administrative review, wait until 50 days after the date Respondent was personally served with the Summons and Petition, or 50 days after the date Respondent signed an Admission of Service, or 71 days after the first date the Summons was published in a newspaper, or 71 days after the Summons was mailed to Respondent. Then file the Default Scheduling Request form, asking for an administrative review ­ default with no children.

DIV1305

State

ENG

Rev 6/08-D

www.mncourts.gov/forms

Page 2 of 2