Free STATE OF MINNESOTA - Minnesota

STATE OF MINNESOTA FAMILY COURT MATTER
Instructions for: DISSOLUTION OF MARRIAGE WITHOUT CHILDREN
You may file your divorce in the County where you live or the county where your spouse lives. These instructions contain general information. Filing fees, policies and procedures may vary by County.

If you cannot afford to pay the filing fee or other costs, ask the Court Administrator/Deputy for an "IFP" application to waive fees. A Judge will decide if you have to pay, based on your application.

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Read These Important Notices
Can I handle my divorce myself? The court does not require you to have a lawyer. You may represent yourself, which is called "pro se." The forms available from the court are designed for going "pro se", but court personnel cannot assist you in filling out the forms. The Court expects every person who appears in court without an attorney to know and to follow the law. If you act as your own attorney, you must do what an attorney would do. The danger in going "pro se" is that you will not recognize legal issues or problems in your case, or you may delay your divorce by failing to follow required procedures. You may get a divorce and learn later that you made serious mistakes that cost you money or create other problems. Changing a divorce order is difficult, and for some issues, like division of property, it is nearly impossible to change a divorce order. The Judges of Family Court recommend talking to a lawyer even if you plan to go "pro se." A lawyer can help you with all or just part of the process. For example, you may decide to ask a lawyer to help you decide if you should ask for spousal maintenance. Here are some areas where people run into problems and need legal advice. If you answer YES to any of the questions below, you are strongly advised to talk to an attorney before signing any divorce forms.


1. 2. 3. 4. 5. 6. 7. 8.

Does your spouse have an attorney? Do you or your spouse have pension, retirement or profit sharing plans? Do you or your spouse own a home or other real estate together or separately? Do you or your spouse own a business? Do you or your spouse have a large amount of assets (money, property)? Did you sign an antenuptual contract? Do you and your spouse have children together or is the wife pregnant? Since your marriage, has the wife given birth to a child fathered by someone other than the husband? 9. Have you or your spouse filed for bankruptcy or plan to in the near future? 10. Are you or your spouse involved in a personal injury lawsuit? 11. Are you worried about paying debts? 12. Are you claiming you have non-marital property? 13. Do you want spousal maintenance (formerly called "alimony") or is your spouse asking for spousal maintenance? 14. Do you have questions about how to continue medical insurance? 15. Are you or your spouse a member of the armed services?


Can I file for divorce in Minnesota? 1. The law states that before you can begin a divorce in Minnesota, you or your spouse must have lived in Minnesota for the last six months, OR you or your spouse must be a member of the armed forces stationed in Minnesota for the last six months. If neither you nor your spouse have lived in Minnesota for the last six months, STOP ­ you cannot get a divorce in

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Minnesota yet. You must wait until one of you has lived in Minnesota for at least six months. File in the county where either you or your spouse live now. 2. If you or your spouse has already started a divorce, legal separation or annulment action in Minnesota or in any other state, you cannot start this divorce. You may either complete the other action, or you may have the other action dismissed and then start this divorce action. What Forms Do I Need? You should use this packet of forms ONLY if there are no children who were born of, or adopted into this marriage. A "child" is someone 17 years old or younger. "Child" also means someone 18 or 19 years old, if the child is still in high school. If the wife gave birth to a child during the marriage and the husband or wife is claiming husband is not the father of that child, you must use the forms packet entitled Petition for Dissolution of Marriage With Children, unless you have a court order stating that husband is not the father of that child, or you attach certified copies of Recognition of Parentage AND Husbands Non-Paternity Statement (signed by mother, father, and husband.)


Do You Need a Temporary Order? If you need an order for spousal maintenance, possession of the homestead, or any other matter in the divorce before the final divorce decree is issued, ask court administration for the packet called Temporary Relief Pending Final Hearing Without Children or download the forms at www.mncourts.gov/forms (select the Divorce/Dissolution category).


Do the Forms Have to be Typewritten? Typewritten forms are preferred because they are easier to read. You may print your answers if your writing is clear and neat. Use dark ink. If you need more space to answer a question, write "See attached Exhibit A" and attach an additional full sheet of paper labeled "Exhibit A". If a second attachment is needed, label it "Exhibit B".


As you fill out the forms, you MUST follow all of the attached instructions.

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INSTRUCTIONS
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.

Step 1 Fill Out the Summons Form
A Summons tells your spouse that you have filed a lawsuit against him or her asking for a divorce, and also tells your spouse that if he or she does not file a written Answer to your lawsuit, the Court may give you everything you ask for in your lawsuit. HOW TO FILL IN THE SUMMONS: On the line marked "Name of Petitioner", write your full name. From now on you will be called Petitioner. On the line marked "Name of Respondent", write your spouses full name. From now on your spouse will be called Respondent. Check the appropriate box "without real estate" or "with real estate" at the top right section of the Summons. Check "with real estate" if you or your spouse together or separately own real estate, land, or buildings in Minnesota or elsewhere. Check the appropriate box at question #3. If there is no real estate, check the box that says, "This proceeding does not involve real property." If you and/or your spouse own real estate select the first box and fill in the street address, county, and state of all real property (such as a house or cabin) owned either by you or your spouse. You must also give the legal description of the property (the legal description is not the same as the street address). Example of Legal Description: Lot 1, Block 4, Hamden Edition, Hennepin County, Minnesota. You can get a copy of the legal description from the Deed, Contract for Deed, or Certificate of Title at the office of the County Recorder or Registrar of Titles in the county where the property is located. WARNING: Be sure to copy the legal description exactly as it is on the Deed, Contract for Deed, or Certificate of Title. If there is more than one parcel of real estate, you must provide the address and legal description for each parcel. The form provides space for two parcels. If you have more than that, you may add the language "See attached Exhibit A" following the legal description for the second parcel of land. On a separate full sheet of paper, write the information for the other parcels of land. Label the separate sheet of paper "Exhibit A" and staple it to the completed Summons.

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Fill in your address and phone number at the bottom of the Summons. Caution: Make sure you list all real estate. To avoid title problems in the future, list all real estate owned by the parties together or separately in the Summons and Petition and the divorce Decree. Any deeds between the parties must be signed and dated after the divorce is finalized. Until the divorce is finalized and the divorce Decree awards the property to just one party, both Husband and Wife have an interest in all real estate owned by either Husband or Wife. A deed given by one spouse to the other spouse before the divorce is finalized does not transfer all interest to the other spouse.

Step 2 Fill Out the Petition for Dissolution of Marriage Form
YOU MUST ANSWER EVERY QUESTION Write "NA" on the blanks that do not apply or write "Unknown" if you are unable to obtain the information. The Petition is divided into two parts. The first part gives the Court information about you, your spouse, your children, your finances, and your property. The second part tells the Court and your spouse what you are asking for from the Court. HOW TO FILL OUT THE PETITION FOR DISSOLUTION OF MARRIAGE Fill in the name of Petitioner (you) and Respondent (your spouse) Answer questions 1-32 completely. The following instructions are numbered the same as on the Petition form. INSTRUCTIONS FOR ANSWERING QUESTIONS 1-32. NOTE: The instructions are numbered the same as in the Petition. For example, for help in answering Question #3 on the Petition, read instruction #3. 1. Throughout this case, you will always be known as the Petitioner. Provide the address where you live. If there is no mail service to your residence, list an address where you can receive mail, in the lines provided for mailing address. Give your birth date, and list all former or other name(s), such as a maiden name, or former married name. Throughout this case, your spouse (Husband or Wife) will always be known as the Respondent. Provide the address where the Respondent lives. If you do not have a current address, check the box next to "Respondents address is unknown to Petitioner." If there is no mail service at your spouses residence, list an address where you spouse receives mail, in the lines provided for mailing address. Enter the Respondents date of birth and all former or other name(s), such as a maiden name, or other married name. Provide information about the date and location of your marriage.

2.

3.

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4.

Check YES if you have lived in Minnesota for the last six months. Otherwise, check NO. Check YES if your spouse has lived in Minnesota for the last six months. Otherwise, check NO.

STOP:

The law states that before you can begin a divorce in Minnesota, either: (1) you or your spouse (Husband or Wife) must have lived in Minnesota for the last six months; or (2) you or your spouse must be a member of the armed forces stationed in Minnesota for the last six months. If neither you nor your spouse have lived in Minnesota for the last six months, you cannot file for a divorce yet. You must wait until one of you has lived in Minnesota for at least six months. If one of you has lived in Minnesota for the last six months, then go on to answer the rest of the questions. 5. Answer the questions about the military status of both you and your spouse. If either you or your spouse is a member of the armed forces there are special procedures under the Servicemembers Civil Relief Act. Contact an attorney. In Minnesota, a marriage can be dissolved even if only one of the parties states that the marriage relationship is over. By filling out this Petition you are stating that your marriage is over and cannot be saved. Check YES if you are still living together; check NO if you are not. If NO, print the date you physically separated. If YES, describe why you are living together at this time. Check YES if you or your spouse has already started another dissolution, legal separation or annulment proceeding in Minnesota or any other state.

6.

7.

8.

WARNING: If you or your spouse have already started a divorce or legal separation or annulment case in Minnesota or in any other state and it has not been dismissed, you CANNOT start this divorce. You could either complete the other action, or you could have the other action dismissed and then start this divorce. Check NO if there is no other action. 9. Check YES if there is an existing Order for Protection or an existing Harassment Restraining Order against the Petitioner or Respondent; complete this question and file a copy of the order when you file the completed Petition. Check NO if there is no Order. This section is to make sure you are using the right forms. If you and your spouse have minor children together, you need to use a different court form called Marriage Dissolution WITH Children. Also, if you and your spouse have an adult disabled child and you want the court to order support payments for the adult child, you must use the Marriage Dissolution WITH Children forms. Subparagraph (c) of Question 10 asks if there were any children born to wife during the marriage from another relationship. This is important because Minnesota law presumes

10.

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that any child born after the marriage date is the husbands biological child. The presumption that husband is the father generally means that husband is legally the father, with all rights and responsibilities of fatherhood, unless there is an adjudication that someone else is the biological father. If someone else is the father, you can use the Marriage Dissolution without Children forms only if there is a court order adjudicating someone else to be the father, OR the wife, husband and biological father have signed forms called "Recognition of Parentage" and "Husbands Non-Paternity Statement" and these two forms have been filed with the State Office of Vital Statistics. If paternity has not been adjudicated already, use the Marriage Dissolution WITH Children forms, and raise the paternity issue through those forms. Subparagraph d of Question 10 asks if wife is pregnant. If the answer is Yes, you need to use different forms -the Marriage Dissolution With Children forms. This is true even if wife is pregnant by someone other than husband. In those forms, you can state that you believe husband is not the father of the unborn child. "Public assistance" means MFIP, Tribal TANF, General Assistance, medical assistance, Minnesota Care, or child care assistance. Check YES or NO. If YES, write in the name of the county paying the assistance. Minnesota law requires you, as the Petitioner, to notify the county paying assistance that you are filing a divorce action. Use the form called "Notice to County Support and Collection" to notify the county of your divorce action. Answer whether the Petitioner or Respondent receives Supplemental Security Income (SSI). SSI is based on need (low-income). SSI is not the same as Social Security (SSDI or RSDI) due to disability, retirement, or death of a parent or spouse. This question is about your employment status. Provide the requested information about your employer. If you are self-employed, list the business name and address. This question asks for your gross monthly income. If you are paid weekly, multiply your weekly income by 4.33 to get monthly income. If you are paid every two weeks, multiply by 2.17 to get monthly income. If you are paid twice per month, multiply by 2. This question is about your spouses employment status. information about your spouses employer. Provide the requested

11.

12.

13.

14.

15.

16.

This question asks about your spouses gross monthly income. You are given three choices. If you have no information about your spouses income, check the first box. If you have some information, check the second box and answer the questions. If you have detailed information about your spouses income, check the third box and complete the questions. Complete the questions about medical and dental insurance.

17.

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NOTE: If you or your spouse are covered by medical or dental insurance through your job or your spouse's job, that coverage can be continued even after the divorce. If you want the insurance coverage to continue after the divorce, call the Employment Benefits Office of you or your spouse's employer and ask for "COBRA" coverage. 18. This question is about spousal maintenance. Spousal maintenance is money paid by one spouse to help support the other spouse. Spousal maintenance used to be called alimony. You have four choices on the form. You can ask a lawyer for help if you want to do something that does not fit the form, or if you do not understand the choices or the law regarding spousal maintenance. If one spouse makes more money than the other or has more property or savings, talking to a lawyer is strongly recommended. The law for spousal maintenance is complicated and the financial impact can be great. If you are sure that you do not want to receive or pay spousal maintenance now or in the future, check the first box. List all the vehicles owned by you and your spouse together or separately.

19.

WARNING: Questions 20-27 ask about marital and non-marital property and assets and debts. Dividing property and debts can be complicated. You should talk to an attorney if you have assets or debts. An attorney can review your situation and tell you what claim you have to property, also suggest ways to structure the property and debt division to minimize future problems. Marital Property means almost anything that you or your spouse own that you or your spouse received during the marriage, even during the times that you and your spouse were separated. This includes real estate, boats, cabins, household goods, furniture, jewelry, and other things. Nonmarital 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; (3) anything that you or your spouse got in trade or in exchange for your nonmarital property; (4) anything that is an increase in the value of nonmarital property; (5) anything you or your spouse received after the valuation date set by the Court; or (6) anything included by a valid antenuptial contract (STOP: If you have an antenuptial contract, you should stop here and talk to an attorney.) 20. Check YES or NO whether you and your spouse have divided the marital property to your mutual satisfaction, including household goods, furniture, furnishings, and other belongings. If you have NOT divided the marital property, list the items that you want. (a) Check YES or NO whether you claim non-marital property. Non-marital property is property you owned before you got married or acquired during the marriage by inheritance or gift. List all non-marital property you own.

21.

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(a) Check YES or NO whether your spouse claims non-marital property. Non-marital property is property your spouse owned before the marriage or acquired during the marriage by inheritance or gift. List all non-marital property your spouse owns. 22. Check YES or NO whether you or your spouse has money in banks, savings, cash or investments. If YES, fill in all columns in the box. Check YES or NO whether you and/or your spouse own part or all of a business. If YES, fill in the name, address and value of the business. Check YES or NO if either you or your spouse own a manufactured home. If YES, complete the detail questions.

23.

24.

WARNING: Question 25 asks you to list all real property. Real property is land and the buildings on the land. You must list all real property owned by you and your spouse together, separately, or with others. Failure to list all property will create serious problems and expense in the future. Until the divorce is finalized and the Decree awards the property to just one party, both you and your spouse have an interest in all real estate owned by either you or your spouse. A deed given by one spouse to the other spouse before the divorce is finalized does not transfer all interest to the grantee spouse. Any deeds between the parties must be signed and dated after the divorce is finalized. Dividing real property is complicated. You should talk to an attorney if you and/or your spouse own any real property. 25. (a) Check YES or NO if you and your spouse own any real property together. (b) Check YES or NO if you own real property solely in your name or with someone other than your spouse. (c) Check YES or NO if Respondent owns real property solely in his/her name or with someone other than you. (d) Answer how many properties are owned by you and your spouse in total. If YES to (a), (b) or (c), complete the Real Property Information questions for each piece of property. (1) List the full names of all owners of the property. (2) Fill in the legal description of the property (the legal description is not the same as the street address). Example of Legal Description: Lot 1, Block 4, Hamden Edition, Hennepin County, Minnesota. You can get a copy of the legal description from the Deed or Contract for Deed at the office of the County Recorder or Registrar of Titles in the County where the real property is located. WARNING: Be sure to copy the legal description exactly as is on the Deed or Contract for Deed. (3) Fill in the street address, city, county, and state where your property is located. (4) State the date the property was purchased and its purchase price. (5) State the amount of any existing loans or mortgages. (6) State the current market value of the property and describe how you came up with that value. (7) Check YES if this property is the homestead.

WARNING: Question 26 asks about pension, profit sharing, and retirement plans. Dividing pension, profit sharing, and retirement plans is complicated. You or your spouse

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could face large losses if the divorce decree does not divide the pension or retirement plan according to the laws that apply. You should talk to an attorney if you or your spouse have any of these types of plan. 26. (a) Check YES or NO if you have an IRA, 401(k), 403(b), or other retirement plan. If YES, list the last four digits of the account number, the name of the bank, and the current account balance. (b) Check YES or NO if your past or present employer, union, or other group, paid money into a pension, profit-sharing, or other retirement plan for you. If YES, list the name of the plan, the name of the group employer, union, or group providing the plan, the date you began working at the job or joined the plan, the type of plan, and the present value of the plan. (c) Check YES or NO if your spouse has an IRA, 401(k), 403(b), or other retirement plan. If YES, list the last four digits of the account number, the name of the bank, and the current account balance. (d) Check YES or NO if your spouses past or present employer, union, or other group, paid money into a pension, profit-sharing, or other retirement plan. If YES, list the name of the plan, the name of the group employer, union, or group providing the plan, the date your spouse began working at the job or joined the plan, the type of plan, and the present value of the plan. Check YES or NO if you and/or your spouse have outstanding debts (owe money) either together or separately. If YES, list all of the debts you and your spouse now have, even if only one of you created the debt and even if only one of your names is on the credit card, loan or note. List all debts still owed from before you were married, from during the marriage but before separation, and after separation. The Judgment and Decree (divorce Decree) will state who is responsible for paying each debt. Include credit card bills, gas bills, water bills, telephone bills, school loans, car loans, home loans and mortgages, and other bills and loans. List to whom the debt is owed (such as Sears); how the money was used (such as "clothing for the children"); whose name is on the account and when the debt was created (if you cannot get the exact date the debt was created, at least state if the debt is from before the marriage, or during the marriage and before separation, or after separation); the current balance due; and the monthly payment. Attach another sheet of paper if you need more space. You must disclose all debts. You may change your name as part of the divorce, but you do not have to do so. You can change your name to a maiden name, or some other name. You cannot make your spouse change his or her name, and your spouse cannot make you change your name. If you want to change your name, check YES and answer (a) ­ (c). If you do not want to change your name, check NO. (a) Print your new name (first, middle, and last). Do not use initials unless you want only an initial instead of a full name. Check whether this is a former legal name or maiden name. If not, explain why you want to change to this name.

27.

28.

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(b) You cannot change your name if your reason for changing your name is to defraud or mislead anyone. Mark True or False to the statement "Petitioner has no intent to defraud or mislead anyone by changing his/her name." (c) If you have a felony conviction, you cannot change your name unless you notify the prosecuting authority that you intend to change your name. The prosecuting authority has 30 days after being served with your notice to object to the name change. If you have been convicted of a felony anywhere in the United States, answer (c) YES. Ask court administration to give you the Felon Name Change Instructions or download the forms at www.mncourts.gov/forms. Warning: If you do not notify the prosecuting authority of the request for name change and you use your new name, you may be guilty of a gross misdemeanor. 29. List any other facts you would like the court to know.

INSTRUCTIONS FOR ANSWERING QUESTIONS 1-17, WHICH TELL THE COURT AND YOUR SPOUSE WHAT YOU WANT THE COURT TO ORDER 1. This tells the court that you want your marriage dissolved. You do not need to write anything here. You must check a box to state how want to pay for health and dental insurance for you and your spouse, after the divorce is finalized. If you want you and your spouse to each pay your own health and dental insurance costs, check box (a). Box (c) is for COBRA coverage. Check with the employer of the person who has coverage for information on how to get COBRA coverage. If you have other questions, or if the boxes provided do not explain what you want the court to order, ask an attorney for help. If you want spousal maintenance to be denied now and forever, check box 3(a). If you want to be able to ask for maintenance at a later date after the divorce is completed, then check box 3(b).(Your spouse can also ask for maintenance at a later date if maintenance is reserved.) If spousal maintenance should be ordered to help either you or your spouse pay for necessities, check the appropriate boxes in 3(c). In question 19 above you listed all of the vehicles owned by you and your spouse. Write down which vehicles you want the court to give to you and which vehicles you want your spouse to have.

2.

3.

4.

WARNING: Dividing marital property and non-marital property is complicated. You should talk to an attorney. 5. Check YES or NO whether you and your spouse have already divided your marital property to your mutual satisfaction. If NO, list the marital property you want to receive and the marital property you want your spouse to receive.

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6.

Check YES or NO whether you and your spouse have already divided your non-marital property to your mutual satisfaction. If NO, list the non-marital property you want to receive and the non-marital property you want your spouse to receive. State how you want the court to divide the cash and investments listed at #22 above. If you and/or your spouse own a business, state how you want the court to divide the business. Be very specific. If you and/or your spouse own a manufactured home, provide the address of the manufactured home and check off who should get it. If there is a debt on the manufactured home, fill in who the debt is owed to and who should pay the debt. If you or your spouse own real property either separately or together, check off whether you (Petitioner) or your spouse (Respondent) should be awarded that real property, and then list the street address, city, county, and state where the homestead is located, and then write the exact legal description. You can get a copy of the legal description from the Deed or Contract for Deed at the office of the County Recorder or Registrar of Titles in the County where the property is located. Write in the name of the mortgage company and the amount of the current mortgage balance. If there is additional real property, list it in paragraph 11. If there is additional real property, provide the address and legal description and state how that property should be awarded. Describe how your pension, profit sharing, retirement, IRA or 401 plan should be divided, then do the same with any plan in your spouses name. Get competent legal and tax advice before making any decisions. In question 27 above you listed all of the debts you and your spouse have. Include all debts listed from question 27 and state who should be ordered to pay the debt. Check box (b) also. This box covers any individual debt that is not specifically listed, and orders the person who took on the debt to pay it. For example, if your spouse has debt you do not know about, in his/her name alone, checking box b. will require your spouse to pay that debt. Warning: If debt is in both your names, the court can order one of you to pay the debt, but the creditor can still seek payment from both of you. For help with how to minimize your risk of having creditors go after you for joint debt your spouse was ordered to pay, talk with a lawyer before you serve your spouse with the divorce papers. If you want to change your name, print exactly how your new name should be listed (first, middle, and last). Do not use initials unless you want only an initial instead of a full name. List anything else you would like the court to decide.

7. 8.

9.

10.

11.

12.

13.

14.

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16. 17.

You do not need to write anything for question 16. READ and SIGN the Verification and Acknowledgments. DO NOT date and sign your Petition until you are before a Notary Public or Court Deputy. To get divorced you must pay a court filing fee. If you cannot afford this fee, a Judge may waive it under certain circumstances. Ask court administration for an In Forma Pauperis application or download the forms at www.mncourts.gov/forms. Fill out this application and sign it in front of a Notary Public or Court Administrator/Deputy. Take the In Forma Pauperis application to the court administrators office to have a judge review your application and decide if you must pay the filing fee. The Court Administrator cannot accept your legal papers without either the filing fee or an Order signed by a Judge waiving the fee.

Step 3 Sign the Summons and Petition in Front of a Notary or Court Administrator/Deputy
Sign the Petition in the presence of a Notary Public or Court Administrator/Deputy. Notaries may also be found at banks. Sign the Petition with the Notary Public or Court Deputy watching you. Bring picture identification to show to them. On the signature page of the Petition where it reads "State of Minnesota/County of ," fill in the name of the county where you signed the Petition. Sign the Summons. This does not have to be done in the presence of a Notary or Court Administrator/Deputy.

Step 4 Make Copies of Forms
Make two copies of the Summons and two copies of the Petition. You will arrange to have one set of copies served on your spouse (Step 5) and you will keep one set of copies for your records. Later, you will file the original Summons and Petition with the court (Step 8.)

Step 5 Serve the Other Party
Your spouse must receive a copy of your Summons and Petition for Dissolution of Marriage. Delivering the copy to your spouse is called "service of process." Your marriage dissolution

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action is started the moment your spouse is served with the Summons and Petition for Dissolution of Marriage. These instructions describe three ways to do "service of process": (1) Personal Service, (2) Admission of Service, and (3) Alternate Service. Read about each of the three ways to decide which way is appropriate in your case. 1. Service of Process Method #1: Personal Service This is the most common method for serving divorce papers. With Personal Service, a third person (the "server") who is at least 18 years old hands a copy of the Summons and Petition directly to your spouse. Papers cannot be served on a Sunday or a legal holiday. After serving the papers, the server must fill out the Affidavit of Personal Service, and sign it in front of a notary public. The Affidavit of Personal Service is your proof that the papers were delivered, and tells what date they were delivered. See the following instructions on how to fill out the Affidavit of Personal Service. Important Points for Personal Service A copy of the Summons and Petition is handed directly to your spouse (not mailed, not left with a roommate.) You cannot hand the papers to your spouse. Papers can be handed to your spouse at home, at work, or anyplace else. The server must be at least 18 years old. You can ask the Sheriff or a private process server to serve the papers, or ask a friend to serve the papers. Private servers and the sheriff charge a fee to serve papers. If you have an In Forma Pauperis (IFP) order that covers service of process fees, the sheriff will serve the papers within the county at no cost to you. You must deliver to the sheriff the Summons and Petition and the IFP order. No matter who serves the papers, it is your responsibility to get the completed Affidavit of Personal Service from the server to file in your court file. If your spouse lives outside of your County, you must contact the sheriff in that county and ask if they will honor the IFP order from another county. Papers cannot be served on Sunday or a legal holiday. Papers delivered on a Sunday or legal holiday have not been legally served, and the case will be dismissed. Personal Service in another state or country: Your spouse can be served by Personal Service anywhere in the United States, as long as the papers are handed directly to your spouse. If your spouse lives in another country, you must consult a lawyer about how to properly serve your spouse. Service in a foreign country must be done according to Minnesota Rules of Civil Procedure Rule 4.04 (c), and Minnesota Statutes. The rules for serving someone in a foreign country can be very complex and court employees cannot tell you how to serve your spouse in another country. How to Fill out the Affidavit of Personal Service: a. Fill out the top part of the form the same way you did on your Summons.

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b. After "County of," fill in the name of the county where the Affidavit of Personal Service was signed by the person who served the papers. c. On the blank line after "I," fill in the name of the person who hand-delivered the forms to your spouse. d. Fill in the date of birth of the person who hand-delivered the forms to your spouse. e. Fill in the date that the documents were hand-delivered to your spouse. f. Write in the title of each document handed to your spouse. (Summons and Petition for Dissolution of Marriage). g. Fill in the name of your spouse. The person who delivered the forms 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 person brings picture identification to show to the Notary Public or Court Administrator/Deputy. h. After it has been signed, make one copy of the completed Affidavit of Personal Service for your records. 2. Service of Process Method #2: Admission of Service The second method of service can be used only if your spouse is willing to sign a form called Admission of Service and have his/her signature notarized. If your spouse signs this form, your spouse is admitting that (s)he received a copy of your Summons and Petition. Your spouse can sign the Admission of Service even if (s)he disagrees with your Petition. Your spouse still has the option of contesting the divorce even if (s)he signs the Admission. To use this method, fill out the heading of the Admission of Service form, but DO NOT sign it. Your spouse must sign it and have it notarized. Next, deliver the (1) Admission of Service, (2) a copy of the Summons, and (3) a copy of the Petition for Dissolution of Marriage to your spouse. Because your spouse will be signing a form admitting (s)he received the papers, you are allowed to give the papers to your spouse yourself. Or you can mail the papers, leave the papers in a place where your spouse has agreed to pick them up, or have someone else deliver the papers to your spouse. Next, your spouse must read and sign the Admission of Service in the presence of a Notary or Court Administrator/Deputy and give it back to you. Warning: If your spouse does not sign and return the Admission of Service to you, the papers are not served, and you must then use Personal Service or Alternate Service. Try the Admission of Service ONLY if you are sure that your spouse will cooperate with you by signing and returning the Admission of Service. Also, if you think your spouse might become angry or try to hurt you, DO NOT deliver the papers to your spouse yourself.

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3. Service of Process Method #3: Alternate Service Use this method of service only if Personal Service and Admission of Service have not or will not work because you cannot find your spouse, or your spouse is uncooperative. If you have tried to serve your spouse by Personal Service but you cannot find your spouse, or your spouse is hiding to avoid service, you can ask the Court to allow you to serve the papers some other way. Before you can use another method of service, you must prepare an Application for Service by Alternate Means and get an order signed by a judge. The Judges order will tell you what you have to do to serve the papers. Frequently the order will include publishing in a newspaper, and you must pay the costs unless you have a fee waiver that covers publication costs. The Application for Service by Alternate Means must contain the following information: The last known address of the Respondent; The Petitioners most recent contacts with the Respondent; The last known location of the Respondents employment; The names and locations of the Respondents parents, siblings, children and other close relatives; The names and locations of other persons who are likely to know the Respondents whereabouts. Forms for Application for Service by Alternate Means are available from Court Administration or you can download them at www.mncourts.gov/forms.

Step 6 Form 11.1: Confidential Information Form and Public Assistance Notice
Fill Out Form 11.1: Confidential Information Form. The law requires that you provide social security numbers in a divorce. Include names and social security numbers for you, your spouse, and any children on Form 11.1. This information will be kept confidential. You should also know that if at a later point in the divorce proceeding you need to file financial records (like bank statements, credit card statements or income tax returns) you should fill out Form 11.2 and use that as a cover sheet for the financial records. Using these forms ensures that your social security number and financial records will be kept in a confidential part of the court file. Do you or your spouse receive Public Assistance from the State? If you or your spouse have applied for or are receiving assistance from the State of Minnesota such as MFIP, Medical Assistance, MinnesotaCare, Foster Care or Child Care Assistance, you must notify the county of your divorce action. Fill out the form called Notice to County Support & Collections. Make a copy of the Notice. Hand-deliver or mail the copy of the Notice to County Support & Collections to the County Support and Collection Services office for the County paying the assistance. You may deliver or mail the copy yourself, or ask someone else to do it for you. The person who delivered or mailed the copy must fill out the Affidavit of Mailing or Delivery stating when the Notice was served on County Support and Collections Services. The Affidavit must be signed in front of a Notary Public/Deputy Court Administrator. You will file the original Notice to County

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Support and Collections and Affidavit of Service with the court when you file the Summons and Petition.

Step 7 Fill Out the Certificate of Representation and Parties Form
Fill out the Certificate of Representation and Parties form. The purpose of this form is to tell the court where to send notices. If either party has an attorney, the notices will be sent to the attorney. If a party has no attorney, notices are sent directly to the party. This form is written for parties without attorneys. The form informs the court that the parties are both self-represented and gives the court the parties addresses and phone numbers. If you or your spouse has an attorney, cross out "self-represented" on the form and write in the name, address, phone number and attorney I.D number INSTEAD of the address of the party whom the attorney represents. In filling out the form, DO NOT fill in the case number or date that the case was filed. The Court Administrator will fill in that information after you file the form with the court. WARNING: At this time you may not know if an attorney represents your spouse, or you may not know all the information requested about your spouse. If you do not know all or some of the information about your spouse, write "unknown." However, the law requires you, as the Petitioner, to provide to the court all new information about you and your spouse (addresses, phone numbers and whether an attorney represents you or your spouse) within seven (7) days of learning this new information. You must write to the Court Administrator and provide this information. All letters you write to the Court Administrator must include your name, your spouses name, and the case number.

Step 8 File the Forms with the Court
File these documents: Summons Petition for Dissolution of Marriage Affidavit of Personal Service OR Admission of Service Form 11.1 Confidential Information Form Certificate of Representation and Parties Notice to County Support and Collections (required only if you or your spouse are receiving public assistance from the State of Minnesota. See Step 6)

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File the original documents. Before you file the documents, make a copy for your records. You can file the forms with the court in person or by mail. There is a court filing fee. Make checks payable to "Court Administrator". To file in person, take the originals to the court administrators office. To file the forms by mail, mail the original documents to the court administrators office. After you file the documents, the court will mail a notice to you and your spouse informing you both of the case number and date that the Summons and Petition were filed.

IF YOU CANNOT AFFORD THE FILING FEE
If your income is below the Federal Poverty Line, a judge may waive the filing fee. Ask the Court Deputy for an In Forma Pauperis application or download the forms at www.mncourts.gov/forms. Fill out this application and sign it in front of a Notary Public or Court Administrator/Deputy. If you are receiving public assistance, you should attach to the application a copy of a document that shows you receive public assistance. The Court Administrator/Deputy will have a Judge review this application and the judge will decide if you must pay the filing fee. The Court Administrator CANNOT accept your legal papers without payment of the filing fee or an order from a judge waiving the fee.

Step 9 Temporary Relief
If you and your spouse need a temporary order to address spousal maintenance or any other matter in the divorce, go to court administrators office in the courthouse and ask for the packet called "Temporary Relief Pending Final Hearing without Children" or download the forms at www.mncourts.gov/forms. If you are requesting a temporary order, you will need to file the following documents before the court administrator will accept your papers for Temporary Relief: Summons Petition for Dissolution of Marriage Affidavit of Personal Service OR Admission of Service The temporary order would be effective until the Judge signs the final divorce order.

Step 10 Informational Statement
The Informational Statement is only needed if your case is contested. Your case is contested if your spouse serves you with an Answer in response to your Petition. If you receive a letter from the court telling you to file an Informational Statement follow the instructions in the letter and call the court if you have questions. If you have settled the case with your spouse, or you have not

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received an Answer from your spouse, call the court and ask if you still need to file the Informational Statement.

Step 11 The Next Step is Determined by Your Spouse's Response to Your Petition for Dissolution of Marriage
Once you have filed the Summons, Petition, and Affidavit of Service with the court, your divorce case will proceed in one of the following ways: 1. You and your spouse agree on all issues. If you and your spouse agree on everything, go to Step 12 now for instructions on filling out the Stipulated Judgment and Decree. You receive an Answer from your spouse within 30 days of service of the Summons and Petition on your spouse. If your spouse served you with an Answer and Counter-Petition, it means that your spouse does not agree with everything you have asked for in your Petition and that your spouse is asking for something different. The first part of your spouses Answer will tell you the parts of your Petition with which your spouse partly agrees, totally agrees, or totally disagrees. Once you know the issues about which you and you spouse disagree, you and your spouse should attempt to reach an agreement regarding those issues. If you work out an agreement, go to Step 12 and fill out the Stipulated Judgment and Decree form. If you and your spouse DO NOT reach an agreement on all issues, your case is contested and you should talk to a lawyer. Representing yourself in a contested case is difficult. The court may require additional forms, such as the Prehearing Statement. This form is available from court administration or at www.mncourts.gov/forms. 3. Your spouse sends you a letter or files a letter (other than an Answer) with the court stating that he or she disagrees with your Petition. If your spouse disagrees with your Petition your spouse is supposed to serve you with a written Answer within thirty (30) days of the date your spouse was served with the Summons and Petition. If your spouse does not serve you with an Answer within 30 days but your spouse sends you a written response such as a letter or memo, or files an informal response with the court, then you need to give your spouse one more notice* before the Court will grant the divorce. * The notice is called Notice of Intent to Proceed to Judgment. The notice can be obtained from court administration. 4. Your spouse does not respond with an Answer or any other writing. Your spouse has 30 days to serve you with a formal Answer and Counter Petition, stating that he/she

2.

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disagrees with your Petition. If your spouse does not serve you with an Answer and at least 50 days have passed since your spouse was served with the Summons and Petition, you can ask the court for a "Default Judgment." You need to fill out the Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree (see Step 13), and Affidavit of Default, Affidavit of Non-Military Status, and Default Scheduling Request (see Step 14). 50 days after your spouse was served, you can file these forms with the court (see Step 15.) Read and follow the instructions at Steps 14 and 15. The information in this paragraph is an overview.

Step 12 You and Your Spouse Agree on All Issues
If you and your spouse agree on all issues, fill out the Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree form. Important Note: The Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree must be signed and dated after the Petition is served on your spouse, or after your spouse signs an Admission of Service. Service of the Summons and Petition on your spouse starts the divorce action. You and your spouse cannot settle the action until it has been started by service of the Summons and Petition. If the Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree is signed before the Summons and Petition are served, the judge will not sign the divorce Decree. The Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree form tells the court that you and your spouse have reached an agreement settling all of the issues involved in your divorce case. It also tells the court the exact terms of the agreement. FILL IN THE ,,HEADING OF THE FORM WITH YOUR NAME, YOUR SPOUSES NAME AND THE CASE NUMBER. FILL IN THE INFORMATION ON PAGE 1 of the Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree: At Paragraph B., check off whether you have or have not been represented by an attorney during your divorce proceeding and, if you have an attorney, fill in that persons name. At Paragraph C., check off whether your spouse has or has not been represented by an attorney during this divorce proceeding and, if your spouse has an attorney, fill in the attorneys name. At Paragraph D., write the date that your spouse was handed the Summons and Petition for Dissolution of Marriage, OR the date your spouse signed an Admission of Service. You can find this date on your copy of the Affidavit of Personal Service or Admission of Service, OR the dates your spouse was served by mail or publication.

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At Paragraph E., check the YES box ONLY if your spouse served you with a written Answer and Counter-Petition. If you received a written Answer from your spouse, then fill in the date that you received the Answer and Counter-Petition.

FILL IN ANSWERS TO QUESTIONS 1-29 STARTING ON PAGE 2 of the Stipulated Judgment and Decree. Answer every question. If a question does not apply to your situation, write in "N/A." If the question is a "Yes" or "No" question, make sure you check either "Yes" or "No." On the Petition, you may have answered questions by writing "unknown." You cannot use "unknown" on the Stipulated Judgment and Decree. Both parties are signing the Stipulated Judgment and Decree, and you and/or your spouse should know all the answers. Questions 1-29 of the Stipulated Judgment and Decree are the same as questions 1-29 of the Petition. Refer to the instructions for the Petition for help completing the Stipulated Judgment and Decree. If you and your spouse have reached some additional agreement regarding your marriage dissolution, state the agreement on the lines provided at Paragraph 29.

STIPULATED JUDGMENT AND DECREE: PARAGRAPH/QUESTIONS 1-17 (PAGE 18 OF THE STIPULATED JUDGMENT AND DECREE) NOTE: The following instructions are numbered the same as the paragraphs/questions on the form.
1. This means you and your spouse agree that your marriage should be dissolved. You do not need to write anything here. You must check a box to state who will pay for health and dental insurance for you and your spouse, after the divorce is finalized. If you want you and your spouse to each pay your own health and dental insurance costs, check box (a). Box (c) is for COBRA coverage. Check with the employer of the person who has coverage for information on how to get COBRA coverage. Box (d) is to "reserve" a decision on who would pay for the medical and dental insurance. If you check (d), then after the divorce is complete, either you or your spouse could file a motion with the court asking for an order to be made about the insurance. If you have other questions, or if the boxes provided do not explain what you want the court to order, ask an attorney for help. Check box (a) if there will not be any spousal maintenance paid to either party. Carefully read the language about waiver. If you check (a), you are saying that neither you nor your spouse can ever get spousal maintenance, regardless what happens in the future. You

2.

3.

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also must check one or more boxes under the statement "Consideration for this agreement is:". Here, you are being asked to say how it is a fair agreement between you, for both of you to waive maintenance payments. Is it fair because you are both able to support yourselves? You need to provide the reasons. Also, to give up all claims to maintenance, there must be complete openness by both spouses about their financial situation. You must be able to tell the Judge that you fully disclosed to each other everything about your finances and property before deciding to waive spousal maintenance. Check (b) if you want to reserve maintenance. With this option, no payments would be ordered at this time. But either of you could ask the court to order maintenance in the future, by filing a motion. Check (c) and provide the requested information if you have an agreement for payment of spousal maintenance. Check (d) if you have an agreement for maintenance to be paid temporarily, until a certain date or event. 4. List all of the vehicles and who will receive each vehicle. Attach another sheet of paper if you need more space than provided. If you and your spouse have already divided the marital property to your mutual satisfaction, then check "As currently divided" and do not list any property. If there are specific items to be divided, check "as follows," and list the marital property you will receive and the marital property your spouse will receive. If you and your spouse have already divided the non-marital property to your mutual satisfaction, then check "as currently divided" and do not list any property. If there are specific items to be divided, check "As follows," and list the non-marital property you will receive and the non-marital property your spouse will receive. List which assets at #22 above (cash and investments) you will receive and which your spouse will receive. State how any business will be divided. If you have a manufactured home, answer the questions about how it will be awarded. Check off whether you (Petitioner) or your spouse (Respondent) will be awarded the homestead (if you and your spouse own one), and then list the street address, city, county, and state where the homestead is located, and then write the exact legal description. If you and your spouse own other real property either separately or together, check off whether you (Petitioner) or your spouse (Respondent) will be awarded that real property, and then list the street address, city, county, and state where the homestead is located, and then write the exact legal description. Attach another sheet of paper if there is more than one additional parcel of real estate. Describe exactly how your pension, profit sharing, retirement, IRA, or 401 plan will be divided. It can be awarded 100% to one person, or divided. If you are dividing a qualified

5.

6.

7.

8. 9. 10.

11.

12.

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benefit retirement plan, you will need another document called a QDRO. The QDRO is not available from the court. Contact the employer benefits unit or an attorney for more information about QDROs. Describe exactly how your spouses pension, profit sharing, retirement, IRA, or 401 plans will be divided. 13. In question 27 you listed all of the debts you and your spouse have. Check box (a) and list all of these debts again, and write the name of the person who will be responsible for paying the debt. Also check box (b). This covers any debts that were not disclosed and that in one persons name alone, and says the person who took on the debt must pay it. If your name will be changed, print exactly how your new name will be listed (first, middle, and last). Do not use initials unless you want only an initial instead of a full name. If your spouses name will be changed, print exactly how your spouses new name will be listed (first, middle, and last). Do not use initials unless your spouse wants only an initial instead of a full name. If there is anything else you and your spouse want the court to order, state it here. You do not need to write anything for paragraphs 16 and 17, but they contain important information and you should read them. After the divorce is final, the Petitioner must serve a copy of the signed and entered Judgment and Decree on the Respondent. Paragraph 17 tells how to do this. Signing the Stipulated Judgment and Decree Do NOT sign and date the Stipulated Judgment and Decree until you are in the presence of a Notary Public or Court Administrator/ Deputy. Do not sign the Stipulated Judgment and Decree unless the Summons and Petition have been served on your spouse. Check off whether you are or are not represented by an attorney. If you are represented by an attorney, the attorney signs the agreement and fills in his or her name, address, phone number and attorney identification number. If you are not represented by an attorney, sign the Petitioner's Waiver of Counsel. Once you have signed the Stipulated Judgment and Decree, mail or hand-deliver it to your spouse for your spouse to sign. Make sure a document called Respondent's Waiver of Counsel is attached to the Stipulated Judgment and Decree. Your spouse must sign both the Stipulated Judgment and Decree and the Respondent's Waiver of Counsel. Your spouse should make a copy of the signed Stipulated Judgment and Decree and attached Waiver for his/her records, and then return the original signed documents to you. Make a copy of the Stipulated Judgment and Decree for your records. Then go to Step 14.

14.

15. 16.

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Step 13 Findings of Fact, Conclusions of Law, Judgment and Decree
You should be filling out the Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree if you do not have an agreement with your spouse, and your spouse did not serve you with an Answer. The Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree is the form that the Judge signs. It is your "Divorce Decree." You fill out the entire document and the Judge signs it. Get your copy of your Petition. The Petition and Findings must be consistent. If information in the Petition is no longer accurate, such as a debt has been paid off, or you have a new address, put the new and correct information in the Findings, with a statement explaining the difference. Make two (2) copies of the filled out Findings form and keep one copy for yourself. Go to Step 14.

Step 14 File the Remaining Papers When to File
1. If you have a Stipulated Judgment and Decree: You can file as soon as you have all the papers completed. If you served your spouse personally, and your spouse did not respond: You can file 51 days after your spouse was served with the Summons and Petition. If you served your spouse by publication or mail (pursuant to Court Order) and your spouse did not respond: You can file 71 days after the first date the Summons was published and/or 71 days after the Summons and Petition were mailed to your spouse. If your spouse did not serve you with an Answer but your spouse sent you a letter disagreeing with your Petition or filed such a letter with the court. You can file at the time indicated in # 1-3 above, if it has also been at least thirteen (13) days since you mailed to your spouse the Notice of Intent to Proceed to Judgment.

2. 3.

4.

What to File
See Step 15 for information on what documents must be filed to complete the divorce.

Where to File
File the papers with court administration. Going to the Courthouse to file your papers is recommended, because any omissions or problems noted by court administration can be explained and possibly corrected immediately. Papers may be filed by mailing them to the Court Administrator.

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Step 15 Filing Your Documents
If your spouse served you with an Answer, your case is contested and Step 15 does not apply to you. If your case is not contested you will finalize your divorce without a court hearing if: 1. 2. You and your spouse signed a Stipulated Judgment and Decree, or Your spouse did not respond to your Summons and Petition within 30 days of the date the Summons and Petition were served on your spouse, and an additional 20 days have passed (for a total of 50 days since service.)

If You and Your Spouse Signed a Stipulated Judgment and Decree:
File the following papers, when you have completed them: 1. The original signed and notarized Petition. 2. The original Summons. 3. The original signed and notarized Affidavit of Service of the Summons and Petition, or an Admission of Service 4. The Certificate of Representation and Parties 5. The original, signed and notarized Stipulated Judgment and Decree with attached: a) Respondents Waiver of Counsel and b) Petitioners Waiver of Counsel 6. The original and one copy of the Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree. You and your spouse must have signed the Stipulated Findings documents in front of a notary. 7. Default Scheduling Request. To fill out this form: Fill in the names of the Petitioner and Respondent Fill in the Case Number Checkmark the line "Approval without a hearing pursuant to Minn. Stat. §518.13, subd. 5." Checkmark the line "The marriage does not include minor children and each party has signed a stipulation." Note: By signing the Stipulated Judgment and Decree, you have signed a stipulation. Print your name, address and phone number. 8. Affidavit of Non-Military Status Petitioner fills out the Affidavit of Non-Military Status: Fill out the top part of the form the same as you did in your Petition. Write in the case number.

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On the blank line after "County of ___________," write in the name of the county where you are signing this form. On the first blank line, write in your name (Petitioner) Do not sign the Affidavit of Non-Military Status of Respondent until you are in the presence of a Notary Public or Court Administrator/Deputy. Make sure to bring picture identification to show to the Notary Public or Court Administrator/Deputy. NOTE: If your spouse IS in the military, you CANNOT sign this Affidavit. See an attorney for advice. Your spouse can sign a waiver of his/her rights under the Servicemembers Civil Relief Act, but the court does not have a waiver form.

See Step 14 for information on where to file the above listed papers.

If Your Spouse is in Default: (did not serve you with an Answer and you do not have an agreement)
File the following papers when at least 50 days have passed since your spouse was served with the Summons and Petition: The original signed and notarized Petition The original Summons The original signed and notarized Affidavit of Service of the Summons and Petition or Admission of Service. The original Certificate of Representation and Parties. The original and one copy of the Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree (keep one additional copy for your records.) Affidavit of Default To fill out the Affidavit of Default: Fill out the top part of the form the same as you did in your Petition. Write in the case number. On the blank line after "County of ___________," write in the name of the county where you are signing this form. On the first blank line, write in your name. On the next blank line, write in the date that your divorce papers were served upon your spouse. Do not sign the Affidavit of Default until at least thirty (30) days have passed since your spouse was personally served with the Summons and Petition, or 51 days after your spouse was served by mail or 51 days after the first date of publication. Do not sign the Affidavit of Default if your spouse served you with an Answer. If your spouse served you with an Answer, you are strongly advised to talk with an attorney. Affidavit of Non-Military Status To fill out the Affidavit of Non-Military Status:

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Fill out the top part of the form the same as you did in your Petition. Write in the case number. On the blank line after "County of ___________," write in the name of the county where you are signing this form. On the first blank line, write in your name. Do not sign the Affidavit of Non-Military Status of Respondent until you are in the presence of a Notary Public or Court Administrator/Deputy. Make sure to bring picture identification to show to the Notary Public or Court Administrator/Deputy. NOTE: If your spouse IS in the military, you CANNOT sign this Affidavit. See an attorney for advice. Default Scheduling Request To fill out the Default Scheduling Request: Fill out the top part of the form the same as you did in your Petition. Write in the case number. Checkmark the line "Approval without a hearing pursuant to Minn. Stat. §518.13, subd. 5." Checkmark the line "The marriage does not include minor children, at least 50 days have elapsed since service of the Summons and Petition and the respondent has not appeared in the action." Fill in your name, address and phone number. See Step 14 for Information on where to file the above papers.

If Your Spouse Appeared by a Pleading Other than an Answer:
If your spouse did not file an Answer, but did file a letter or other written response, or sent you a written response, or appeared in person at a hearing held in this divorce case, then you must notify your spouse that you intend to ask the court for an order based on your Petition. You notify your spouse by sending to your spouse the Notice of Intent to Proceed to Judgment form, available from the Court Administrators office or at www.mncourts.gov/forms. Keep a copy of the Notice to file with the Court. If you do not have your spouses address, ask an attorney what you should do. Once you have mailed the Notice of Intent to Proceed to Judgment, wait until: a) at least 50 days have passed since your spouse was served with the Summons and Petition and b) wait until it has been at least 13 days since you mailed the Notice of Intent to Proceed to Judgment. Then file the completed forms listed below: 1. The original signed and notarized Petition 2. The original Summons 3. The original signed and notarized Affidavit of Service of the Summons and Petition or Admission of Service. 4. The original Certificate of Representation and Parties 5. The original and one copy of the Findings of Fact, Conclusions of Law, Judgment and Decree

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6. Affidavit of Default To fill out the Affidavit of Default: Fill out the top part of the form the same as you did in your Petition. Write in the case number. On the blank line after "County of ___________," write in the name of the county where you are signing this form. On the first blank line, write in your name. On the next blank line, write in the date that your divorce papers were served upon your spouse. Do not sign the Affidavit of Default until at least thirty (30) days have passed since your spouse was served with the Summons and Petition. Do not sign the Affidavit of Default if your spouse served you with an Answer. 7. Affidavit of Non-Military Status To fill out the Affidavit of Non-Military Status: Fill out the top part of the form the same as you did in your Petition. Write in the case number. On the blank line after "County of ___________," write in the name of the county where you are signing this form. On the first blank line, write in your name. Do not sign the Affidavit of Non-Military Status of Respondent until you are in the presence of a Notary Public or Court Administrator/Deputy. Make sure to bring picture identification to show to the Notary Public or Court Administrator/Deputy. NOTE: If your spouse IS in the military, you CANNOT sign this Affidavit. See an attorney for advice. 8. Default Scheduling Request To fill out the Default Scheduling Request: Fill out the top part of the form the same as you did in your Petition. Write in the case number. Checkmark the line "Approval without a hearing pursuant to Minn. Stat. §518.13, subd. 5." Checkmark the line "The marriage does not include minor children, at least 50 days have elapsed since service of the Summons and Petition and the respondent has not appeared in the action. Note: If you obtained a court order allowing you to serve your spouse by publication in a legal newspaper or by mail, your spouse has 51 days from the first date the summons was published in the newspaper or 51 days after the papers were mailed to serve you with an Answer. Wait the 51 days plus an additional 20 days before filing the Default Scheduling Request if you served by publication. Fill in your name, address and phone number. 9. Notice of Intent to Proceed to Judgment, with attached Affidavit of Service of the Notice of Intent

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See Step 14 for information on where to file the above papers.

Step 16 After You Receive the Decree from the Court Administrator's Office
1. As Petitioner, it is your responsibility to serve Respondent with a copy of the Divorce Decree after it is signed by the Judge and entered by the Court Administrator. If you and Respondent signed a Stipulated Judgment and Decree it states that service of the Judgment and Decree can be made by mail. Have someone, other than you, who is at least 18 years of age, mail to your spouse a copy of the Decree you obtained from the court. The Decree must be sent by first class U.S. mail with sufficient postage, addressed to your spouses home address. If you do not have an address for your spouse, address the envelope to your spouses last known address. The person who mails the Decree to your spouse must fill out the Affidavit of Service by Mail, and return it to you. You then file the Affidavit of Service by Mail with the court. If you and your spouse did not sign a Stipulated Judgment and Decree, someone else, at least 18 years of age, must serve the Judgment and Decree on your spouse by handing it to your spouse. The server must fill out the Affidavit of Personal Service form and return it to you. File the Affidavit with the court to prove that you served your spouse with the Decree. Serving your spouse with the Decree helps prove your spouse knew what was ordered, in case you need to ask the court to enforce the order through a contempt motion. You can file the Affidavit of Service in person or by mail with the Court Administrator.

OTHER STEPS AFTER ENTRY OF THE DECREE
It is the responsibility of the parties to take all necessary steps to put into effect the orders of the court. For example, if you changed your name you will need to get your drivers license and social security card changed to reflect your new legal name. If you or your spouse were awarded pension or medical benefits, the company or provider will need to see the Decree and may have other requirements before making the changes ordered by the court. If you and/or your spouse own real estate, a certified copy of the Decree must be filed in the real estate records where the property is located. The actions you need to take depend on your Decree and your situation, and you should consult an attorney with any questions you have.

DIV401

State

ENG

Rev 4/09

www.mncourts.gov/forms

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