Free STATE OF MINNESOTA - Minnesota

State of Minnesota
County

District Court
Judicial District: Court File Number: Case Type:

Select County

Dissolution

In Re the Marriage of:

Name of Petitioner

and
Name of Respondent

Notice Of Motion And Motion For Temporary Relief Without Children

TO:

Petitioner

Respondent

First Street Address City County

Middle

Last Apt. No. State Zip Code

NOTICE PLEASE TAKE NOTICE that on the at of the o'clock .m. before
(name of judge/judicial officer)

day of

, in Room , Minnesota, I

located at

will ask the Court for an Order granting the following relief: 1. The Court should order the other party and me to use mediation to help us reach an agreement: YES NO. If YES, the issues that should be mediated are:

a. Dividing our household goods, furnishings, vehicle(s), bank account(s), other assets and personal property; b. Dividing our real property; c. Maintenance/Alimony;

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d. Dividing our debts; e. Other:

2.

Temporary maintenance (alimony) should be granted as follows: (check one) a. Temporary maintenance should not be granted either to me or the other party. b. The Court should decide temporary maintenance later. c. The other party should pay to me $ per month for temporary

maintenance. The payment should be automatically withheld from the other party's wages or salary and paid to me according to Minnesota Statute sections 518.611 or 518.613. 3. Attorney's fees should be awarded as follows: (check one) a. The Court should require me and the other party to each pay our own attorney's fees and expenses if we have any. b. The Court should require the other party to pay me $ attorney's fees and expenses. c. The Court should decide attorney's fees later. 4. Until the final decree is ordered (check one): a. I should have sole use and possession of the home located at in the City of , State of , and (check one): toward my

I the other party should pay the mortgage and other expenses for the home. b. The other party should have sole use and possession of the home located at in the City of , State of , and (check one):

I the other party should pay the mortgage and other expenses for the home. c. The other party and I should share the use and possession of the home located at in the City of

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, State of home should be paid as follows:

. The mortgage and other expenses for the

Expense

Who Should Pay

5.

Until the final decree is ordered (check one): a. The other party and I should have the temporary use and possession of the personal belongings, household goods, and furnishings that each of us now has in possession. b. The Court should give me temporary sole use and possession of the following personal belongings, household goods, and furnishings (list the items you want):

c. The Court should give the other party temporary sole use and possession of the following personal belongings, household goods, and furnishings (list the items they want):

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6.

a. Until the final decree is ordered, temporary use and possession of the vehicle(s) should be divided, and the vehicle loan(s) and insurance should be paid, as follows: Awarded to Year Make Model whom Who pays vehicle loan/insurance

b. We do not own any vehicles. 7. a. Until the final decree is ordered, our debts should be paid as follows: Creditor (to whom the money is owed) $ $ $ $ $ $ $ 8. $ $ $ $ $ $ $ Account No. Total Balance Owed Monthly Amount Due Who Should Pay

The Court should allow me to change certain medical, dental, automobile, or life insurance policies: YES NO. If YES, list the policy and the changes you want to make: .

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9.

The other party should reinstate insurance: YES NO. If YES, list the insurance that should be reinstated .

10.

The Court should order the other party to immediately notify me of any salary or wage increases, bonuses or other extra income: YES NO.

11.

The Court should order that the other party shall not spend or otherwise use income raises, income tax refunds, bonuses, or other extra income: YES NO.

12.

Restrain both parties from transferring, encumbering, concealing or disposing of property, including any tax refunds, except in the usual course of business or for the necessities of life, except as to any future earned income, except as the parties with their attorneys may mutually agree in writing.

13. 14.

The Court should allow me to sell or otherwise get rid of other property: YES NO. Restrain both parties from harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining the liberty of the other party or the child(ren) of the parties.

15.

The Court should grant the additional relief: request is:

YES

NO.

If YES, the relief I

. 16. The Court should grant other additional relief that is fair and just.

The grounds for this Motion are as stated in the Affidavit and the Application for Temporary Relief which accompany this Notice of Motion and Motion.

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VERIFICATION AND ACKNOWLEDGEMENTS a) I have read this document. To the best of my knowledge, information and belief, the information contained in this document is well grounded in fact and is warranted by existing law. b) I have not been determined by any Court in Minnesota or in any other state to be a frivolous litigant and I am not the subject of an Order precluding me from serving or filing this document. c) I am not serving or filing this document for any improper purpose, such as to harass the other party or to cause delay or needless increase in the cost of litigation or to commit a fraud on the Court. d) I understand that if I am not telling the truth, or if I am misleading the Court or serving or filing this document for an improper purpose, the Court can order me to pay money to the other party, including the reasonable expenses incurred by the other party because of filing or serving this document, court costs, and reasonable attorney's fees.

NOTICE TO THE OTHER PARTY After you receive these papers, if you want to respond to anything raised by the other party in his/her papers, your written response must be personally served on the other party at least five (5) days before the hearing or mailed to the other party at least eight (8) days before the hearing. Your responsive papers must be filed with the Court Administrator at least five (5) days before the hearing. If you want to raise new issues at the hearing the other party has scheduled, your Motion and Affidavit must be personally served on the other party at least ten (10) days before the hearing or mailed to the other party at least thirteen (13) days before the hearing. Your papers raising new issues must be filed with the Court Administrator at least ten (10) days before the hearing.

Dated:
Signature of person brining the Motion.

Name:

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Street Address: City/State/Zip: Telephone:

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