Free STATE OF MINNESOTA - Minnesota


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Date: June 20, 2008
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State: Minnesota
Category: Court Forms - State
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http://www.courts.state.mn.us/forms/public/forms/Divorce__Dissolution/Response_to_Temporary_Relief_with_Children/DIV1102.pdf

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Preview STATE OF MINNESOTA
State of Minnesota
County

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

Select County
In Re the Marriage of:

Name of Petitioner

Responsive Notice of Motion and Motion for Temporary Relief With Children

and
Name of Respondent

TO:

Petitioner
First Street Address City

Respondent
Middle Last Apt. No. County State Zip Code

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

, 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. Custody of the minor child(ren); b. Parenting Time; c. Dividing our household goods, furnishings, vehicle(s), bank account(s), other assets and personal property; d. Dividing our real property; e. Maintenance/Alimony; f. Dividing our debts;

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g. Other: .

2.

"Legal custody" identifies which parent(s) will have a right to make decisions regarding the medical, educational and religious upbringing of the child(ren). Temporary legal custody of the child(ren) should be granted: (check one) a. Jointly to me and the other party b. Solely to (check one): me the other party

3.

"Physical custody" identifies with whom the child(ren) will live. Temporary legal custody of the child(ren) should be granted: (check only "a" or "b") a. Jointly to me and the other party, with the child(ren) living with me at the following times:

, and the child(ren) living with the other party at the following times:

. b. Solely to (check one): me the other party

4.

Parenting time between the minor child(ren) and (check one): should be: a. supervised

me

the other party

unsupervised and scheduled as follows:

Weekends:

b.

Week nights or after school:

c.

Holidays:

d.

Summer:

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e.

Telephone contact:

f.

Other:

5.

Temporary child support should be paid as follows: (check one) a. The other party should pay to me $ per month for temporary support of the minor

child(ren). The payments should be automatically withheld from the other party's wages or salary and paid to me according to Minnesota Statute 518A.53. b. I should pay the other party $ per month for temporary support of the minor

child(ren). The payments should be automatically withheld from my wages or salary and paid to the other party according to Minnesota Statute sections 518A.53. 6. 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 518A.53. 7. 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 $ fees and expenses. c. The Court should decide attorney's fees later. toward my attorney's

8.

The other party should go to an evaluation or to counseling:

YES

NO.

If YES, the evaluation or counseling is for: (check all that apply) a. Alcohol use; b. Drug use; c. Anger management or domestic abuse.

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9.

Homestead: 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 and: (check one) I b. the other party should pay the mortgage and other expenses for the home. , State of ,

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

c. The other party and I should share the use and possession of the home located at in the City of , State of . The mortgage

and other expenses for the home should be paid as follows:

Expense

Who Should Pay

10.

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):

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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):

11.

a. Until the final decree is ordered, temporary use and possession of the vehicle(s) should be awarded, 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.

12.

a. Until the final decree is ordered, our debts should be paid as follows: Creditor (to whom the money is owed) Account No. $ $ $ $ $ $ $ $ Total Balance Owed Monthly Amount Due $ $ $ $ $ $ $ $ Who Should Pay

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b. We do not have any debts. 13. 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:

. 14. The other party should reinstate insurance: should be reinstated: . 15. The Court should order the other party to immediately notify me of any salary or wage increases, bonuses or other extra income: YES NO. YES NO. If YES, list the insurance that

16.

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.

17.

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.

18.

The Court should allow me to sell or otherwise get rid of other property: YES, list the property you wish to dispose of and explain why:

YES

NO. If

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19.

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.

20.

There is something else I want the Court to Order: is:

YES

NO. If YES, the relief I request

. 21. 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. 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. 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. 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. 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.

b)

c)

d)

DATE:
Signature of Person Bringing Motion

Address: City/ State/Zip Code: Telephone:

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