IN DISTRICT COURT, __________________ COUNTY, NORTH DAKOTA
________________________________ Plaintiff,
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT
Vs. Civil No. ________________ _________________________________ Defendant. The above-entitled proceeding came on duly for hearing before the above-named Court on ______ day of __________________, ________, and was heard by the Honorable _____________________ District Judge, in the District Court, ___________________ County, North Dakota. The plaintiff did/did not appear personally. defendant did/did not appear personally. Court. The
A Settlement agreement signed by both parties has been submitted to the
After hearing all of the evidence adduced at said hearing and being fully advised in the premises, and being advised of the written Settlement Agreement of the parties and upon all the pleadings and proceedings, herein, the Court makes the following: FINDINGS OF FACT 1. Plaintiff's full name, address, social security number (last 4 digits) and date of birth are: Full Name: Address: __________________________________________________________________ First Middle Last __________________________________________________________________ Street Address Apt. No. __________________________________________________________________ City County State Zip
Soc. Sec. No. (only last 4 digits): Date of Birth: 2.
__________________
_________________________________
Defendant's full name, address, social security number (last 4 digits) and date of birth are:
Full Name:
__________________________________________________________________ First Middle Last __________________________________________________________________ Street Address Apt. No. __________________________________________________________________ City County State Zip
Address:
Soc. Sec. No. (only last 4 digits): Date of Birth:
__________________
_________________________________
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3.
Plaintiff and defendant were married on ______________________________, in the City of ____________________, County of __________________, State of _____________________.
4.
Plaintiff and/or defendant lived in North Dakota for the entire six (6) months immediately before serving this Complaint for Divorce.
5. 6. 7.
Plaintiff is a member of the armed forces: Defendant is a member of the armed forces:
Yes _______ No _______ Yes _______ No _______
Irreconcilable differences have arisen between the parties making the continuation of the marriage impossible.
8.
An Adult Abuse Protection Order or Restraining Order is in effect regarding plaintiff or defendant: Yes _______ No _______
If YES, the order protects plaintiff _______ defendant _______. The Order was filed in __________________ County on the following date ______________________ and the court filed number is __________________. 9. 10. There are no minor or dependent children born or expected to be born of this marriage. Plaintiff has the following sources of monthly income: Source/Describe Employment Public Assistance Social Security Benefits Unemployment/Workers Compensation Interest/Dividend Income Other $ $ $ $ $ $ Amount
11.
Defendant has the following sources of monthly income: Source/Describe Amount $ $ $ $ $ $
Employment Public Assistance Social Security Benefits Unemployment/Workers Compensation Interest/Dividend Income Other
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12.
Plaintiff needs spousal support from Defendant:
Yes _______
No _______
If YES, this is because plaintiff is _______ years of age, has been married to defendant for ______ years, has a monthly income totaling $_________________, has monthly expenses totaling $_____________, and because: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________
13.
Defendant needs spousal support from plaintiff: Yes _______
No _______
If YES, this is because defendant is _______ years of age, has been married to plaintiff for ______ years, has a monthly income totaling $_________________, has monthly expenses totaling $_____________, and because: ____________________________________________________________________________________________________ _______ ____________________________________________________________________________________________________
14.
Plaintiff and defendant have the following outstanding debts (another sheet of paper listing other debts is Yes _______ No _______
attached:
Debt Owed To
Purpose of Debt
Debt Incurred by
Balance owed
Monthly Payment
15.
Plaintiff and defendant own the following vehicles: Year/Make/Model Name's on Title Balance owed Monthly Payment
Type of Vehicle
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16.
Plaintiff and defendant jointly own marital property, including household goods, furniture, and furnishings, all of which property has been divided to the parties' satisfaction.
17.
Plaintiff and defendant jointly own real property: Yes _______ No _______ If YES, the street property of this property is ____________________________________________________, In the city of ______________, County of _____________________, State of ___________________________, And it is legally described as: __________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ This real property was purchased on _____________________, for $___________________. There is a mortgage or loan against the property in the amount of $___________________. The market value of this property is $________________________.
18.
Plaintiff owns real property solely in his or her own name: Yes _______ No _______ If YES, the street property of this property is ______________________________________________________, In the city of ______________, County of _____________________, State of ____________________________, And it is legally described as: ___________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ This real property was purchased on _____________________, for $___________________. There is a mortgage or loan against the property in the amount of $___________________. The market value of this property is $________________________.
19.
Defendant owns real property solely in his or her own name: Yes ______ No _______ If YES, the street property of this property is ______________________________________________________, In the city of _________________, County of _____________________, State of _________________________, And it is legally described as: ___________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ This real property was purchased on _____________________, for $___________________. There is a mortgage or loan against the property in the amount of $___________________. The market value of this property is $________________________.
20.
Plaintiff or plaintiff's past or present employer or union or other group pays or has paid money into a pension, profit-sharing plan, IRA or other retirement plan for plaintiff: Yes _______ No _______
If YES, described the plan (see instructions:
_______
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21.
Defendant or defendant's past or present employer or union or other group pays or has paid money into a pension, profit-sharing plan, IRA or other retirement plan for plaintiff: Yes _______ No _______
If YES, described the plan (see instructions:
_______
22. List all of your financial or other assets not otherwise mentioned in detail and identify which party will be awarded the asset.
Asset
Location
Account or Policy (last 4 digits)
Value
Plaintiff or Defendant
23.
Plaintiff wants to change his or her name:
Yes _______
No _______
If YES, the new name is _______________________________ and plaintiff has not intent to defraud or mislead anyone by changing his/her name. 24. Defendant wants to change his/her name: Yes _______ No _______
If YES, the new name is _______________________________ and plaintiff has not intent to defraud or mislead anyone by changing his/her name.
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FROM THE ABOVE AND FOREGOING, the Court now makes and enters the following:
CONCLUSIONS OF LAW
1.
Divorce and Court Approval. The plaintiff is awarded an absolute Decree of Divorce from the defendant on the grounds of irreconcilable differences, all in accordance with the provisions of the North Dakota Century Code.
2.
_______ a. Defendant shall pay to plaintiff the amount of $_________________ per month as and for spousal support for a period of _______________________________. _______ b. Plaintiff shall pay to defendant the amount of $_________________ per month as and for spousal support for a period of _______________________________. _______ c. Neither plaintiff nor defendant will be awarded permanent or rehabilitative spousal support and the court shall be divested from any jurisdiction to make any awards of spousal support in the future. _______ d. The issue of spousal support shall be reserved.
3.
The vehicles shall be awarded to plaintiff and defendant as follows, and the party receiving each vehicle shall pay for all loans and insurance associated with the vehicle: Year/Make/Model Awarded to:
4.
Plaintiff's and defendant's household goods, furniture, and furnishings have already been divided to the parties' satisfaction.
5.
a.
Each party shall be solely responsible for his or her separately incurred debts and may not ask the
other party to help pay those debts. Plaintiff and defendant's marital debts shall be paid as follows, and each party shall hold the other harmless from any responsibility for the debts each is ordered to pay: Debt Owed to To be paid by:
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6.
Plaintiff _______ Defendant _______ shall be awarded sole title and interest in the homestead located at _____________________________, in the City of ________________, County of _______________________, State of ___________________, legally described as,
And subject to a mortgage or loan against the property in the amount of $_______________.
_______ Does Not Apply
7.
Plaintiff _______ Defendant _______ shall be awarded sole title and interest in the real property located at _____________________________, in the City of ________________, County of _______________________, State of ___________________, legally described as,
And subject to a mortgage or loan against the property in the amount of $_______________.
_______ Does Not Apply
8.
Plaintiff's pension, profit, sharing, retirement plan, or IRA shall be awarded as follows:
_______ Does Not Apply
9.
Defendant's pension, profit, sharing, retirement plan, or IRA shall be awarded as follows:
_______ Does Not Apply
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10.
The parties shall be awarded all right, title, interest and equity in and to the following assets, financial or other asset, as follows: Asset Location Account or Policy (last 4 digits) Value Awarded to:
11.
Plaintiff name shall be change to: ______________________________________________
_______ Does Not Apply
12.
Defendant name shall be change to: ____________________________________________
_______ Does Not Apply
13.
Execution of Required Documents.
Each party shall, within ten (10) days from and after the date of Entry
of Judgment, or upon presentation, whichever occurs first, execute any Document, transfer papers, titles or other documents required to effect the terms and provisions of the Judgment and Decree. In the event that a party fails to sign transfer papers, as required, the Judgment shall operate to transfer title to property, as awarded.
14. Waiver of Counsel. The parties acknowledged that each has the right to be represented by a lawyer of his/her choice. The parties expressly waived that right and freely and voluntarily entered into the settlement agreement which became a basis for the order for judgment and judgment.
ORDER FOR JUDGMENT
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated on ___________________________, ____________. BY THE COURT: ________________________________________________ Judge of the District Court
Civil No. ______________
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