Requirements for Stipulated Decrees in Minnesota

Minnesota judges receive many stipulated divorce decrees and marital termination agreements for administrative review or review prior to a default hearing.  Those prepared by unrepresented parties often are quite a mess, such as retirement provisions that simply state, "He gets 1/2 of her 401k" and nothing more.  These poorly-drafted decrees often result in post-decree litigation due to their vagueness or questionable enforceability.
I am aware that the family lawyer's staff may simply merge the Petition and Agreement into the proposed Decree.  But, please, review the decree before sending it to the judge.  Be certain that the tense of certain phrases from the Petition are still applicable. 

1.  VENUE:   I see many decrees that state, "That Petitioner has been and now is a resident of the State of Minnesota and County of Wright."  But that is not the proper language for the decree.  The decree must state the place of residence or domicile when the matter was commenced.  Often the Petitioner has moved and no longer resides in the same county as when the petition was signed.  This is not a minor point and concerns proper venue. 

2.  CHILD SUPPORT ORDERS AND MAINTENANCE WAIVERS:  Be certain to have detailed findings of fact to support any deviation from the child support guidelines, or a waiver of spousal maintenance, particularly for a long marriage.  Attach a Child Support Guidelines Worksheet.  Check MSA 518.552 (5) for the requirements for a proper waiver of maintenance.  It is preferable that you state each party's monthly living expenses.

3.  REAL ESTATE:  "Legal to govern" has long been discarded as proper language.  Check the legal description once again and don't count on a tax statement as being accurate. We see many requests to amend a decree years later due to incorrect legal descriptions in the original decree.

4.  PARENT EDUCATION CLASS:  Be sure each party has attended the required class before submitting the decree.

5.  NAME CHANGE:  Submit the proper affidavit of name change with the decree if your client is requesting a name change.

6. UNEQUAL PROPERTY DIVISION:  If the property division varies greatly from an equal division, provide specific findings of fact explaining why, including non-marital property.