Amended Judgment And Decree

AMENDED JUDGMENT AND DECREE IN A DISSOLUTION OR PATERNITY ACTION Table Of Contents Section 1: Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Introduction (page 2) Stipulation to Amend Judgment and Decree (page 3) Order to Amend Judgment and Decree (page 4) Amended Judgment and Decree (page 5) Where to file completed documents (page 6) Helpful hints (page 7) Definitions (page 8) See following sample forms on website: Stipulation To Amend Judgment And Decree Order To Amend Judgment And Decree Last Revised 5/12/02 1 American LegalNet, Inc. www.FormsWorkFlow.com I. Introduction And General Information If you have questions regarding the This information is to assist individuals in filing stipulated; non-contested amended judgments in marriage dissolution or paternity cases in Hennepin County. preparation of these documents, you should consult with an attorney. Please be advised that if you are filing your own documents, you are acting as your own attorney or "pro se" for yourself. You are responsible for complying with the rules of court in the same way as any attorney. This same procedure applies for Amended Paternity Findings, Order for Judgment, Judgment and Decree. Note: If the parties do not agree or if they stipulate to amend the Judgment and Decree, a motion to amend must be filed with the court and a hearing will be held. Following the hearing, an Order to Amend the Judgment and Decree will be prepared by the Court or one of the attorneys (or the pro se party) upon instructions from the Court. You or your attorney will still need to prepare the Amended Judgment and Decree. Required Forms · · · Stipulation to Amend Judgment and Decree (section II) Order to Amend Judgment and Decree (section III) Amended Judgment and Decree (section IV) Last Revised 5/12/02 2 American LegalNet, Inc. www.FormsWorkFlow.com II. A. B. Stipulation to Amend Judgment and Decree The document must set forth the reason why your are changing the Judgment and Decree and the specific paragraph(s) in the Judgment and Decree you wish to have amended. In preparing the Stipulation, you should have before you the original Judgment and Decree. Complete the following: Put the file number listed on the original Judgment and Decree in the space marked DC File #______________________. Put the date of the original Judgment and Decree in the first "Whereas" Indicate whether a party is representing themselves or is represented by an attorney in the second "Whereas" for petitioner and the third "Whereas" for respondent. List the reason(s) for the amendment in the fourth "Whereas". Some examples are: the parties have discovered an improper legal description, the financial circumstances have changed and the parties wish to change support or maintenance or their personal circumstances have changed and the parties wish to modify the custody or visitation provision of their Judgment and Decree. If there are specific Findings in the Judgment and Decree that were inaccurate and you want the Order to reflect the correct information, a statement of correction information shall be placed in this section. In paragraph number one of the "Therefore" clause, list the specific paragraph(s) in the Judgment and Decree you wish to change. In paragraph number two of the "Therefore" clause, insert the language you now want included in the Judgment and Decree. If you have more than one paragraph to be amended, you should state a separate paragraph for each one that is to be amended. C. Each party should sign this stipulation and agreement. If a party is not represented by counsel, their signature must be notarized. The address and telephone number of each party and attorney's name (if any) must be included. Last Revised 5/12/02 3 American LegalNet, Inc. www.FormsWorkFlow.com III. A. Order to Amend Judgment And Decree This is prepared unsigned. District Court staff will send this to the judicial officer for signing. The Order to Amend consists of Findings and Order. placed in the Order The exact number of the amended paragraph(s) to be amended must be specified in the Order and the exact new wording must be B. Complete the following: Put the file number listed on the original Judgment and Decree in the space marked DC File #______________________. Leave blank the date the case comes before the Court (you don't yet know what date that will be). Indicate whether a party is representing themselves or is represented by an attorney in the second paragraph. In paragraph number two of "The Court Finds", insert each paragraph of the "Whereas" clause from your Stipulation that explains what circumstances have changed and the reasons you wish the Judgment and Decree changed (the fourth "Whereas" on the Stipulation). Those provisions included here in the "The Court Finds" that are changing the Findings of Fact are not included in the Amended Judgment and Decree. In paragraph number one of "It is Ordered", insert the date the original Judgment and Decree was entered. In paragraph number two of "It is Ordered", insert each paragraph of the original Conclusions of Law you wish to amend. The only paragraph(s) included in the Amended Judgment and Decree are the paragraph(s) amended in the Conclusions of Law provisions. Last Revised 5/12/02 4 American LegalNet, Inc. www.FormsWorkFlow.com IV. A. Amended Judgment and Decree This consists of the preamble, all the paragraphs of the old Conclusions of Law that were not amended and the new Amended Conclusions of Law. The Findings of Fact are not included in the Amended Judgment and Decree. In cases where the Findings of Fact have also been changed, the new Findings of Fact are in the Order to Amend and need not be repeated in the Amended Judgment and Decree. B. The Amended Judgment and Decree is prepared from the Order to Amend the Judgment and Decree. Complete the following: Put the file number listed on the original Judgment and Decree in the space marked DC File #______________________. Put the date of the original hearing (which you will find on the Judgment and Decree) in the first blank of the first paragraph. Put the date the Judgment and Decree was entered in the second blank of the first paragraph. Leave blank the date on which the Order to Amend the Judgment and Decree was entered. Put the date of the original Judgment and Decree in the second paragraph. Insert the paragraphs, as they will appear in your new Amended Judgment and Decree. The first paragraph shall be the first parag