Final Pre Trial Order {CCLF-FC-013}

NORTH CAROLINA CUMBERLAND COUNTY IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. Plaintiff vs. Defendant ) ) ) ) ) ) ) FINAL PRE-TRIAL ORDER THIS MATTER coming on to be heard upon Pre-Trial Conference before the undersigned Judge Presiding upon pleadings seeking an equitable distribution of the parties marital property; and IT APPEARING that the parties have reached agreement on certain facts and issues and have delineated the areas of their agreement and disagreement; and IT APPEARING that by their signatures affixed hereto, each party has stipulated that he or she agrees with the factual information contained in this Order and the schedules attached hereto; and IT FURTHER APPEARING that each party has warranted that he or she has disclosed the existence of all property, both separate and marital, to which he or she may have claim as of their date of separation, regardless of how such property may be titled or how actual ownership may be designated; and that said disclosures have been full and honest and free of any fraud. CCLF-FC-013 American LegalNet, Inc. www.FormsWorkFlow.com NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED: 1. That the court has jurisdiction over the parties and the subject matter of this action. 2. That Plaintiff and Defendant were married on _____________. 3. That there were ______ children born to the marriage, to-wit: ______________________, born ________________. 4. (Whatever custody & support status is) That temporary custody and temporary child support issues have been previously determined and Plaintiff has primary custody and Defendant has secondary temporary custody of the minor children. 5. That Plaintiff and Defendant separated on or about ______________________. 6. That Plaintiff and Defendant were lawfully divorced from each other on _________________. (Or not yet divorced). 7. That Schedule A is a list of all property and debts stipulated to be marital with each party's contention as to value. 8. That Schedule B is a list of all property and debts stipulated to be separate with each party's contention as to value. 9. That Schedule C is a list of all property and debts stipulated to be divisible with each party's contention as to value 10. That Schedule D is a list of all property and debts contested as to classification with each party's contention as to value. 11. That Schedule E is a list of Plaintiff's contentions supporting an unequal division. 12. That Schedule F is a list of Defendant's contentions supporting an unequal division. American LegalNet, Inc. www.FormsWorkFlow.com 13. Trial has been set for __________________. This the ________ day of _____________, 2011. ________________________________ JUDGE PRESIDING CONSENTED TO: ________________________ Plaintiff ________________________ Attorney for Plaintiff ________________________________ Defendant ________________________________ Attorney for Defendant American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE A File # __CVD____ DOM:__________________ DOS:__________________ STIPULATED MARITAL PROPERTY AND DEBTS WITH VALUES AS CONTENDED BY THE PARTIES Classification Stipulated Title H or W Possession H or W H.Value FMV W.Value FMV Mortgage or Debt Value on Date Distri. Equity Distribution H Distribution W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 American LegalNet, Inc. www.FormsWorkFlow.com Classification Stipulated Title H or W Possession H or W H.Value FMV W.Value FMV Mortgage or Debt Value on Date Distri. Equity Distribution H Distribution W 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE B DOM:________________ DOS: ________________ STIPULATED SEPARATE PROPERTY AND DEBTS WITH VALUES AS CONTENDED BY THE PARTIES Classification Stipulated Title H or W Possession H or W H.Value FMV W.Value FMV Mortgage or Debt Value on Date Distri. File # __CVD____ Equity Distribution H Distribution W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 American LegalNet, Inc. www.FormsWorkFlow.com Classification Stipulated Title H or W Possession H or W H.Value FMV W.Value FMV Mortgage or Debt Value on Date Distri. Equity Distribution H Distribution W 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE C File # __CVD____ DOM:_______________ DOS: _______________ STIPULATED DIVISIBLE PROPERTY AND DEBTS WITH VALUES AS CONTENDED BY THE PARTIES Classification Stipulated Title H or W Possession H or W H.Value FMV W.Value FMV Mortgage or Debt Value on Date Distri. Equity Distribution H Distribution W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 American LegalNet, Inc. www.FormsWorkFlow.com Classification Stipulated Title H or W Possession H or W H.Value FMV W.Value FMV Mortgage or Debt Value on Date Distri. Equity Distribution H Distribution W 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE D DOM:__________________ DOS: __________________ CONTESTED PROPERTY AND DEBTS WITH VALUES AS CONTENDED BY THE PARTIES CONTESTED PROPERTY AND DEBTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Title H or W Possession H or W H.Value FMV W.Value FMV Mortgage or Debt Value on Date Distri. File # __CVD____ Equity Distribution H Distribution W American LegalNet, Inc. www.FormsWorkFlow.com CONTESTED PROPERTY AND DEBTS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Title H or W Possession H or W H.Value FMV W.Value FMV Mortgage or Debt Value on Date Distri. Equity Distribution H Distribution W American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE E PLAINTIFF'S CONTENTIONS FOR AN UNEQUAL DIVISION _______The income, property, and liabilities of each party at the time the division of property is to become effective. _______Any obligation for support arising out of a prior marriage. _______The duration of the marriage and the age and physical and mental health of both parties. _______The need of a parent with custody of a child or children of the marriage to occupy or own the marital residence and to use or own its household effects. _______The expectation of pension, retirement, or other deferred compensation rights that are not marital property. _______Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and