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FINAL STIPULATION Property, Debts and Spousal Support (for (Vermont Judiciary)

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Form 878NR Final Stipulation Non Resident Civil Union (12/2014) Page 1 of 5
STATE OF VERMONT
SUPERIOR COURT
FAMILY DIVISION
Unit
Docket No.
Plaintiff Name
DOB
V.
DOB
FINAL STIPULATION
Property, Debts and Spousal
Support
(for use in nonresident divorce/dissolution cases only)
We, the parties in this action, agree to the following provisions and we agree that the court may include these provisions in its
final decree and order:
1.
Separation
We have lived separate and apart in excess of six consecutive months
of
and the resumption of our marital or civil
union relationship
is
not
reasonably
probable.
We
began
living
separately
on
________________________
2.
Waiting Period (Nisi Period)
In Vermont,
a
divorce/civil union
is
not absolute until three months after the date
of
the final decree unless the
parties agree to waive all or part of that period known
as
the ''nisi period.''
A
waiver of all or part of the period can
have an impact on
one
parties' eligibility to be covered by the other party's health insurance and can impact
income
tax filing
status.
☐
We wish to waive the waiting period. We understand that the
divorce/civil
union dissolution will become final
on the date the divorce decree is signed
by the judge.
☐
We do not wish to waive any portion of the waiting period. We
understand
that our divorce/civil union will not
become final until three months after
the
date the divorce decree is signed by the
judge.
☐
We wish to waive
a
portion of the waiting period so that the final decree will
become
final ________
days after
it is
signed.
3.
Vehicles
☐
We do not own any motor
vehicles.
☐
Each party is awarded the vehicle(s) in his/her name or possession free of
any
right,
title or
interest
of the
other
party.
The
party
to
whom
the
vehicle
is
awarded
shall be
solely responsible
for any
loans/liens
on the
vehicle and
shall
hold the
other party harmless from
any
liability
for that debt.
☐ Title and
ownership
for the
following vehicle(s)
will be
transferred
to ☐ Plaintiff
☐
Defendant
by
_________________.
Describe
vehicle(s):_____________________________________________________________________________________________
☐
Refinancing of any loans related to this vehicle will be completed by ________________________________
☐ Title and
ownership
for the
following vehicle(s)
will be
transferred
to ☐ Plaintiff
☐
Defendant
by
_________________.
Describe
vehicle(s):___________________________________________________________________________ __________________
☐
Refinancing of any loans related to this vehicle will be completed by ________________________________
Form 878NR Final Stipulation Non Resident Civil Union (12/2014) Page 2 of 5
4.
Furniture and Other Personal
Property
☐
We have divided all of our furniture and other personal property to
our
satisfaction unless otherwise noted
below and we agree that the court should award each of us the personal property in our possession free of any
interest
of the other
party.
☐
Plaintiff is awarded the following items of personal
property:
__________________________________________________________________________________
☐
Defendant is awarded the following items of personal property:
_____________________________________________________________________________________________
☐
The items listed above shall be transferred to the party to whom they
are
awarded as follows (please specify date
and means of transfer):
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
5. Pensions, Retirement Plans and Other Tax Deferred Assets
☐
Neither party has
a
pension, retirement plan or
a
tax deferred
assets.
Each party is awarded sole ownership and
possession of any
pension,
retirement 401 (k), IRA, or other retirement plan currently in his/her name,
free and clear
of any interest of the other
party.
☐
The following retirement asset shall be divided between the
parties:
Name of
Asset/Plan: _________________________________________________________________
Agreed
upon
division: ____________________________________________________________________________
☐
A Qualified Domestic Relations Order shall be prepared by
☐ Plaintiff
☐
Defendant
within a reasonable period
of time not to
exceed __________
months.
☐
The-following retirement asset shall be divided between the
parties:
Name of
Asset/Plan: _________________________________________________________________
Agreed
upon
division:
_________________________________________________________________
☐
A Qualified Domestic Relations Order shall be prepared by
☐ Plaintiff
☐
Defendant
within a reasonable period
of time not to
exceed __________
months.
6. Other Financial Assets
☐
Each party is awarded his/her respective bank accounts (checking
and/or
savings), credit union accounts, certificates
of deposit and all similar accounts
unless otherwise provided
below.
☐
Each party is awarded stocks, bonds, mutual funds or other intangible
personal property in her/her name unless
otherwise provided below.
☐
Plaintiff is awarded the following bank accounts, stocks, bonds, mutual funds
or other intangible personal
property currently in joint names or the name
of
the other party (if using numbers to identify accounts, use only
the last
four
digits):
______________________________________________________________________________________________________________________
☐
Defendant is awarded the following bank accounts, stocks, bonds, mutual
funds or other intangible personal
property currently in joint names or
the
name of the other party (if using numbers to identify accounts, use only
the
last four digits):
______________________________________________________________________________________________________
☐
Other: _____________________________________________________________________________________________________
Form 878NR Final Stipulation Non Resident Civil Union (12/2014) Page 3 of 5
7. Real Estate
☐
We do not own any real
estate.
☐
List
of
properties: We own the following real property
in
either separate
names or together (list the location of
each parcel of real
property):
_______________________________________________________________________________
_______________________________________________________________________________
☐
We do not own any property in joint names. Each party
if
awarded
the
property in his or her own
name free and clear of any interest of the other
party.
☐
Sale of property: The following property/properties shall be listed for sale
by ________________
_______________________________________________________________________________
The net proceeds from such sale shall be divided as
follows:
Plaintiff: __________________% Defendant: _____________________%
Other conditions related to the sale of the
property/properties:
_______________________________________________________________________________
_______________________________________________________________________________
Pending the sale of the property, responsibility for payment of mortgage, taxes and other expenses related to the
property shall be paid as follows:
____________________________________________________________________________________________
____________________________________________________________________________________________
☐
Property Awarded to Plaintiff:
Plaintiff is awarded the following parcel(s)
of
real property, free and clear of any
interest of
Defendant:
_______________________________________________________________________________
☐
Plaintiff shall be solely responsible for mortgage, property taxes and all expenses related to the
property
☐ By _______________, Plaintiff shall pay Defendant $_______________ as compensation for
his/her interest in the property.
☐ By _______________, the Defendant shall sign a quit claim deed transferring his/her
interest in the property to Plaintiff.
☐ By _______________, Plaintiff shall refinance the mortgage on the property releasing
Defendant from all liability. The parties shall cooperate in the drafting and execution of
all paperwork necessary to accomplish the refinancing.
☐ Other condition related to the transfer:
___________________________________________________________________________
☐
Property Awarded to Defendant:
Defendant is awarded the following parcel(s)
of
real property, free and
clear of any interest of Plaintiff
:
______________________________________________________________________________
☐
Defendant shall be solely responsible for mortgage, property taxes and all expenses related to the
property
☐ By _______________, Defendant shall pay Plaintiff $_______________ as compensation for
his/her interest in the property.
☐ By _______________, the Plaintiff shall sign a quit claim deed transferring his/her
interest in the property to Defendant.
☐ By _______________, Defendant shall refinance the mortgage on the property releasing
Plaintiff from all liability. The parties shall cooperate in the drafting and execution of all
paperwork necessary to accomplish the refinancing.
☐ Other condition related to the transfer:
___________________________________________________________________________
Form 878NR Final Stipulation Non Resident Civil Union (12/2014) Page 4 of 5
8. Division of Debt (other than mortgages and vehicle debt)
☐
Each party shall be solely responsible for any debts he or she has incurred
since the date of separation, and
will hold the other party
harmless therefrom.
☐
Plaintiff shall have the sole responsibility to pay the following debts:
(List each debt and the amount owed)
______________________________________________________________________________
______________________________________________________________________________
☐
Defendant shall have the sole responsibility to pay the following debts:
(List each debt and the amount owed)
______________________________________________________________________________
______________________________________________________________________________
☐
Other agreements related to payment of
debt:
______________________________________________________________________________
______________________________________________________________________________
9.
Spousal Maintenance (Alimony)
☐
Neither party shall pay spousal maintenance to the
other.
☐ ____________________
shall pay
the
sum of
$_______________
per ___________________
as spousal
maintenance.
The obligation shall
terminate:
☐ On _______________ or the death of one of the parties, whichever earlier occurs.
☐ Upon the occurrence of the following event:
__________________________________________________________________________
or the death of one of the parties, whichever occurs earlier.
☐ Upon the death of one of the parties.
☐ Each year on or before _______________, this obligation shall be adjusted for inflation based on
the annual increase/decrease in:
☐
The consumer price index (CPI) published by the U.S. Department of
Labor. (For information about the CPI, check
the U.S. Department of Labor
web site: http://www.bls.gov/cpi/
☐ Other: (please describe)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
10.
Procedure for Resolving Disputes
☐ If
we have
a
dispute in the future about any aspect of this agreement, we agree
to attempt to resolve the dispute
first through mediation before filing with
the
court.
☐
The parties agree to use the following procedure to resolve disputes instead of mediation.
_____________________________________________________________________________________________
11. Signing of Documents
☐
Unless otherwise specifically provided in this agreement, each party shall, within 30 days, sign and deliver to the
other party any document or paper
that
is
needed to fulfill the terms of this
agreement.
12. Name Change
__________________________ may resume his/her former name of ________________________.
Form 878NR Final Stipulation Non Resident Civil Union (12/2014) Page 5 of 5
13. Acknowledgments Required For Nonresident Divorce/Dissolution
(All boxes must be checked in order to qualify for a nonresident divorce/dissolution.)
☐
Financial Disclosure: We warrant that we have fully disclosed
all of their
property, income, assets and debts to
each
other.
☐
Abuse Prevention Order: Neither
of us is
subject
to an
abuse prevention
order in
a
proceeding between
us.
☐
Children: No minor children were born
or
adopted during our marriage/union.
☐
Unavailability
of
Divorce/Dissolution:
The state or
states where
we reside
do not recognize our
marriage/union for the purposes of
divorce/dissolution.
☐
We are entering into this stipulation freely and
voluntarily
☐ We understand that if either of us wishes to litigate any issue related to this dissolution before a
Vermont court, one of us must meet the residency requirement set forth in 15 V.S.A. § 592 of the
Vermont Statutes.
14.
Other
(check all applicable boxes)
☐
Tax Refunds: Any tax refund due or anticipated by the parties resulting from their having filed
a
joint federal
and/or state income tax return for this or
any
prior year shall, upon receipt, be endorsed by both parties and
equally
distributed between
them.
☐
Mutual Releases: Other than as set forth
in
this agreement
or
other order
of
the court, each party agrees to
defend, indemnify and hold the other harmless from any claim related to an obligation for which he/she has
accepted
responsibility as part of this
agreement.
☐
Waiver: Each party waives the right to any interest he/she may have in
the
other party's estate except as to any
will or estate plan executed after the date
of the final
decree.
☐
Change
in
Address
or
Employment: Each party shall promptly notify
the
other party of any change in his/her
address or telephone number, and of
any
material change in employment, as long as there are any continuing
obligations under this decree. ''Material Change'' includes availability of medical, dental
or
life insurance and any
substantial increase or decrease in earnings or
other
income.
☐
Miscellaneous:
____________________________________________________________________________________
_____________________________________________________________________
We believe that this agreement is
a
fair and reasonable resolution of all the
issues
related to our marriage or civil union
and we have each entered into this agreement
freely
and voluntarily. We request that the Court approve the terms of
our agreement and make
them a part of a Final Order in this
case.
Date
___________________ ____________________________________
Plaintiff’s Signature
Date
___________________ ____________________________________
Defendant’s Signature
Approved
as to
Form
if
parties are
represented:
___________________________________ ____________________________________
Plaintiff’s
Attorney Signature
Defendant's Attorney Signature
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FINAL STIPULATION Property, Debts and Spousal Support (for (Vermont Judiciary)

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Completed 30 July 2020

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