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Be part of the MSBA delegation going to Israel. (2 days ago)

Updated Monster Judgment and Decree

In September 2008, our inaugural post highlighted the complexity of drafting a form version of a Stipulated Judgment and Decree for a family law matter.  practicelaw posted a Microsoft Word version a month later and released an automated version in mndocs shortly after that. But it was not our work. It was the result at that time of a phenomenal collaboration of more than 20 family law attorneys who first gathered around a conference table at Gray Plant Mooty, comparing their own versions of judgments and decrees, contributing clauses, discussing issues, and ultimately putting together what Dana McKenzie, who spearheaded the effort, appropriately labeled the Monster Judgment and Decree.

More than 100 posts later, we’ve had at least two new looks for the blog, launched a new practicelaw, and now—drum roll please—have significantly updated the Monster Judgment and Decree, which we posted to practicelaw today (check out four sample pages of the form below).

After nearly two years, we decided the initial Monster J&D needed a facelift.  I call it a facelift because the vast majority of the changes are cosmetic, not substantive. The big changes involve new formatting and making the document more uniform, which means a new typeface, spacing changes, consistent practice notes and form variables, and a host of other small changes that in the end make up a pretty sharp-looking document.

Hopefully all changes that make it easier to use and read, and save you time editing so you can focus on the substance of the J&D.

While there are some substantive changes, I suspect they are the most important changes for most of you.  To save you from comparing all 77 pages, here’s a list of the updates:

  • Optional signature line for counties with referees.
  • New provisions for:
    • parties who are members of the armed services;
    • adult children with special needs;
    • property interests in a cabin or bare land;
    • responsibility for cost of storing embryos or other genetic material;
    • responsibility for obligors to notify the public authority about termination of employment when there is income withholding.
  • Corrections to language in the life insurance property award to Respondent.
  • Clarified:
    • how long child support is owed;
    • how long parties must carry health insurance for children;
    • the court’s jurisdiction over maintenance in the event of bankruptcy;
    • the order of priority of  expenses paid from the sale of real estate.
  • Removed paragraphs about non-paternity of a non-joint child.  In our next revision we may add back a paragraph reserving this issue.

And of course many little changes, like minor corrections to numbering, grammar, and capitalization.  You know, the fun stuff.

We plan to revisit the J&D quarterly.  If you have any suggestions for the next update, let us know.

Andrea Hable - Andrea joined the practicelaw staff in July 2009 as an attorney editor. She is a 2008 graduate of William Mitchell College of Law, where she was an editor for the William Mitchell Law Review. Andrea splits her time between work at practicelaw and building and maintaining a solo practice in the trust and estate planning area.

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