1.What type of claims might be barred in Paragraph 38 of the JOD?

2.What do you think is the purpose of Paragraph 42?

3.What is the purpose of the "constructive trust" in Paragraph 43?

4.Why would an attorney include Paragraph 49 in the JOD?

5.Explain Paragraph 51 and why it is included in the JOD.

Law FirmLaw Firm

Attorney (P______)Attorney (P_____)

Attorney for PlaintiffAttorney for Defendant

AddressAddress

Phone Number Phone Number

/

CONSENTJUDGMENT OF DIVORCE

At a session of said Court held in the Courthouse

in the City of Detroi, in the County of Wayne,

State of Michigan on the _____ day of

___________________, 2020.

Present: HON. JUDGE, CIRCUIT COURT JUDGE

This cause having been brought on to be heard upon the Complaint for Divorce filed herein, and the parties having approved and consented to this Judgment by virtue of their signatures herein, and the proofs having been taken in an open Court from which it satisfactorily appears unto this Court that there has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and that there remains no reasonable likelihood that the marriage can be preserved.

DISSOLUTION OF MARRIAGE/DIVORCE

1.IT IS HEREBY ORDERED AND ADJUDGED that this Court by virtue of the authority vested therein, and in pursuance of the laws and statutes in such cases made and provided, and in the exercise of its discretion, does hereby order and adjudge that the marriage between Plaintiff, JOHN DOE, and Defendant, JANE DOE shall be and the same hereby is dissolved, each of them is free from the bonds of matrimony, and they are granted a decree of absolute divorce.

SPOUSAL SUPPORT

2. IT IS HEREBY ORDERED AND ADJUDGED that neither Plaintiff nor Defendant is entitled to spousal support. Spousal support is forever barred Or Defendant is entitled to spousal support in the amount of ____ for a period of ____. Spousal Support shall/shall not be modifiable OR Spousal Support shall cease if the Defendant remarries.

3.IT IS HEREBY ORDERED AND ADJUDGED that the parties forego their statutory right to petition the court for modification and agree that the alimony provision is final, binding, and non-modifiable. Staple v Staple, 241 Mich App 562 (2000).

4. IT IS HEREBY ORDERED AND ADJUDGED that pursuant to MCR 3.211 no Uniform Spousal Support Order shall issue because no spousal support is due.

PROVISION IN LIEU DOWER

5.IT IS FURTHER ORDERED AND ADJUDGED that the settlement herein contained shall be in lieu of and in full satisfaction of any and all dower rights which either party may have in any property now owned, previously owned, or hereafter acquired by the other party, and each shall hereafter hold their remaining lands free, clear and discharged from any such dower right or claim that the other party may have in any property which either owns or may hereafter own, or in which either has or may hereafter have any interest. Each party's dower rights in the properties of the other are extinguished.

STATUTORY INSURANCE PROVISION

6.IT IS HEREBY ORDERED AND ADJUDGED except as otherwise provided, each party will retain the insurance policies on his or her own life, and any interest that either party may have in the insurance policies or contracts of the other is extinguished and each party will hold all such insurance free and clear of any right, claim, or interest that the other may have, either as beneficiary or otherwise. Notwithstanding the language above, the parties have been advised that the provision immediately above, may not, in and of itself, terminate or change the beneficiary of his or her insurance policy or policies. Each party must affirmatively take whatever action is necessary to remove his or her spouse as a beneficiary of his or her own insurance policy to effectuate a valid change of beneficiary.

ORDER TO PROCEED WITHOUT FRIEND OF THE COURT RECOMMENDATION

7.IT IS HEREBY ORDERED AND ADJUDGED that this matter may proceed to Judgment without any further recommendations from the Friend of the Court.

CHILD CUSTODY

8. IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiff and the Defendant shall have joint legal custody or ______, with the Plaintiff-Mother having sole physical custody of the parties' minor children, namely: (1) CHILD ONE, born ______________, and (2) CHILD TWO, who was born __________, until said children attain the age of majority, or until further order of the Court.

Joint legal custody shall mean:

a.The parties shall consult and must agree before major decisions are made affecting the children's education, enrichment activities, camp, travel and medical problems and no unreasonable refusal shall be made;

b.The parties shall have equal access to medical, therapy, and educations records of the minor children;

c.The parties shall notify the other of any emergencies relating to the minor children and notify and give the other parent an opportunity to be present for all routine, medical, dental, optical, therapy and psychological treatment;

d.That the parties shall inform and be informed about school, music or sports and other enrichment activities of the children;

e.While each party has physical custody of the minor children, that party shall be responsible for all routine decisions regarding the child(ren) in their care;

f.The children's clothing, equipment and personal effects shall be the property of the children and not the parties. This means that the children's clothing, equipment and personal effects may move back and forth with the children between the respective residences. This does not however, mean that each party is not responsible for purchasing clothing, equipment and effects for the children, so that the children are not "packing" each time they transfer residences;

g.Neither parent shall do anything or say anything in the presence of the children that would portray the other parent in a negative light or that would tend to discredit or damage the love that the minor children have for the other parent. Each party acknowledges a duty to act so as to foster, encourage and support a strong and loving relationship between each child and the other parent;

h.Both parents shall consider the welfare of the children and act for their ultimate good at all times. Neither parent will attempt in any way to alienate the children from the other parent;

i.Each parent shall support the other in the enforcement of reasonable rules and regulations for the minor children, and;

j.Each party shall provide the other party with their present address, phone number and subsequent changes.

PARENTING TIME

9.IT IS HEREBY ORDERED AND ADJUDGED that the Defendant-Father will enjoy liberal parenting time with the parties' minor children, as follows:

a.Alternate Weekends:Father has the option to enjoy every other weekend, Friday to Sunday, unless otherwise agreed to by the parties.

b.Father's Day: Father shall enjoy every Father's Day respectively.Mother shall have Mother's Day respectively.

c.Holidays: The parties will equally share all major holidays and will agree on the days and times amongst themselves.

d.Summer:Father shall enjoy two non-consecutive weeks in the summer.

e.Any other times as agreed to between parties.

10.IT IS HEREBY ORDERED AND ADJUDGED that the Defendant's parenting time will continue until the minor children attain the age of eighteen (18) years or until further order of this court.

11.IT IS HEREBY ORDERED AND ADJUDGED that except as provided in this Consent Judgment of Divorce, neither parent shall exercise parenting time in a foreign county/nation that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

RESIDENCE OF PARENTS AND MINOR CHILDREN

12.IT IS HEREBY ORDERED AND ADJUDGED that the domicile or residence of the minor children shall not be removed from the State of Michigan without the approval of the judge who awarded custody, or their successor, and the legal custodian shall promptly notify the Friend of the Court whenever said children are moved to another address. Section 11 of the Child Custody Act 1970, provides as follows: "a parent of a child whose custody is governed by this court shall not change a legal residence of the child to a location that is more than 100 miles from the child's legal residence at the time of the commencement of the action in which the order was issued."

The legal residence of the minor children shall not be changed to a location that is more than 100 miles from the children's legal residence at the time of entry of this Judgment of Divorce unless:

a.The other parent consents in writing to the change;

b.Sole legal custody is granted to only one of the parents;

c.The court permits the residence change after complying with subsection (4) of Section 11 of the Child Custody Act of 1970; or

d.If the agreement of the parties is set forth in this Judgment of Divorce as to how a change in the residence of the minor children's legal residence will be handled and the change in residence is handled in compliance with this agreement.

The present address of the Plaintiff is _________________. The present address of the Defendant is ________________. The present address of the minor children is ___________________.

DEPENDENCY EXEMPTION

13.IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiff, JANE DOE shall be entitled to claim the dependency exemption for income tax purposes for the parties' minor children, namely: (1) CHILD ONE, born ______, and (2) CHILD TWO, who was born _______. Both parties shall cooperate in signing any required Internal Revenue Service documentation to accomplish this provision, pursuant to Internal Revenue Code 26 U.S.C. 152(e).

CHILD SUPPORT

14.IT IS HEREBY ORDERED AND ADJUDGED that the Defendant, JOHN DOE, shall pay to Plaintiff, JANE DOE, through the Michigan State Disbursement Unit, P.O. Box 30350, Lansing, Michigan 48909-7850, as provided by P.A. 237-245 1990, (website www.misdu.com) or as otherwise ordered by this Court, in advance, the sum of One Thousand Five Hundred Dollars and 00/100 ($1,500.00), per month as support for two minor children, the sum of Seven Hundred and Fifty Dollars and 00/100 ($750.00), per month as support for one minor children. Defendant's obligation to pay support for the minor children shall continue until said children reach the age of eighteen (18) years of age or so long as such child is regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the payee of support or at an institution, whichever is later, but in no case after she reaches nineteen (19) years and six (6) months of age or until further order of the Court.(Uniform Child Support Order incorporated by reference)

15.IT IS HEREBY ORDERED AND ADJUDGED that upon either party obtaining new employment, the party obtaining such employment shall immediately notify the other party, the Macomb County Friend of the Court and the Michigan State Disbursement Unit in writing of the date the new employment was obtained and verification of the amount of compensation.

16.IT IS HEREBY ORDERED AND ADJUDGED that the Defendant's child support obligation shall abate fifty (50%) percent during the times when Defendant has the minor children six (6) or more consecutive overnight periods, in accordance with the Michigan Child Support Formula guidelines, unless otherwise agreed by the parties.

17.IT IS HEREBY ORDERED AND ADJUDGED that the Defendant, JOHN DOE shall pay all statutory fees required by Michigan Statue.

18.IT IS HEREBY ORDERED AND ADJUDGED that pursuant to MCL 552.604, an immediate Order of Income Withholding shall issue and that the Payor shall make all payments to the Michigan Disbursement Unit, SDU, P.O. Box 30351, Lansing, Michigan 48909-7851.Payor must include his name, social security number and docket number and make checks payable to MISDU.

STATUTORY CHILD SUPPORT PROVISION

19.IT IS HEREBY ORDERED AND ADJUDGED that except as otherwise provided in Section 3 of the support and visitation enforcement act, Act No. 295 of the Public Acts of 1982, being Section 552.603 of the MichiganComplied Laws, a support order that is part of a judgment or is an order in a domestic relations matter as that term is defined in Section 31 of the Friend of the Court Act, Act No. 294 of the Public Acts of 1982, being Section 552.531 of the Michigan Complied Laws, is a judgment on and after the date each support payment is due, with the full force, effect, and attributes of a judgment of this state, and is not, on and after the date it is due, subject to retroactive modification.

CHILD SUPPORT ARREAGES

20.IT IS HEREBY ORDERED AND ADJUDGED that any child support arrearages, if any, shall remain in full force and effect.

HEALTH CARE INSURANCE AND UNINSURED MEDICAL EXPENSES

21.IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff and Defendant shall maintain any health insurance coverage that is available to them through the State of Michigan, or at a reasonable cost or, alternatively, as a benefit of employment for the benefit of the minor children until the minor children attain the age of eighteen (18) years or graduate from high school, whichever event occurs later, but not beyond the age of nineteen (19) years and six (6) months or until the further order of this court.

22.IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff and Defendant shall maintain any dental and optical insurance coverage that is available to them through the State of Michigan or at a reasonable cost or, alternatively, as a benefit of employment for the benefit of the minor children until the minor children attain the age of eighteen (18) years or graduate from high school, whichever event occurs later, but not beyond the age of nineteen (19) years and six (6) months or until the further order of this court.

23.IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff shall pay forty percent (30%) and Defendant shall pay sixty percent (70%) of extraordinary health care costs on behalf of the minor children until said minor children attain the age of eighteen (18) years or graduate from high school, whichever is later, but not beyond the age of nineteen (19) years and six (6) months if the children are residing with the payee or at an institution and regularly attending high school on a full time basis with a reasonable expectation of completing enough credits to graduate from high school, or until further order of the Court.

The parties will abide by the following provisions with respect to payment of their children's health care costs. These provisions conform to the Michigan Child Support Guidelines:

a.Health care-related costs for the minor children need to be shared: Health care-related costs are those costs for medical, hospital, dental, optical and orthodontic care; prescription medications; and mental health services, reasonably necessary for the health and care of the minor children.

b.Ordinary health care expenses defined: Ordinary health care and medical expenses include Payee's co-payments, deductibles, uninsured and other health care-related costs for the minor children.

c.Extraordinary health care expenses defined:

1.Ordinary health care expenses incurred by Payee that exceed the annual provision for ordinary health care expenses; and

2.Ordinary health care expenses paid by Payer.

d.Extraordinary health care expenses to be shared: Payee is not required to keep an accounting of expenditures for ordinary health care expenses. However, in order to receive reimbursements from Payer for extraordinary expenses, Payee will maintain an accounting of extraordinary health care expenses. Once Payee's total annual payments for extraordinary health care expenses exceeds $357.00 for one (1) minor child, or $714.00 for two (2) minor children, the parties will share the excess with Plaintiff paying forty percent (30%) and Defendant paying sixty percent (70%). If Payer incurs ordinary health care expenses for the children, the parties will share those expenses in the same proportion.

e.Ordinary health care supplement does not abate: Payments for ordinary health care expenses are not subject to abatement on account for extended parenting time.

24.IT IS HEREBY ORDERED AND ADJUDGED that pursuant to MCLA 552.15(4) Plaintiff and Defendant shall keep the Friend of the Court informed of any health or dental care coverage available to her or him as a benefit of employment or that is maintained by him or her, the name of the health care insurance company or organization, the policy, certificate and the names and birth dates of the persons for whose benefit he or she maintains health and dental care coverage.

CHANGE TO MAIDEN NAME

IT IS FURTHER ORDERED AND ADJUDGED that Defendant's maiden name of ________ shall be restored to her.

RETIRMENT INVESTMENT AND FINANCIAL ACCOUNTS

25.IT IS HEREBY ORDERED AND ADJUDGED that each party is awarded and will retain their respective rights, if any, in and to their own pension, retirement accounts, IRA's, 401-K's, 403-B's, savings plans, annuities, stocks, bonds, and investment accounts as his/her sole and separate property, free and clear of all right, title, claim or interest on the part of the other party.

26.IT IS HEREBY ORDERED AND ADJUDGED that except as otherwise provided in this Judgment, this Judgment terminates the rights each party has in the other party's pension, annuity, or retirement plans, if any, whether vested or unvested, accumulated or continent, from and past, present or future employer.

27.IT IS HEREBY ORDERED AND ADJUDGED that each party is awarded his/her own checking and savings accounts as his/her sole and separate property free and clear of all right, title, claim or interest on the part of the other party.

VEHICLES

28.IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiff is awarded the vehicle(s) in her possession as her sole and separate property free and clear of any right, title, claim or interest on the part of the Defendant.The Plaintiff shall assume and pay any obligation thereon and hold the Defendant harmless from any liability arising out of the ownership and/or operation of said vehicle.

29.IT IS HEREBY ORDERED AND ADJUDGED thatthe Defendant is awarded the vehicle(s) in his possession as his sole and separate property free and clear of any right, title, claim or interest on the part of the Plaintiff.The Defendant shall assume and pay any obligation thereon and hold the Plaintiff harmless from any liability arising out of the ownership and/or operation of said vehicle.

PERSONAL PROPERTY

30.IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiff shall receive as her sole and separate property, free and clear of all claims thereto by Defendant all personal property and furniture in her possession.

31.IT IS HEREBY ORDERED AND ADJUDGED that the Defendant shall receive as his sole and separate property, free and clear of all claims thereto by Plaintiff all personal property and furniture in his possession.

REAL PROPERTY

32.IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiff herein acknowledges that at the time of the entry of this Judgment of Divorce she has no legal ownership in any real property.

33.IT IS HEREBY ORDERED AND ADJUDGED that the Defendant herein acknowledges that at the time of the entry of this Judgment of Divorce she has no legal ownership in any real property.

PERSONAL DEBTS

34.IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiff, JANE DOE, shall assume and pay any personal outstanding debts inher ownname and shall indemnify and hold the Defendant, JOHN DOE, harmless therefrom.

35.IT IS HEREBY ORDERED AND ADJUDGED that the Defendant, JOHN DOE, shall assume and pay any personal outstanding debts in his own name and shall indemnify and hold the Plaintiff, JANE DOE harmless therefrom.

PERSONAL TAX CONSEQUENCES

36.IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiff is personally liable for any personal tax consequences she may incur in her name, and she will hold Defendant harmless from the same.

37.IT IS HEREBY ORDERED AND ADJUDGED that the Defendant is personally liable for any personal tax consequences he may incur in his name and he will hold Defendant harmless from the same.

BAR TO ALL CLAIMS

38.IT IS HEREBY ORDERED AND ADJUDGED that this Judgment of Divorce shall and does bar any and all claims, demands, causes of action that each may have or may hereafter have against the other, whether in contract, tort or otherwise, except as to those stated within this Judgment of Divorce and except for any sums due and owing or in existence pursuant to prior Court Order.

BANKRUPTCY ACKNOWLEDGMENT

39.IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff, JANE DOE, and Defendant, JOHN DOE acknowledge that by assuming their individual share of the marital debts, that they have under this property settlement, assumed all domestic obligations which are not dischargeable under the Bankruptcy Code 11 USC 1328 (B)(5).

40.IT IS HEREBY ORDERED AND ADJUDGED that all monies each respective party may owe the other pursuant to the property settlement and the hold harmless provisions in this Judgment of Divorce shall be non-dischargeable in bankruptcy.

41.IT IS HEREBY ORDERED AND ADJUDGED that this provision is independent of, and not limited or affected by, the spousal support provision set forth in this Judgment of Divorce.

FULL DISCLOSURE

42.IT IS HEREBY ORDERED AND ADJUDGED that by the signatures of the Plaintiff, JANE DOE, and the Defendant, JOHN DOE, at the end of this Judgment:

a.Each party covenants that he or she has fully and accurately disclosed all the assets and/or sources of income as outlined in this Judgment of Divorce

1.owned by him or her; and

2.in which he or she has any interest; and

3.from which he or she derives any money or income whatsoever.

b.Each party acknowledges that the other party has relied upon the disclosure described in this Section as the basis upon which he or she has agreed to the property settlement and other provisions of the Judgment of Divorce.

In the event that either party has failed, either intentionally or unintentionally, to disclose any of his or her assets, or made false representations regarding any interest in any property real or personal, stocks, cash, other income, or any other assets, the issue of the division of the omitted assets shall be reopened upon the petition of either party, in conformity with MCR 2.612.

43.IT IS HEREBY ORDERED AND ADJUDGED that if, due to omission or commission by either party, or the death or disability of either party prior to implementation and satisfaction of the entire terms of this Judgment, the other party does not receive an asset or other benefit that he or she was intended to receive under the terms of this Judgment, the person or entity that receives or holds that asset or benefit shall do so in a constructive trust for the benefit of the party who was the intended recipient of that asset or benefit under this Judgment.The parties intend that this clause be binding on their estates, heirs, and assigns.

MUTUAL RELEASE

44.IT IS HEREBY ORDERED AND ADJUDGED that each of the parties hereby releases the other from any cause of action that either may have against the other for any incident which may have occurred prior to the entry of this Consent Judgment of Divorce, whether that claim may be founded in contract, tort or any other basis, with the exception of any amounts due and owing by one party to another.

EXECUTION OF DOCUMENTS

45.IT IS HEREBY ORDERED AND ADJUDGED that each of the parties hereto shall execute and deliver to each other such necessary deeds, conveyances, assignments, and other documents as shall be necessary to give full force and effect to the provisions of this Consent Judgment of Divorce. In the event that one of the parties hereto fails to execute and deliver the necessary instruments, this Consent Judgment of Divorce may be recorded with the appropriate offices and authorities to effect said transfer or transfers.

CONTINUING JURISDICTION

46.IT IS HEREBY ORDERED AND ADJUDGED that the court shall retain jurisdiction herein for the purposes of enforcing all terms of this judgment.

ENFORCEMENT OF JUDGMENT OF DIVORCE

47.IT IS HEREBY ORDERED AND ADJUDGED that if either party is required to retain counsel and incur attorney fees in enforcing any provisions of this Consent Judgment of Divorce, the court shall award the prevailing party actual attorney fees and costs.

48.IT IS HEREBY ORDERED AND ADJUDGED that except as otherwise ordered, the parties shall be responsible for payment of their own attorney fees.

RELEASE OF ATTORNEYS AND ACKNOWLEDGMENT RELATIVE TO NO TAX ADVICE

49.IT IS HEREBY ORDERED AND ADJUDGED that LAW FIRM and its associates through ATTORNEY are hereby released as attorney of record for Plaintiff in post-judgment proceedings unless specifically hereinafter retained by the client for such post-judgment action.

50.IT IS HEREBY ORDERED AND ADJUDGED that each party acknowledges by signing his/her name approving this Judgment he/she has not received accounting or tax advice from LAW FIRM and its associates through ATTORNEY.

DISCOVERY

51.IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff and Defendant acknowledge that they had a right to the compulsory process of "Discovery", pursuant to the Michigan Court Rules, to assist and discover the verification of facts relevant to their rights and obligations, including the right to question each other and others under oath. Plaintiff and Defendant acknowledge that they have either decided on their own and/or specifically directed attorneys to proceed without discovery, and instead they settled this litigation in the manner of the terms set forth in this Judgment of Divorce. Plaintiff and Defendant specifically acknowledge that they have been advised and/or are aware that they have the right to send interrogatories, issue subpoenas, take depositions, value business interests, hire accounting and other experts, and otherwise utilize all discovery methods available to them under the Michigan Court Rules. They have decided on their own and/or specifically directed their attorneys to waive this discovery.

EFFECTIVE DATE OF JUDGMENT

52.IT IS HEREBY ORDERED AND ADJUDGED that this Judgment of Divorce shall become effective immediately upon its entry by the Court.

FINAL ORDER

53.IT IS HEREBY ORDERED AND ADJUDGED that this Judgment resolves the last pending claims between the parties and closes the case.

Dated:

/s/

Hon. ____ Judge

Approved as to form and content:

___________________________________________________________________

JANE DOE,PlaintiffAttorney Name (P____)

Attorney for Plaintiff

Dated:____________________________Dated:_____________________________

1.What type of claims might be barred in Paragraph 38 of the JOD?