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MARITAL DISSOLUTION AGREEMENT

IN THE DISTRICT COURT FOR MONTGOMERY COUNTY, IOWA

IN RE THE MARRIAGE OF:


Jeremy J. Binns and Chasity R. Binns.

UPON THE PETITION OF Equity case number:


_____________________

Jeremy J. Binns

Marital Dissolution

PETITIONER Agreement
(CLERK STAMPS HERE)

AND CONCERNING

Chasity R. Binns
RESPONDENT

Jeremy J. Binns of 7798 Seatle Rd., Massena, Iowa 50853, born


December 1, 1977, and Chasity R. Binns of 1660 Summit st. Apt 102
, Red Oak, Iowa 51566, born March 23,1986, being sworn do hereby
state the following statements are true and correct and that
except as otherwise specifically stated in this Agreement, this
Agreement serves as a full and final settlement of all matters
arising from the dissolution of their marriage, including
division all property rights, debts and spousal support. The
parties agree this Agreement contains a fair, just and equitable
division of property and subject to court approval agree as
follows:

1. ARMED FORCES. Neither party is a member of the Armed Forces.

2. MARRIAGE DATE. The parties were married to each other on March


23, 2012 in Red Oak, Iowa and no children were born to this
marriage.

The parties are not currently expecting any children.

3. SEPARATION DATE. The parties' date of physical separation is


March 23, 2013.

4. CAUSE OF DISSOLUTION: The parties acknowledge that the


marriage has become irretrievably broken due to irreconcilable
differences and they are beyond reconciliation.

5. DISCLOSURE. The parties acknowledge that each has made a full


disclosure of all assets and debts owned jointly or individually.
Nothing has been withheld and each party believes the other has
been truthful in their disclosure.

6. INCOME.
Jeremy J. Binns is currently unemployed and has
no monthly income.

Chasity R. Binns is currently unemployed and has no monthly


income.

7. COOPERATION. The parties agree to cooperate with one another

in signing any papers or legal documents needed to finalize this


agreement or any provision contained in this agreement, including
deeds, title certificates, etc. Within 10 days of notification of
Entry of Judgment, the parties shall execute any document,
transfer papers, titles or other documents to effect the
provisions of this Agreement and any resulting Decree of Divorce.
In the event a party fails to sign transfer documents, the final
Decree of Divorce shall operate to transfer title.

8. DIVISION OF ASSETS. Each party shall receive any and all,


tangible and intangible, property in his/her possession including
personal items and household goods, unless stated otherwise in
this agreement.

a. Marital Home.
Neither parties reside or own a marital home.

9. FUTURE EARNINGS AND ACQUISITIONS. All income, earnings, or


other property received or acquired by either party to this
Agreement on or after the date of execution of this Agreement
shall be the sole and separate property of the receiving or
acquiring party. Each party, as of the effective date of this
Agreement, does hereby and forever waive, release, and relinquish
all right, title and interest in all such income, earnings and
other property except as necessary to collect any sums due
hereunder in the event of default.

10. DEBTS. Each spouse will be responsible for any indebtedness


incurred in his or her individual name prior to the date of
marriage unless otherwise specifically stated in this agreement.
Each spouse will be responsible for any indebtedness incurred in
his or her individual name subsequent to the date of separation
January 07, 2016 unless otherwise specifically stated in this
agreement. Each spouse will be responsible for any indebtedness
incurred in his or her individual name during the course of the
marriage unless otherwise specifically stated in this agreement.

11. SPOUSAL SUPPORT/ALIMONY. The parties agree that neither shall


receive spousal support from the other and each waives and
releases any and all claim against the other for spousal support,
maintenance or alimony. The parties further agree the Court will
not retain jurisdiction of the matter of spousal support,
maintenance or alimony and this waiver, once incorporated in a
final decree of divorce, terminates any and all rights each party
may have held to such support.

12. NAME CHANGE. The parties agree that, in the event of divorce
or dissolution of marriage, Chasity R. Binns desires to and shall
have the right to be known by the name of Chasity R. Anway.

13. TAXES. For the purposes of determining income tax liability,


the parties agree and hereby partition all of the income, gain,
loss, and deductions attributable to a party from that party's
individual labor, that party's individual efforts, or the
property awarded in this agreement to that party, as his or her
sole and separate property, as if that party had been single and
unmarried from January 1, 2015, through the date of divorce.

Each party shall file a separate federal individual income tax


return for the calendar year 2015.

14. MUTUAL INDEMNITY. All parties agree the other parties are
free of any liability or wrongdoing. Any liability or wrongdoing
is expressly denied. Furthermore, the parties each agree that
neither shall disparage the other to any third party at any time.
The parties agree that in regard to the payment of debts and
other liabilities stated in this Agreement that each shall
indemnify and hold harmless the other for the payment of same.

15. FUTURE DISPUTE SETTLEMENT. The parties agree that if any


dispute, question, disagreement, or change occurs affecting the
terms of this Agreement, they will work together to negotiate
with each other in good faith, in consideration of their mutual
interest, with the purpose of reaching a solution, which is
beneficial for the parties. In the event negotiations fail, the
parties agree to first seek mediation, through a qualified
mediator selected jointly by the parties. Either party may

terminate mediation at any time. In the event the dispute is not


resolved, either party may motion the Court governing this
Agreement and the resulting decree of divorce or judgment for a
decision regarding the disputed matter.

16. FULL DISCLOSURE OF ASSETS AND LIABILITIES. The parties hereby


represent that they have each made full disclosure to the other
party of their individual assets. Each represents that he or she
has provided the other with a current financial statement which
discloses fully and completely all of his or her income, assets,
expenses and liabilities. By executing this Agreement, the
parties represent that the terms and provisions of this Agreement
are fair, just and reasonable and are not the product of fraud,
coercion or undue influence and that each signs this Agreement
freely and voluntarily.

17. ADDITIONAL DOCUMENTS. Each party agrees that he or she will


sign and execute any additional documents that could be necessary
to put into effect the intended purposes hereof. Each party shall
execute, acknowledge and deliver to the other party any and all
instruments and assurances that the other party may reasonably
require or find convenient, expedient, or businesslike for the
purpose of giving full force and effect to the provisions of this
Agreement, specifically including any deeds, affidavits, tax
forms or other instruments required of one party to the other in
order to pass good or merchantable title to any property owned by
either party during the marital relationship.

18. ATTORNEY'S FEES. Each party is solely responsible for paying

their respective attorney's fees and costs incurred in connection


with this agreement's negotiation and preparation through a final
dissolution of the marriage. Neither party will have any
obligation whatsoever for any attorney's fees or costs incurred
by the other.

19. SUBMISSION OF AGREEMENT TO COURT. The parties each agree that


this Agreement shall be submitted to the Court for a judge's
approval of the terms and entry of Judgment of Divorce.

20. BINDING AGREEMENT. This agreement shall be binding upon and


shall inure to the respective heirs of the parties and their
personal representatives of their estates.

By executing this agreement I swear that to my knowledge the


information contained herein is a full and complete disclosure
and it is my intention that this Agreement is a full and final
division of the property and debts involved in this marriage and
that I am satisfied with the agreement contained herein.

Dated: __________________
____________________________________________
Jeremy J Binns
7798 Seatle Rd

Massena, Iowa, 50853


712-621-2363
_________________

STATE OF IOWA, ss:


COUNTY OF MONTGOMERY, ss:

On this _____ day of ____________________, _____, before me


personally appeared Jeremy J Binns, to me known to be the person
described in and who executed the foregoing instrument, and
acknowledged that he/she executed same as his/her free act and
deed.

_________________________________
Notary Public

_________________________________
Title (and Rank)

My commission expires _____________

By executing this agreement I swear that to my knowledge the


information contained herein is a full and complete disclosure
and it is my intention that this agreement is a full and final
division of the property and debts involved in this marriage and
that I am satisfied with the agreement contained herein.

Dated: __________________
____________________________________________
Chasity R Binns
1660 Summit St Apt 102
Red Oak, Iowa, 51566
phone
_________________

STATE OF IOWA, ss:


COUNTY OF MONTGOMERY, ss:

On this _____ day of ____________________, _____, before me


personally appeared Chasity R Binns, to me known to be the person
described in and who executed the foregoing instrument, and
acknowledged that he/she executed same as his/her free act and
deed.

_________________________________
Notary Public

_________________________________
Title (and Rank)

My commission expires _____________

No Fault Divorce In Iowa

Iowa is a purely no fault divorce state, meaning a divorce may be


grounded if the couple agrees that there has been "a breakdown of
the marriage relationship to the extent that the legitimate
objects of matrimony have been destroyed and there remains no
reasonable likelihood that the marriage can be preserved." In
order to file for a divorce in the state of Iowa both spouses
must reside in the state, or the Petitioning spouse (the spouse
who files the petition and therefore begins the divorce) must
have resided in the state for at least a year.

Please be aware that Iowa does require online electronic filing


in all civil cases. This is also required for self-represented
individuals. Please see the Iowa Judicial Branch website for more
information:
http://www.iowacourts.gov/eFiling/Training_Documents/

Filing for Divorce

If the residency requirements are met, then one spouse may file a
"Petition for Dissolution of Marriage" with the Clerk of Courts
Office within the District Court of their county of residence.

Once the petition is filed it is the responsibility of the


Petitioner to serve a copy to his or her spouse (now called the
Respondent). If the divorce is uncontested, service can occur by
simply mailing or hand delivering the forms to the Responding
spouse; however, if the divorce is contested, a third party must
deliver the forms to the Respondent.

The Respondent once served may then choose to oppose or agree


with the petition as laid out by the Petitioner. If there are any
issues that the Respondent contests he or she must file an answer
and an acceptance of service 20 days from the date he or she was
served (this time limit may vary county to county). Contesting an
issue will usually lead to either settlement or trial and in some
cases, the county in which a couple resides may require
supplemental forms or couples' mediation.

Hearing and Settlement

If the parties have reached an agreement and they do not desire


to proceed with a lengthy trial they can use Rocket Lawyer's easy
interview process to complete a Marital Settlement Agreement. The
Marital Settlement Agreement allows one to divide property,
assets, debts and liabilities as well as settle matters of child
support, custody and visitation.

If the divorce is contested, there is a preparation for trial.


During the time leading up to the trial the county court may
require a couple with or without children to seek counseling. In
some counties this counseling is mandatory.

Once the couple has complied with counseling they (and their
lawyers) may sit down and attempt to settle the divorce outside
of court. If the divorce cannot be settled the case will go to
trial. In trial the judge will choose the most equitable solution
that takes account the well-being of all parties involved,
especially children. Remember that equitable does not mean equal,
it means that the judge decides what is the most fair. Once the
decisions have been made the judge issues a final decree, which
may repealed if a spouse feels the judge's decision was not
equitable. Be aware, at times repeals can be expensive.

Steps to Dissolution

1. File the "Petition for dissolution of marriage with the


District Court in either the Petitioner's or the Respondent's
home county.

2. Serve a copy of the petition to the Respondent

a. If the divorce is uncontested, service can occur by mailing or


hand delivering the forms to the Responding spouse

b. If the divorce is contested, a third party must deliver the


forms to the Respondent.

3. The Respondent Responds to the Petition.

a. If the Respondent does not contest there is no need to file an


answer

b. If he or she contest then an answer must be filed within 20


days (varies). Contest leads to a settlement and sometimes trial.

4. Attempts to Settle outside of court.

5. Trial

6. An equitable court-mandated final divorce decree.

A Note about Default Divorce

If the Respondent does not reply to service, sign the divorce


forms, or generally participate in the divorce procedures, then
the Petitioning spouse receives whatever he or she asked for in
their original petition and paperwork, and the case is officially
defaulted and the marriage terminated.

Forms

Use the Marital Settlement Agreement provided on RocketLawyer.com


to complete the final necessary agreement.

Iowa State Judicial Branch offers helpful information and forms


to help residents receive, a divorce. There are instructions for
both Respondent and Petitioner, and the supplemental forms to
apply for and contest child support. You can visit the Iowa State
Judicial Branch website at:

http://www.iowacourts.gov/Court_Rules_and_Forms/Family_Law_Forms/

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