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Fillable Printable Divorce Packet with Property and/or assets (No Children) - Oklahoma

Fillable Printable Divorce Packet with Property and/or assets (No Children) - Oklahoma

Divorce Packet with Property and/or assets (No Children) - Oklahoma

Divorce Packet with Property and/or assets (No Children) - Oklahoma

DISTRICT COURT
STATE OF OKLAHOMA
DIVORCE PACKET
NO CHILDREN - WITH PROPERTY AND/OR ASSETS
PACKET
OK-008-D
(Incompatibility)
This packet contains the following:
1. Instructions for completing the forms;
2. Petition for Divorce,
3. Entry of Appearance and Wavier,
4. Summons,
5. Final Decree of Divorce,
6. Notice of Entry of Decree,
7. Separation and Property Settlement Agreement, and
8. Non-Military Affidavit.
You and your spouse must agree to all terms of the divorce to use this packet.
GENERAL INSTRUCTIONS
WHO MAY USE THESE FORMS?
You may use this petition form for divorce only when all of the following
facts are true;
1. Your marriage is broken due to incompatibility of the parties;
2. There were no children born to or adopted by you and your spouse,
and the wife is not pregnant.
3. There is property and/or assets of the marriage and the parties have
agreed to all of the terms of division of the assets/property in the
Separation and Property Settlement Agreement.
4. You or your spouse have lived in Oklahoma and in the county of filing
for six (6) months before filing the divorce, and the plaintiff has
resided in the county of filing for thirty (30) days immediately prior to
the filing of the petition.
5. For more information, see the Oklahoma Divorce Law Summary.
IN THE DISTRICT COURT OF ____________________ COUNTY
STATE OF OKLAHOMA
____________________,
Plaintiff,
)
)
)
)
vs. )
)
Case No. FD _______________
____________________,
Defendant.
)
)
)
PETITION FOR DIVORCE
COMES, ___________________________, Plaintiff, and files this Petition for divorce
against Defendant, ________________ and would state in support thereof the following:
1. This Court has jurisdiction of the parties and subject matter pursuant to Oklahoma
Statutes Annotated, Title 43, Section 102 et seq.
2. That Plaintiff and/or Defendant is now and has been next preceding the filing
hereof a resident of the State of Oklahoma for a period exceeding six (6) months, and of
____________________ County for a period exceeding thirty (30) days.
3. The Parties were lawfully married on _______ day of ____________, 20___ in
____________ County, __________ and said marriage is registered in ________________
County, __________.
4. There were no children born to or adopted by the Parties. Wife is not now
pregnant.
5. Plaintiff and Defendant separated on ________ day of ____________, 20___ and
from that date up to the present, Plaintiff and Defendant have lived separate and apart without
any cohabitation.
6. The vital statistics of the parties are as follows:
Plaintiff Defendant
Social Security number________________ Social Security number________________
Address ____________________________ Address ____________________________
___________________________________ ___________________________________
Date of birth ________________________ Date of birth _________________________
Occupation _________________________ Occupation __________________________
7. The Plaintiff and Defendant have executed a Separation and Property Settlement
Agreement disposing of all jointly owned property and settling all jointly owed debts, rights and
liabilities of the parties, a copy of which is attached hereto as Exhibit “A”. There is no property
that the parties are asking the court to divide or distribute.
8. That as grounds for this divorce, Plaintiff pleads incompatibility due to
irreconcilable differences which have arisen between the parties hereto which have destroyed the
legitimate intents and purposes of said marriage and rendered its continuation impossible.
8. Party ____________________ (DOES/DOES NOT) request restoration of my
former name, _________________________________. This request is not made for any illegal
or fraudulent reason.
9. The Plaintiff further states the following:
( ) I do not know of any other cases in the State of Oklahoma or any state or
territory involving the same claim or subject matter as this case.
OR
( ) I know of the following related cases concerning the same claim or subject matter as
this case
WHEREFORE, Plaintiff, __________________________ requests against Defendant,
the following relief:
a) The Court grant the Parties a Divorce on the grounds of incompatibility due to
irreconcilable differences which have arisen between the parties hereto which
have destroyed the legitimate intents and purposes of said marriage and rendered
its continuation impossible;
b) That the Separation and Property Settlement Agreement disposing of all jointly
owned property and settling all jointly owed debts and rights and liabilities of the
parties, a copy of which is attached hereto as Exhibit “A”, be incorporated herein
by reference and have the same force as if stated herein in full.
c) Party ___________________ requests that she be restored her maiden/former
name of _____________________;
d) For judgment and relief as set forth in this Petition.
e) For such other relief and judgment as is just and equitable in the premises.
Respectfully submitted,
_________________________________
Signature of Plaintiff
Print Name: _______________________
VERIFICATION
STATE OF OKLAHOMA
COUNTY OF _____________
____________________, of lawful age, being first duly sworn and upon oath, states: that
he/she is the above named Plaintiff; that he/she has read the above and foregoing Petition For
Divorce, and verifies that the matters and things stated therein are true to the best of his/her
knowledge and belief.
____________________________________
Subscribed and sworn to before me this ____________ day of ___________, 20___.
__________________________________
Notary Public
My Commission Expires:
_________________________[SEAL]
IN THE DISTRICT COURT OF ____________________ COUNTY
STATE OF OKLAHOMA
____________________,
Plaintiff,
)
)
)
)
vs. )
)
Case No. FD _______________
____________________,
Defendant.
)
)
)
ENTRY OF APPEARANCE AND WAIVER
COMES NOW the Defendant herein, the undersigned, and acknowledges receipt of a
copy of the Petition filed and on file herein, states that he has read and understands the same,
hereby waives the issuance, service, and return of process upon him in this action, enters a
voluntary appearance in this cause, waiving all time and fight to plead, answer or appear in this
action, and consents that the same may be set down for trial and heard by the court at any time
hereafter without notice to, and in the absence of this Defendant.
__________________________
Defendant
STATE OF OKLAHOMA
COUNTY OF _______________
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on
this __________ day of ____________, 20___, personally appeared Defendant,
_______________, to me known to be the identical person who executed the above and
foregoing entry of appearance and waiver and personally acknowledged to me that he has read,
understood and signed the same, and that he executed the same as a free and voluntary act and
deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto affixed my signature and official seal the day
and date heretofore stated.
_______________________________
Notary Public
My Commission Expires:
____________________[SEAL]:
IN THE DISTRICT COURT OF ____________________ COUNTY
STATE OF OKLAHOMA
____________________,
Plaintiff,
)
)
)
)
vs. )
)
Case No. FD _______________
____________________,
Defendant.
)
)
)
SUMMONS
To the above-named Defendant: ____________________
____________________
_____________, OK ______
You have been sued by the above-named Plaintiff. and you are directed to file a written
Answer to the attached Petition in the Court at the above address within twenty (20) days after
service of this Summons upon you, exclusive of the day of service. Within the same time, a copy
of your Answer must be delivered or mailed to the attorney for the Plaintiff.
Unless you answer the Petition within the time stated, judgment will be rendered against
you with costs of the action.
Issued this _________ day of __________, 20___.
_______________________, Court Clerk
By:_______________________________
Deputy Court Clerk
YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER
CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD
BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN
THE TIME LIMIT STATED IN THE SUMMONS.
STATE OF OKLAHOMA AFFIDAVIT OF SERVICE
COUNTY OF ____________ Case No. ____________
The undersigned, a duly appointed and qualified Licensed Private Process Server in and for
the above County and State, being first duly sworn, states:
I received the attached process on the ____________ day of _______________, 20____,
and I delivered a copy thereof together with a copy of the
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
to each of the following named persons, at the address and on the date set forth opposite each
name, to-wit:
NAME ADDRESS DATE
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
The following persons were not found, to-wit:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
COMMENTS
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________
Licensed Private Process Server
ABL - ___________________________
Subscribed and sworn to before me this ________ day of _____________, 20___.
________________________________
Notary Public
My Commission Expires ____________
IN THE DISTRICT COURT OF ____________________ COUNTY
STATE OF OKLAHOMA
____________________,
Plaintiff,
)
)
)
)
vs. )
)
Case No. FD _______________
____________________,
Defendant.
)
)
)
DECREE OF DIVORCE
This matter was heard on the ______ day of __________________, 20____, upon the
pleadings and Affidavit of the Plaintiff and Defendant filed herein. Upon such, the court makes
the following:
FINDINGS OF FACT
1. That this Court has jurisdiction in that the Plaintiff was a resident of the State of
Oklahoma for more than six (6) months and ____________________ County for more than
thirty (30) days before the filing of the Petition for Divorce in this case.
2. The Plaintiff and Defendant were lawfully married to each other on ____________
day of _______________, 20___ in __________________ County, _______________.
3. The Plaintiff’s Social Security Number is ____________________, and the
Defendant’s Social Security Number is _______________________.
4. There were no children born to or adopted by the Parties and the wife is not now
pregnant.
5. There are no property rights to be adjudicated between the Parties. The parties have
agreed to all property and debt issues in the Separation and Property Settlement Agreement of
the Parties attached hereto as Exhibit “A”.
6. That a state of complete and irreconcilable incompatibility has arisen between the
parties which has completely destroyed the legitimate aims of the marriage and rendered its
continuation impossible entitling the Plaintiff to a Decree of Divorce from the Defendant.
7. Party ___________________________, requests that her maiden/former name of
________________________________ be restored unto her. This request is not made for any
illegal or fraudulent reason.
8. In the event either party fails to perform his or her obligations under the Decree of
Divorce, such person shall be required to pay all costs and attorney fees of the other party
incurred in enforcing the terms of the Decree of Divorce.
9. Each party is ordered to execute and deliver to the other party without cost any
documents necessary to implement the provisions of this Decree of Divorce.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, the court concludes as a matter of law that the
Plaintiff is entitled to a Decree of Divorce from the Defendant on the grounds of incompatibility.
JUDGMENT
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
a) That the bonds of matrimony existing between
_________________________ and _____________________________ are hereby dissolved
and that _________________________ and _______________________ be and hereby are
awarded a Decree of Divorce from each other on the grounds of incompatibility, final upon entry
of this decree and the parties shall from date forward are declared to be single persons;
b) Further, it is ordered by the Court that the parties may not marry except to
each other for a period of six (6) months after the entry of the decree of divorce.
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