Fillable Printable 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.

( ) 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.