Fillable Printable Petition for Dissolution of Marriage - Oklahoma

Petition for Dissolution of Marriage - Oklahoma

THIS IS A SAMPLE VERSION OF THE PAPERWORK

THAT YOU WILL RECEIVE FROM US

Every divorce package will get the following:

• Petition for Divorce (this informs the court you want to get a divorce), page 2

• Property & Settlement Agreement (this agreement divides up property &

debt, as well as includes child support, custody, visitation agreement), page 4

• Entry of Appearance & Waiver (this document is signed by your spouse &

informs the court that your spouse agrees to the divorce... and that the judge

may grant a divorce without your spouse being present in court), page 12

• Divorce Decree (this document is a summary of the information from the

Petition... and is signed by the Judge after your waiting period), page 13

• Filing Instructions (we will include simple filing instructions that you may use

in filing the paperwork we prepare for you at the courthouse)

Note: Every state is different, so some of the documents that you get may be different

from the example paperwork we have displayed below.

Also

, to prevent people from copying the paperwork... we have only provided a

sample

copy

of a PORTION of the paperwork.

IN THE DISTRICT COURT OF TULSA COUNTY

STATE OF OKLAHOMA

In re the Marriage of

JANE DOE,

Petitioner,

)

vs. )

)

JOHN DOE,

Respondent.

)

PETITION FOR DISSOLUTION OF MARRIAGE

COMES, JANE DOE, Petitioner, and files this Petition for divorce against Respondent,

JOHN DOE 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 Petitioner and/or Respondent 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 TULSA

County for a period exceeding thirty (30) days.

3. The Petitioner currently resides at the following address: 1234 ANYWHERE PL

in TULSA, OKLAHOMA.

4. The Parties were lawfully married on FEBRUARY 14, 2000 in LAS VEGAS,

NEVADA and said marriage is registered in LAS VEGAS, NEVADA .

5. There was ONE child born to the Parties. The name of that child is JIMMY DOE.

Wife is not now pregnant.

6. Petitioner and Respondent separated on MARCH 10, 2008 and from that date up

to the present, Petitioner and Respondent have lived separate and apart without any cohabitation.

7. The Petitioner and Respondent have executed a Separation and Property

Settlement Agreement that is included with this petition that details the child

custody, child support arrangements and other details concerning the raising of

their minor child, JIMMY DOE, and is attached hereto as Exhibit “A”.

The attached Separation and Property Settlement Agreement also disposes of

all jointly owned property and settles all jointly owed debts, rights and liabilities

of the parties. There is no property that the parties are asking the court to divide or

distribute.

8. The Respondent is NOT on active duty in the armed services of the United States.

9. That as grounds for this divorce, Petitioner 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.

10. Party JANE DOE requests restoration of her former name, JOHNSON. This

request is not made for any illegal or fraudulent reason.

***End of the PETITION FOR DIVORCE summary***

IN THE DISTRICT COURT OF TULSA COUNTY

STATE OF OKLAHOMA

In Re the Marriage of: )

)

JANE DOE, )

)

v. )

)

JOHN DOE )

)

MARITAL SEPARATION AND PROPERTY SETTLEMENT AGREEMENT

WITH MINOR CHILDREN

STATE OF OKLAHOMA

COUNTY OF TULSA

WHEREAS, JANE DOE, hereinafter referred to as "Plaintiff", and JOHN DOE,

hereinafter referred to as "Defendant", are now married; and

WHEREAS, the parties are separated and now living separate and apart and desire to

make a mutually acceptable settlement of their rights, liabilities, obligations and property rights

arising out of and during the course of their marital relationship. No reconciliation is

contemplated; and

WHEREAS, Plaintiff and/or Defendant are actual and bona fide residents of the

State of Oklahoma for more than six (6) months and TULSA County for more than

thirty (30) days prior to the commencement of this action; and

WHEREAS, the Parties were lawfully married on FEBRUARY 14, 2000, in LAS

VEGAS, NEVADA;

WHEREAS, there is minor ONE child, JIMMY DOE born to or adopted by the Parties.

Wife is not now pregnant; and

WHEREAS, Plaintiff and Defendant separated on MARCH 10, 2008, and from said date

up to the present, Plaintiff and Defendant have lived separate and apart without any cohabitation.

The parties are entitled to a Decree of 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; and

WHEREAS, Defendant hereby waives his/her right to file an Answer in this matter, or

withdraws any Answer he/she may have filed, agrees that his default may be entered and agrees

that the Court may award Plaintiff an uncontested Decree of Divorce and Judgment in this matter

consistent with the terms of this Agreement and without further notice to Defendant; and

WHEREAS, The parties hereto agree that the provisions of this Separation and Property

Settlement Agreement shall be incorporated into any judgment or Decree of Divorce, and that

this Agreement shall survive, and shall not be merged into any judgment, decree or order, which

may be issued.

NOW THEREFORE, FOR AND IN CONSIDERATION OF the mutual benefits and

advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and

contract as follows:

1. CHILD CUSTODY, PARENTAL RESPONSIBILITY AND VISITATION:

A. The following child was born to the marriage of the parties:

Name Birth date

JIMMY DOE 01/15/2003

B. Parental Responsibility − Child Custody

Both Husband and Wife are proper persons to have the permanent legal and physical

custody, parental responsibility, care and control of the minor children of the parties.

Husband and Wife shall share the decision-making rights, the responsibilities and the

authority relating to the health, education and welfare of the children, and shall, therefore,

make joint decisions concerning the children’s health, education and welfare. Both

Husband and Wife shall exchange information concerning the health, education and

welfare of the minor children, and shall confer with one another in the exercise of

decision-making rights, responsibilities and authority. Husband and Wife shall have

equal access to all medical, dental and school records concerning the minor children.

However, the parties agree that the best interest of the child(ren) at this time is that

primary parental responsibility and physical custody of the minor child(ren) will be and

agree as follows:

(X) Husband and Wife shall have joint primary parental responsibility and

custody of the minor child of the parties, both legal and physical.

C. Secondary Parental Responsibility, Visitation, or Time Sharing - General

Provisions.

Visitation shall be conducted pursuant the following general provisions:

Visitation should be pleasant for the children and for the parent. Visitation should

help the children maintain a good relationship with the non-custodial parent.

Visitation means the visiting parent has the children visit in his or her home

overnight. It may include trips and outings elsewhere.

Visitation schedules shall be followed and the visiting parent shall inform the

other parent when he or she cannot comply with the schedule.

Adjustment of the visitation schedule from time to time may be necessary

according to the children's ages, health and interests.

Visitation should provide meaningful personal contact for both the visiting parent

and the children.

Visitation should not be used to check on the other parent and the children should

not be questioned for information about the other parent.

Both parents should strive to agree on matters pertaining to the children, including

discipline, so that one parent is not undermining the other parent's efforts.

It is in the child's best interest for each parent to have a frequent, meaningful and

continuing relationship with their children. For children to make an adequate

adjustment to the dissolution of their parents marriage, the children must be

allowed to continue their relationship with both parents, experience minimal

changes in their lifestyle if at all possible, and not experience post-divorce

conflict between their parents.

D. Secondary Parental Responsibility, Visitation, or Time Sharing - Schedule.

The non-custodial parent is entitled to reasonable visitation with the minor child.

Husband and Wife adopt the following visitation schedule for the non-custodial

parent:

i) WIFE and HUSBAND shall alternate weekends with child.

E. Secondary Parental Responsibility, Visitation, or Time Sharing -

Additional Provisions.

In exercising visitation rights the following additional provisions apply:

a) Conflicts Between Regular Weekend, Holiday, and Extended Summer

Visitation. Where there is a conflict between a holiday weekend and the regular

weekend visitation, the holiday takes precedence. Thus, if the non-custodial

parent misses a regular weekend because it is the custodial parent's holiday, the

regular alternating visitation schedule will resume following the holiday. If the

non-custodial parent received two consecutive weekends because of a holiday, the

child will spend the following weekend with the custodial parent. When there is a

conflict between holiday visitation and extended summer visitation, the holiday

visitation takes precedence. When there is a conflict between regular weekend

visitation and extended summer visitation, extended summer visitation takes

precedence.

b) Appropriate Conduct By Parents. Parents shall, at all times, avoid speaking

negatively about each other and should firmly discourage such conduct by

relatives or friends. Each parent should encourage the children to support the

other parent. The basic rules of conduct and discipline established by the

custodial parent should be the baseline standard for both parents, and consistently

enforced by both, so that the children do not receive mixed signals.

c) Parental Communication. Parents shall at all times keep each other advised of

their home and work addresses and telephone numbers. So far as possible, all

communication concerning the children shall be conducted between the parents in

person, or telephonically at their residences (and not at their places of

employment).

d) Grade Reports and Medical Information. The custodial parent shall provide

the non-custodial parent with grade reports and notices from school as they are

received and shall, consistent with Oklahoma law, permit the non-custodial parent

to communicate concerning the children directly with the school and with the

children's doctors and other professionals, outside the presence of the custodial

parent. Each parent shall immediately notify the other of any medical

emergencies or serious illnesses of the children. The custodial parent shall notify

the non-custodial parent of all school or other events (like Church or Scouts)

involving parental participation. If the children are taking medications, the

custodial parent shall provide a sufficient amount and appropriate instructions.

e) Visitation Clothing. The custodial parent shall send an appropriate supply of the

children's clothing with them, which shall be returned clean (when reasonably

possible), with the children, by the non-custodial parent. The non-custodial

parent shall advise, as far in advance as possible, of any special activities so that

the appropriate clothing may be sent.

f) Visitation or Support Disputes. Neither visitation nor child support is to be

withheld because of either parent's failure to comply with a court order. The

children have aright to both support and visitation, neither of which is dependent

upon the other. In other words, failure to pay support does not mean no visitation

and no visitation does not mean no support. If there is a violation of either a

visitation or a support order, the exclusive remedy is to apply to the court for

appropriate sanctions.

g) Adjustments to This Visitation Schedule. Although this is a rather specific

schedule, the parties are expected to fairly modify visitation when family

necessities, illnesses or commitments reasonably so require. The requesting party

shall give as much notice as circumstances permit

h) Pickup and Drop-off. Unless other arrangements are made, the

non-custodial parent shall pick up the children at the times specified and return

them at the times specified. The custodial parent shall have the children ready for

visitation at the time they are to be picked up and shall be present at the home to

receive the children at the time they are returned. Unjustified violations of this

provision may result in the offender being subject to contempt of court.

(Commentary: While it is most desirable for the parents to pick up and return the

children, this provision does not prohibit grandparents, current spouses or other

appropriate adults known to the children.)

i) Extracurricular Activities. Children are often involved in sports, lessons, and

other extracurricular activities which are generally to their benefit and enjoyment.

Each parent shall recognize that a reasonable amount of extracurricular activities

are generally assumed to be in the children' s best interests. Each parent should

attempt to be flexible in order to accommodate the children ' s extracurricular

activity schedules as must as reason- ably possible, although extracurricular

activities should not supersede summer visitation with non-custodial parents, nor

should they be used as a method by which to deny access to the non-custodial

parent. In recognition of the scheduling difficulties that can be caused by

children' s extracurricular activities, custodial parents should act in good faith in

attempting to schedule such extracurricular activities as not to unreasonably

infringe upon the non-custodial parent's access to the children. Likewise, the non-

custodial parent should act in food faith in attempting to assist in transportation

needs and in accommodating the children's extracurricular schedules as much as

reasonably possible. Good faith communication by the parents is essential with

regard to the difficult issue of the scheduling of children's extracurricular

activities.

j) Notice of Canceled Visitation. Whenever possible, the non-custodial parent

shall give a minimum of three (3) days notice of intent not to exercise all or part

of the scheduled visitation. When such notice is not reasonably possible, the

maximum notice permitted by the circumstances, and the reason therefore, shall

be given. The custodial parent shall give the same type of notice when good

cause exists making the cancellation or modification of scheduled visitation

necessary.

k) Missed Visitation. In the event the non-custodial parent misses visitation as the

result of illness of the child or parent, an emergency, or other such reasonable

excuse, the parties shall make a good faith effort to make up a portion of that

visitation within a reasonable period of time, understanding the importance of the

non-custodial parent's continuing and frequent contact with the children.

(Commentary: It is important to remember that illness should not necessarily

deprive the non-custodial parent of visitation with the children. Clearly, a non-

custodial parent can take care of a sick child as well as the custodial parent in

many circumstances.)

l) Custodial Parent's Vacation. Unless otherwise specified, the custodial parent

shall be entitled to a period of vacation with the children no less than that

accorded the non-custodial parent, whose visitation shall abate during the first

fourteen days thereof, and thereafter only so long as distance makes visitation

impracticable.

m) Caretaker Provision. As a general rule, each parent shall have the right of first

refusal for childcare or baby sitting needs of the other parent for durations of four

hours or more. Whenever either parent has a need for child care or baby sitting

for a duration of four hours or more, that parent should always make a good faith

attempt first to inquire of the other parent, with as much advance notice as

reasonably possible, whether the other parent desires to provide child care or baby

sitting. The other parent is under no obligation to provide the childcare or baby

sitting. If the other parent elects to provide such childcare or baby sitting, it shall

be done at no cost. This provision is intended to provide each parent additional

access to the children whenever reasonably possible.

n) Telephone and Mail Privileges. Each parent shall allow liberal and reasonable

telephone and mail privileges with the children.

o) Medical Reports and Bills. The Custodial parent shall provide copies of all

medical information, and documentation, including bins, within seven (7) days of

their receipt and shall immediately notify the other parent in the event of a

medical emergency. Every effort shall be made for the custodial parent to provide

the non-custodial parent with the necessary information of a medical expense in

order to get the bin satisfied. The parent with the medical insurance shall provide

the other parent with a copy of the explanation of benefits with seven (7) days

from the date of receipt of same so that the uninsured portion of the bill can be

quickly calculated and paid within a reasonable period of time.

p) Abatement of Support During Extended Visitation. If the non-custodial

parent's support obligation is current, support shall abate by 50 percent during any

visitation of seven (7) consecutive days or more. If support is not current, the 50

percent that would have been abated shall be paid and shall apply to the existing

arrearage. (Commentary: If the custodial parent actually receives the fun amount

of child support during this period and if support is current, it is the custodial

parent's obligation to refund the money immediately to the non-custodial parent.

This alleviates many of the problems that arise when wage-withholding orders

have been issued.)

q) Modification. If the parties mutually agree permanently to change the provisions

of their decree of divorce, they must petition the Court to approve and order that

change. In the event that the parties do not obtain a court order, the Court win not

be bound by any alleged agreement of the parties.

F. Other Provisions.

{explain any other agreed-upon arrangements}

__________________________________________________________________

Neither parent shall take the child from the custody of the other parent or

any child care provider or other person entrusted by the other parent with

the care of the child without the agreement of the other party during the

other party’s time of parental responsibility or visitation.

2. CHILD SUPPORT, HEALTH INSURANCE, DENTAL INSURANCE:

A. Amount and Person to Pay. HUSBAND will pay child support to WIFE for the

benefit of the minor child of the parties in the amount of $350.00 per child, every

month. This agreement has already been put into place and will continue until modified

by court order, or the minor child becomes an adult, emancipated, marries, dies,

otherwise becomes self-supporting. (Note: Child support is stated in terms of amount per

child.)

***End of the PROPERTY SETTLEMENT AGREEMENT summary***