Petition for Divorce - Kickapoo Tribe of Oklahoma - Edit, Fill, Sign Online

IN THE TRIBAL DISTRICT COURT

FOR THE KICKAPOO TRIBE OF OKLAHOMA

P.O. BOX 1310

MCLOUD, OK 74851

(405)964-4136

NOTICE: If you are married to a non-Indian, please be advised that pursuant to Divorce, Chapter B, Article 2, a

non-Indian must agree to this court’s jurisdiction, either by coming before the Judge or by filing a written notarized

response with the court. If you choose to file your case here and your spouse does not stipulate to the Court’s

jurisdiction, your case will be dismissed and you will forfeit your filing fee.

I have read and understood the foregoing Notice. ____________________________________

Initials Date

INSTRUCTIONS

1. This form is being provided to you to file a PETITION FOR DIVORCE. The

Court Clerk’s Office is not allowed to advise you on the petition and should you

need further assistance in filling it out, you may want to seek the advice of an

attorney AT YOUR OWN EXPENSE. This court DOES NOT HAVE a Legal

Aid Department to assist you.

2. Please type or print the information in ink.

3. You will need to submit a copy of your C.D.I.B. card.

4. The filing fee for this action is $25.00, if you are a Kickapoo Tribe of Oklahoma

tribal member. If you are a member of another federally recognized tribe the

filing fee is $50.00.

5. The payment must be paid in a form of a money order or cashier’s check made

payable to the “Kickapoo Tribal Court”. NO CASH OR PERSONAL

CHECKS WILL BE ACCEPTED.

6. Your spouse must be served with a copy of the Petition so you must provide a

complete address for the defendant, including the zip code. Without this

information, service cannot be obtained and can delay your action. Obtaining the

address is YOUR responsibility.

COURT CLERK’S OFFICE HOURS ARE: 8:00 a.m – 5:00 p.m.

(Open Monday through Friday; Closed Weekends and All Federal Holidays)

NO FILINGS ACCEPTED AFTER 4:30 P.M.

FOR THE KICKAPOO TRIBE OF OKLAHOMA

P.O. BOX 1310 MCLOUD, OKLAHOMA 74851

____________________________________, )

Plaintiff, ) FC-___________

v. )

)

_____________________________________, )

Defendant, )

PETITION FOR DIVORCE

COMES NOW the plaintiff, ___________________________, and files this

verified Petition for Divorce against the defendant, ____________________, in the

Kickapoo Tribal Court. and alleges and states under oath that the following information is

true and correct.

1. That the Kickapoo Tribe District has jurisdiction to her hear and decide this

_____ matter according to the Kickapoo Family and Divorce Ordinance, Chapter B,

Article 2 Jurisdiction, because the plaintiff/defendant currently reside(s) on Indian

trust land and has resided there for more than 90 days prior to the filing of this

petition and said address is

__________________________________________________________________

_____ That neither party resides on trust land.

2.

_____ That the Kickapoo Tribal Court has personal jurisdiction to hear and decide this

matter because the plaintiff is an enrolled member of the _______________ Tribe

and plaintiff’s address is _____________________________________; and the

defendant is an enrolled member of the ______________________ Tribe and

defendant’s address is ______________________________________;

_____ That the plaintiff is a non-Indian and plaintiff’s address is ___________________

and the defendant is an enrolled member of the Kickapoo Tribe of Oklahoma and

defendant’s address is_______________________________________;

_____ That the plaintiff is an enrolled member of the Kickapoo Tribe of Oklahoma and

plaintiff’s address is ____________________________; and the defendant is a

non-Indian and defendant’s address is _________________________________.

3.

_____ That the plaintiff and defendant were legally/common law married at

____________________, State of _____________________, on the ______ day

of ____________________, _______.

4.

_____ That the plaintiff is _____ years old and his/her occupation is ________________

and that she/he has lived in Indian Country for _____ months/years and the

defendant is ______ years old and his/her occupation is ___________________

and that he/she has lived in Indian Country for _____ months/years.

5.

_____ That of the marriage ______ child (ren) have/has been born, namely:

Names: Dates of Birth

_______________________________ ___________________

6.

_____ That the plaintiff/defendant is not pregnant:

_____ That the plaintiff/defendant is pregnant and the birth of said child expected on or

about the _____ day of ___________________, 20______, and that the father of

said child is ____________________________.

7.

_____ That the parties have lived separately and apart for at least ______ days prior to

the filing of this petition;

_____ That a serious marital discord exists and there is no reasonable prospect of

reconciliation.

8.

_____ That the plaintiff does not need a restraining order;

_____ That he plaintiff needs a restraining order because the plaintiff fears the defendant

may attempt to harm, harass or molest the plaintiff. Describe what has happened

to cause the need for an order of restraint: ________________________________

__________________________________________________________________

9.

_____ That the parties have not accumulated any property that needs to be divided by the

Court.

_____ That the parties have acquired certain property either by real estate and/or personal

that needs to be divided by the court in that the plaintiff should receive the following:

__________________________________________________________________

and the defendant should receive the following:

__________________________________________________________________

10.

_____ That the parties have not acquired any debts that need to be addressed by the

court.

11.

_____ That the plaintiff/defendant is a fit and proper person to have custody of the minor

child (ren) of the parties;

12.

_____ That the plaintiff/defendant should have visitation with the minor child (ren) at

reasonable times and places;

_____ That the plaintiff/defendant should have visitation with the minor child (ren) on a

supervised basis;

_____ That the plaintiff/defendant should have visitation with the minor child (ren)

according to the following schedule____________________________________.

13.

_____ That the plaintiff/defendant should be ordered and directed to make child support

payments in the amount of $________ per month per child.

_____ That no child support be ordered because there are no children of the marriage;

_____ That no child support be ordered because the children of the marriage have

reached the age of majority.

14.

_____ That the plaintiff/defendant should not be required to pay spousal support to the

plaintiff/defendant

_____ That the plaintiff/defendant should be required to pay spousal support to the

plaintiff /defendant in the amount of $_______ per month until plaintiff/defendant

remarries or until further of the court.

15.

_____ That the plaintiff/defendant should be restored to her former name of

______________________________.

_____ That the plaintiff/defendant should not be restored to her former name.

16.

_____ That no other divorce action has been filed by either the plaintiff of any other

defendant in any other state or tribal court as of this date;

_____ That another divorce action has been filed in another court in ________________

County, __________________, Oklahoma and that said case number is

_________________________.

WHEREFORE, premises considered, the plaintiff prays the upon hearing this

cause the Court grant and award the plaintiff a decree of divorce from the defendant and

any and all relief requested herein and such other further relief as to which the plaintiff is

entitled.

______________________________

Plaintiff

Address: ______________________________

______________________________

VERIFICATION

I, __________________________, being duly sworn to tell truth and being of

lawful age 18 years of age, hereby states that I have prepared and read the attached

petition and verify that all of the factual allegations contained in the petition are in fact

true and correct to the best of my knowledge and belief, under penalty of perjury.

______________________________

Plaintiff

Subscribed and sworn to before me this ____ day of ______________________, 20____.

(SEAL) ______________________________

Court Clerk

Fillable Printable Petition for Divorce - Kickapoo Tribe of Oklahoma

Fillable Printable Petition for Divorce - Kickapoo Tribe of Oklahoma

Petition for Divorce - Kickapoo Tribe of Oklahoma