Date: 04-10-2012

Case Style: In re the Marriage of Michael M. and Taylor M.

Case Number: CD-2012-15

Judge: Martha Rupp Carter

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Mike Horn

Defendant's Attorney: Respondent, pro se

Description: PETITION AND AUTOMATIC TEMPORARY INJUNCTION NOTICE
COMES NOW the Petitioner, MSM, for his cause of action against the
Respondent, TJM, alleges and states that:
1 Petitioner is now and has been for more than six (6) months preceding the filing of this
Petition herein an actual resident, in good faith, of the State of Oklahoma, and a resident
County, for thirty (30) days at the time this Petition was filed.
2. The parties were married on * * ,2007, at Tulsa, Oklahoma, and have been since that time and are at the present time husband and wife.
3. Of this marriage there is one minor child, namely: ***, born December
**, 2008. The Respondent is not now pregnant.
4. Attached and made a part of by this reference is Petitioner’s Affidavit in compliance with the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act 43 OS. § 551-101 et seq.
5. As grounds for dissolution of the marriage, the Petitioner alleges that a state of complete and irreconcilable incompatibility has arisen between the parties which has completely destroyed the legitimate aims of the marriage of the parties and rendered its continuation impossible, by reason of which the Petitioner is entitled to a decree of dissolution of the marriage from the Respondent.
6. The Petitioner is a fit and proper person to have custody of the minor child of the parties and that custody of said child should be awarded to the Petitioner, subject to the right of the Respondent to visit with the child at reasonable times and places.
7. The Respondent should be ordered to pay child support in accordance with the child support guidelines.
8. The parties have acquired certain property, which the Petitioner asks be divided equitably between the parties.
9. During the marriage, the parties have acquired certain debts which the Petitioner asks be divided equitably between the parties.
10. Petitioner has received no payments from the Department of Human Services (DHS) and, to the best of Petitioner’s knowledge, the Respondent has received no payments from DHS.
11. By separate Application, Petitioner seeks a Temporary Order granting him temporary relief
WHEREFORE, premises considered, the Petitioner prays that upon hearing this cause the Court grant and award to the Petitioner:
I. A decree of dissolution of the marriage;
2. Custody of the minor child, with specified reasonable visitation privileges to the Respondent;
3. All separate property acquired by him prior to marriage;
4. A fair and equitable division and distribution of the property accumulated by the parties;
5 Child support;
6. Such other and ftirther relief to which Petitioner may be entitled.

ATTORNEY’S LIEN CLAIMED

Law Office of Michael S. Horn
P0 Box 305
Jenlcs, OK 74037
(918) 798-1791
Attorney for Petitioner

VERIFICATION

STATE OF OKLAHOMA

COUNTY OF TULSA

MSM, being first duly sworn upon his oath, states:

That he is the Petitioner above named; that he has read the above and foregoing document and knows the contents thereof, and that the statements, allegations and facts therein set forth are true and correct to the best of his information, knowledge, and belief

MSM, Petitioner

REQUEST FOR PARENTING PLAN CONFERENCE

ENTRY OF APPEARANCE & WAIVER OF SERVICE

COMES NOW the Respondent, * * *, on this * day of * 2012, and voluntarily acknowledges receipt of a copy of the Petition of Petitioner in the above-entitled and numbered cause, specifically waives issuance and serv upon - her of Summons in this cause, voluntarily enters a general appearance and reserves the right to execute an agreed Decree or to be given notice of the trial date of the case. Further, Respondent, at this time, elects not to seek a separate attorney, agrees that the Petitioner is represented by counsel, * * *, and recognizes that Petitioner’s attorney does not represent her in this matter, owes no duty to her, and that Petitioner’s attorney is obligated only to protect the interest of the Petitioner.


_____________________________
Respondent

RECEIPTS FOR ATTENDING CHILDREN COPE SEMINAR

Outcome: DECREE OF DISSOLUTION

NOW ON this ic day of , 2012, this matter comes on for hearing on Petitioner’s Petition. Petitioner, MSM, is present in person and with his attorney, MSM. The Respondent, * * * appears not, but has signed a waiver of summons and this Decree.
The Court, having examined the files and records m this case, having filly considered the evidence, and being fully advised in the premises, FINDS: C)
1. All material facts alleged in Petitioner’s Petition are true.
2. The parties were married on * *, 2007, at Tulsa, Oklahoma, and have been since that time and are at the present time husband and wife.
3. Of this marriage one minor child has been born, namely: * * *, born December **, 20**. The Respondent is not now pregnant.
4. As required by Rule 8.2, Rules for District Courts, 12 O.S. 696.2 and 43O.S. § 551-101 et seq. (Uniform Child Custody Jurisdiction and Enforcement Act) have been complied with.
5. The Petitioner is now and has been for more than six (6) months next preceding the filing of Petitioner’s Petition herein a bona fide resident in good faith of the State of Oklahoma, and is now and has been for more than thirty (30) days prior to the filing of Petitioner’s Petition an actual resident in good faith of Tulsa County, Oklahoma.
THE COURT FURTHER FINDS AND IT IS THEREFORE ORDERED by the Court that:
6. Both parties are entitled to and are hereby awarded an absolute decree of dissolution upon the grounds of incompatibility from the each other. The bonds of matrimony heretofore existing between the parties are hereby dissolved, set aside and held for naught, and both parties are released therefrom; PROVIDED, that until six (6) months neither party shall remarry another person. Both parties may make at any time a written and signed application to the Court asking that this decree be set aside and held for naught, and upon proper proof to the Court the decree will be set aside and vacated.
7. The Petitioner is the fit and proper person to have custody of the minor child of the parties. Petitioner shall have legal custody of the parties’ minor child, namely: ***, born December **, 2008. The Respondent shall be awarded visitation in accordance with the Visitation Schedule attached as Exhibit “1’.
8. The Respondent is fit, healthy, and able to pay monthly child support per the Oklahoma Child Support Guidelines.
8.1. Petitioner’s grossmonthlyincome is $1,727.75 permonth. Respondent’sgross monthly income is 1,257.00 per month.
8.2. The Respondent shall pay child support to the Petitioner the amount of $226.42 per month pursuant to the Child Support Guidelines attached as Exhibit 112?.
8.3. The Petitioner and Respondent shall pay their pro rata share of all employment or school-related day care incurred for the minor child.
8.4. The child support payments are payable on the 7th day of the each month beginning on **, 20** and a like sum on the same day of each month thereafter.
8.5. Payment shall be made within ten (10) days from the date presentation of proof of day care expenses are received by the Respondent.
9. The court finds that good cause exists not to enter a wage assignment at this time, however, either party may apply for a wage assignment in the future should conditions change.
10. The Respondent shall provide health and dental insurance for the parties’ minor child.
11. The Petitioner and Respondent shall pay their pro rata share of all uninsured reasonable and necessary medical, dental, orthodontic, optometrical, psychological or any other physical or mental health expenses of the child not reimbursed by insurance as shown on Line 7 of the Child Support Guidelines.
12. The parties agree and it is hereby ordered that the Petitioner shall claim the minor child, ***, DOB 12/**/20**, for tax exemption for Federal and State income tax purposes starting with the calendar year 2012.
13. The parties shall share equally all transportation and transportation costs associated with visitation.
ORDER TO ALL PARTIES CONCERNING RELOCATION
You, as a party in this action, are ordered to notify every other party to this action of a proposed relocation of a child, change of your primary residence address, and the following information:
a. The intended new residence, including the specific address, if known;
b. The mailing address, if not the same;
The home telephone number, if known;
d. The date of the intended move or proposed relocation;
e. A brief statement of the specific reasons for the proposed relocation of a child, if
applicable; and
f. A proposal for a revised schedule of visitation with a child, if any.
You are flirther ordered to give notice of the proposed relocation or change ofresidence address on or before the sixtieth day before a proposed change. If you do not know and could not have reasonably known of the change in sufficient time to provide a sixty-day (60) notice, you are ordered to give notice of the change on or before the tenth day after the date that you bow of the change.
Your obligation to furnish this information to every other party continues as long as you, or any other person, by virtue of this order, are entitled to custody of or visitation with a child covered by this order.
Your failure to obey the order of this court to provide every other party with notice of information regarding the proposed relocation or change of residence address may result in further litigation to enforce the order, including contempt of court.
In addition, your failure to notify of a relocation of a child may be taken into account in a modification of custody of, visitation with, possession of or access to a child. Reasonable costs and attorney fees also may be assessed against you if you fail to give the required notice.
You, as a party in this action, are ordered to notify every other party to this action of a proposed relocation of a child, change of your primary residence address, and the following information:
a. The intended new residence, including the specific address, if known;
b. The mailing address, if not the same;
The home telephone number, if known;
d. The date of the intended move or proposed relocation;
e. A brief statement of the specific reasons for the proposed relocation of a child, if
applicable; and
f. A proposal for a revised schedule of visitation with a child, if any.
You are flirther ordered to give notice of the proposed relocation or change ofresidence address on or before the sixtieth day before a proposed change. If you do not know and could not have reasonably known of the change in sufficient time to provide a sixty-day (60) notice, you are ordered to give notice of the change on or before the tenth day after the date that you bow of the change.
Your obligation to furnish this information to every other party continues as long as you, or any other person, by virtue of this order, are entitled to custody of or visitation with a child covered by this order.
Your failure to obey the order of this court to provide every other party with notice of information regarding the proposed relocation or change of residence address may result in further litigation to enforce the order, including contempt of court.
In addition, your failure to notify of a relocation of a child may be taken into account in a modification of custody of, visitation with, possession of or access to a child. Reasonable costs and attorney fees also may be assessed against you if you fail to give the required notice.
If you, as the non-relocating parent, do not file a proceeding seeking a temporary or permanent order to prevent the relocation within thirty (30) days after receipt of notice of the intent of the other party to relocate the residence of a child, relocation is authorized.
14. The property oed by the parties shall be, and the same is hereby divided as follows:
14.1. To Petitioner. The Petitioner is awarded as his sole and separate property, free and clear of any claims, rights or interest whatsoever of the Respondent, the following:
14.1.1. All personal property acquired by him prior to marriage;
14.1.2. All separate property acquired by him since the date of separation;
14.1.3. All marital property, including household furnishings, currently in his possession;
14.1.4. All funds on deposit in accounts held with Chase Bank with the four digits 0603 and 4645 with an approximate balance of $24 and $15 respectively
1 4.2.To Respondent. The Respondent is awarded as her sole and separate property, free and clear of any claims, rights, or interest whatsoever of the Petitioner, the following:
14.2,1. All personal property acquired by her prior to marriage;
14.2.2. All separate property acquired by her since the date of separation;
14.2.3. All marital property, including household furnishings, currently in her possession;
14.2.4. The following vehicle(s):
2005 Ford Escape VIN1FMYUO2Z75KC91784
15. Each party is ordered and directed to execute and deliver to the other such assignments, bills of sale, deeds or conveyances of record that may be necessary to carry the terms of the division
of the property into effect, and in the event either of the parties fails to do so within five (5) days from this date, then this decree shall operate as such conveyance.
16. Each party shall assume and pay the followingjointly-acquired debts and obligations of the parties outstanding at the time of this decree in full, and shall hold the other party free and clear of all liability thereon, to wit:
16.1. Petitioner:
16.1.1. All debts incurred by him personally since the date of separation;
16.1.2. The following marital debts:
Creditor’s Name Balance
Claremore Regional Hospital $3,190.86
Cox Cable $262.24
Tulsa Radiology Association I $261.00
TOTAL I $3,714.10
16.2. Respondent:
16.2.1. All debts incurred by her personally since the date of separation;
17. Both parties shall transfer balances on all jointly-held credit cards to credit cards held solely in his or her name within thirty (30) days of the date of filing of the Decree.
18. The Court FiNDS that both parties have waived any request for support alimony.
19. The Court FINDS that both parties have waived any request for alimony in lieu of property division.
20. Each party shall pay his or her own attorneys fees and costs including costs of litigation, expert witness fees and court costs.

____________________________
Judge of the District Court

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Suggestion: See: http://www.tulsacountydistrictcourt.org/family_court.html for information of representing yourself in a divorce in Tulsa County. How Do I file a Dissolution of Marriage, Legal Separation or Paternity Case