Date: 01-11-2014

Case Style: In re the Marriage of: ECP and GLP

Case Number: cd-2012-****

Judge: Tammy Bruce

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Nancy Coppola

Defendant's Attorney: Pro se

Description: Tulsa County, Oklahoma - In re the Marriage of: ECP and GLP - Divorce with minor children

PETITION FOR DIVORCE AND DISSOLUTION OF MARRIAGE

COMES NOW, ECP and files her Petition for Divorce and Dissolution of Marriage against GLP, Respondent, for the following reasons to wit:

1. That Petitioner has resided in the County of Tulsa and in the State of Oklahoma for at
least six months prior to commencement of this action. Petitioner currently resides at
8806 E. 79th Street, Tulsa, Oklahoma 74133. Petitioner’s date of birth is 9-3-1973.
Respondent currently resides at 836 River Mist Place, Jonesboro, Georgia O238.
Respondent’s date of birth is 11-3-1975.

2. That on March 28th, 2002, Petitioner and Respondent were joined together by mariage, recorded in Tulsa County, State of Oklahoma, and since that time have been husband and wife. The parties separated in April of 2011 and have lived separate and apart fiom each other since that time.

3. Petitioner alleges that a state of incompatibility has arisen between the parties to the extent that legitimate aims of the marriage have been destroyed.

4. That two children were born from this marriage, EAP (age 5, DOB 3-29-2006) and Isaiah GLP (age 8, DOB 8-1-2003). Both of the minor children are currently in the possession of the Petitioner.

5. Petitioner is requesting that she be awarded full custody of both the minor children ith supervised visitation privileges to the Respondent (six-days per month for three-hours per thy).

6. That Petitioner is requesting that the Court impose child support in a manner consistent with the Oklahoma Child Support Guidelines. Petitioner further requests that said amount be garnished from the Respondent’s wages.

7. That there are no prior or pending court proceedings regarding the parties herein.

8. That Petitioner is requesting that a fair division be made of all property assets, including property assets currently under Respondents control in Jonesboro, Georgia.

9. That Petitioner is requesting that she be awarded alimony in the amount of $500.00 per month, for duration of one-year.

10. That Petitioner is requesting to that she be awarded all personal property currently in her possession, free and clear of any title, right, or interest of Respondent.

Request for parenting conference.

MOTION TO DISMISS

COMES Now the Respondent, GLP, by and through his attorneys of record, Charles J. Kania and Zachary A. Waxman of the KANIA LAW OFFICE, and pursuant to 0km. Stat. tit, 12-Rules for District Courts of Oklahoma-Rule 4. Motions, hereby moves the Court to dismiss Petitioner’s January 3, 2012, Petition for Divorce and Dissolution of Marriage and deny said Petition without a hearing. In support of this Motion, Respondent states and avers as follows:
Relevant Case Chronology

1. Petitioner’s Move to Tulsa, Oklahoma. Petitioner attests that she
Oklahoma at the “end” of July, 2011.

2. Filing of Petition. Petitioner filed her Petition for Divorce and Dissolution of
Marriage, with this court on January 3, 2012.

Arguments and Authority

3. Residency Requirement. Pursuant to Okla. Stat. tit. 43 § 102(A) (2002), a party seeking a divorce must be “an actual resident, in good faith, of the state, for six (6) months immediately preceding the filing of the petition. By Petitioner’s own admission she had moved to Tulsa, Oklahoma at the end’ of July, subsequently filing her Petition on January 3, 2012. Petitioner is not an actual, “in good faith”, resident of Oklahoma and thusly does not meet the residency requirement for filing her Petition in the state of Oklahoma. Said Petition should be dismissed because of Petitioner not meeting the residency requirements.

4. Personal Jurisdiction. OkIa. Stat. tit. 43 § 104 (1989) provides: “ A court may exercise personal jurisdiction over a person, whether or not a resident of this state, who lived within this state in a marital or parental relationship, or both, as to all obligations for alimony and child support where the other party to the marital

WHEREFORE, ECP, Petitioner, prays that this Honorable Court set a date to hear the above information, to award her a Decree of Divorce and Dissolution of Marriage, and any and all other costs this Honorable court deems necessary.
relationship continues to reside in this state, When the person who is subject to the jurisdiction of the court has departed from the state, he may be sewed outside of the state by any method that is authorized by the statutes of this state.”

In the present case, Petitioner is has not established residency in the State of
Oklahoma, and is therefore not subject to the personal jurisdiction of this Court or
any court in the State of Oklahoma. This Court, nor any other court in the State of
Oklahoma has personal jurisdiction to hear this matter, necessitating that Petitioner’s
January 3,2012, Petition be dismissed.

WHEREFORE, premise considered, Respondent respectfully request that Court deny and dismiss Petitioner’s Petitioner fbi Divorce and Dissolution of Marriage as a matter of law, award Respondent his reasonable fees and costs required to defend this charge, and grant him any further relief this Court deems just and equitable.

Outcome: DEFAULT DECREE OF DIVORCE

On the 21st day of June, 2013, the above-entitled cause came on for Pre trial before the Honorable Judge T. Bruce. The Petitioner appears in person with her attorney of record Nancy Coppola, the Respondent GP appears not, after being mailed a copy of the pre-trial order setting hearing by Counsel for Petitioner by regular mail US postage pre paid. The Respondent’s name was called three times outside the court room with no answer. The Court finds that Respondent is
in default.
The Court having heard evidence of one (1) witness, sworn in and examined in Court and having examined the court file, and heard statements of counsel, and makes the findings, conclusions and Orders as are hereinafter set forth and finds that the following order is in the best interest of the minor children. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court as follows:

1. That the parties were legally married on or about March 28, 2002 in Tulsa, Oklahoma and since that time have been husband and wife.

2. That immediately prior to the filing of the Petition herein Petitioner was a resident in good faith of the State of Oklahoma for six months and a resident of Tulsa County for at least thirty days. More than ninety days has elapsed since the filing of the Petition.

3. That a state of irreconcilable incompatibility exists between the parties, which has destroyed the legitimate aims of the marriage, whereby the Petitioner is entitled to a divorce from the Respondent. Each party is prohibited from remarriage within six months of this date, except to each other.

4. Of this marriage two children have been born who are now minors, namely EAP, D.O.B.:. 03/29/2006, and IGLP, D.O.B.:08/01/2003.

5. That the minor children are not of Indian decent; therefore, the Indian Child Welfare Act does not apply to these proceedings.

6. The Court has jurisdiction to make a child custody determination pursuant to the terms of the Uniform Child Custody Jurisdiction and Enforcement Act. Respondent must comply with the Court's Order to submit to the Psychological exam. prior to receiving any visitation as set out in paragraph 7.

7. The Petitioner is awarded sole legal and physical custody of the minor children named above. The Respondent shall have monthly therapeutic visitation at his -- expense with Dr. Reynolds. Dr. Reynolds’ contact number is (918) 712-7227, or supervised visitation through Visit Solutions at his expense. Visit Solutions
contact number is (918) 582-1220. Respondent shall schedule the visitationa’ Petitioner within 24 hours from the time he schedules the appointment.
Respondent’s visitation to expand once he provides the Court with the documentation and assessment that was order by the Court in the Temporary Order, and upon application.

8. The Petitioner is not pregnant.

9. Child support was calculated according to the Oklahoma Statutes and that the guidelines were followed and are filed with the Court and approved by the Court as part of the proceedings. The minor children receive a monthly check from Social Security due to the Respondent’s disability; therefore, there is no child support owed at this time. (See Exhibit A)

10. The Petitioner must furnish Respondent with timely written documentation of any change in the amount of health insurance cost premium, carrier or benefits within 30 days of the date of the change. Upon receiving timely notification of the change of cost, the other parent is responsible for his/her percentage share of the changed cost of the health insurance. Failure to provide timely notice may result in a denial of the right to receive credit or reimbursement for the expense or increased premium.

11. Each party shall be responsible for the minor children’s reasonable and necessary medical, dental, orthodontic, optometric, psychological, or any other health expenses according to their percentage as calculated per the Guidelines.
Non-covered expenses. Mother shall pay 61 per cent and Father shall pay 39 percent of the reasonable and necessary medical, dental, orthodontic, optometric, psychological, or any other physical or mental health expenses for the minor children not covered by insurance or other third-party coverage. The parent who incurs the expense shall be reimbursed by the other parent within thirty (30) days of receipt of documentation of the non-covered portion of the expense.

12. All right, title, and interest in the following described property should be retained or transferred to Petitioner free of any claim of Respondent, and Respondent should be restrained from asserting any claim to such property:

A. All Petitioner’s separately acquired property;

B. All Petitioner’s personal belongings now in her possession.

13. All right, title, and interest in the following described property should be retained or transferred to Respondent free of any claim of Petitioner, and Petitioner should be restrained from asserting any claim to such property:

A. All Respondent’s separately acquired property; and

B. All Respondent’s personal belongings now in his possession.

14. Petitioner should pay the following separate or jointly acquired debts of the parties and hold Respondent harmless from all liability for said obligations, including all debts incurred in defense of creditors’ suits or in prosecution of any such action to enforce this order:

A. Any debts individually incurred since the parties’ separation;

B. All credit cards in her name;

C. Any other debt in her name.

15. Respondent should pay the following separate or jointly acquired debts of the parties and hold Petitioner harmless from all liability for said obligations, including all attorney fees and debts incurred in defense of creditors’ suits or in prosecution of any such action to enforce this order:

A. Any debts individually incurred since the parties’ separation; and

B. All credit cards in his name; and

C. Any other debt in his name.

16. Neither party has filed for Bankruptcy within the last seven years.
17 The Petitioner shall claim the minor children on her taxes each year.

18. In accordance with the provision of 43 O.S. Sec. 112.3, if either party (“the relocating party”) intends to move his primary residence or intends to move the primary residence of the minor child of the parties over seventy-five (75) miles for a period of sixty (60) days or more when such move is not a temporary absence from the child’s principal residence.

A. The relocating party shall furnish the following information to the other party on the terms set out herein:

19. Neither party to pay the other any support alimony.

20. Each party to pay their own attorney fees and costs.

21. Petitioner restored to her former name of “* * *”.

Plaintiff's Experts:

Defendant's Experts:

Comments: