Date: 07-31-2013

Case Style: JLS v. DWS

Case Number: CF-2012-26

Judge: Stephen R. Clark

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Gregory J. Denney

Defendant's Attorney: Ashley R. Webb

Description: In re the Marriage of JLS and DWS - Divorce with minor children

PETITION FOR DISSOLUTION OF MARRIAGE
COMES NOW, the Petitioner by and through her attorney of record, Gregory J. Denney, and for her cause of action against the Respondent alleges and states:
I.
That Petitioner is now and has been for more than six (6) months next preceding the filing of the petition herein an actual resident, in good faith, of the State of Oklahoma, and a resident of Tulsa County, in good faith, for thirty (30) days at the time her petition was filed herein.
II.
That the parties hereto entered into a marriage on or about **, *th, 1992, and have
been since that time, and are at the present time, husband and wife. The parties separaten
or about * * *, 2011.
III.
That of the aforesaid marriage, the following minor children have been born: ***, born * * *; and * * *, born * * *, and the Petitioner is not currently pregnant.
IV.
As grounds for divorce, 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 Petitioner is entitled to a decree of divorce from the Respondent. The Petitioner requests that she be allowed to be restored to a former name.
VI.
That during the marriage of the parties hereto, they have acquired certain real and personal property which should be fairly and equitably divided and distributed between the parties.
VII.
That during the marriage of the parties hereto, they have acquired certain debts which should be fairly and equitably divided and distributed between the parties.
VIII.
That the Petitioner requests this court to order Respondent to provide her alimony based upon her need and his ability to pay the same.
IX.
That the Petitioner requests that this Honorable Court grant her sole custody of the minor children, award supervised visitation to the Respondent, and order child support based upon the Oklahoma Child Support Guidelines.
X.
The District Court in and for Tulsa County, State of Oklahoma, has the sole and exclusive jurisdiction in this matter pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for the following reasons, to-wit:
a. That pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, OkIa. Stat. tit. 43 § 551, et seq. (1998), the historical residential information for minor children involved herein are:
i. Previous Five (5) Years prior to separation: The minor children have resided with the parties at *** Rd., ***, OK.
ii. Separation through Present: ***, Tulsa, OK.
b. Tulsa and Oklahoma are the home County and State, respectively, of the minor child at the time of the commencement of this proceeding; that it is in the best interest of said minor child for the Court of this County and State to assume jurisdiction because of said minor child and parents having significant connection with this County and State, and there is available in this County and State substantial evidence concerning said minor child’s past, present and future care, protection, training and personal relationships; that said minor child is physically present in this County and State, and it appears no other County and State would have jurisdiction under prerequisites substantially in accordance with OkIa. Stat. tit. 43 § 551, et seq. (1998). A case. FD-201l-l73, was filed in Okmulgee County, but was dismissed on or about January tl1, 2012, without any determination of jurisdiction.
c. That neither federal nor the state Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., and OkIa. Stat. lit. 10 § 40, et seq., respectively, apply to these proceedings.
XI.
That the Petitioner requests this Honorable Court to order the Respondent to pay her attorney fees and costs of this action.
WHEREFORE, premises considered, the Petitioner prays that upon hearing this cause, the Court grant and award her a decree of dissolution of marriage from the Respondent; a fair and equitable division and distribution of the property and indebtedness accumulated by the parties; alimony, attorney fees and costs; and such other and further relief as to which the Petitioner may be entitled and which may be deemed just and proper by the Court.

Respectfully submitted
Gregory J. Denney

Rule 4e Verification

State of Oklahoma )
) ss.
County of Tulsa )

the undersigned, of lawful age and being first duly sworn upon oath, hereby depose and states pursuant to Rule 4e of the Rules for District Courts of Oklahoma, that he is the attorney for the Petitioner above-names, and that the statements and averments above contained are consistent with and will be supported by the evidence at the time of trial.

_____________________________
Gregory J. Denney

Subscribed and sworn to before me, a Notary Public in and for said County and State, this * day of *, 2012.

_____________________________
Notary Public

My Commission Expires:

_____________________________
Commission No. ______________


APPLICATION FOR TEMPORARY ORDER
COMES NOW the Petitioner, upon the verified Application for Temporary Order flied herein, requests this Court, after notice and opportunity for hearing, enter its order for the temporary relief hereinafter requested, to-wit:
1. That a Temporary Order be issued granting Petitioner temporary custody of the minor children of this matter, with supervised visitation to the Respondent.
2. That a Temporary Order be issued ordering the Respondent to pay child support
according to the Oklahoma Child Support Guidelines.
3. That a Temporary Order be issued restraining the Respondent from terminating utilitiy services at the marital residence.
4. That a Temporary Order be issued granting the Petitioner the use and possession of the 2006 Chevrolet Malibu.
5. That a Temporary Order be issued granting each party their separate property.
6. That a Temporary Order be issued granting the Petitioner the use and possession of the marital residence.
7. That a Temporary Order be issued ordering the Respondent to pay for the debts and monthly payments of the parties.
8, That a Temporary Order be issued restraining the parties from bothering or harassing each other while this action is pending.
9. That a Temporary Order be issued ordering the Respondent to provide support alimony during the pendency of this action.
10. That a Temporary Order be issued ordering Respondent pay her attorney’s fees.
WHEREFORE. premises considered, Petitioner prays that upon hearing this cause, the Court grant her all the aforementioned temporary relief, fees, and, such other and further relief as to which the Petitioner may be entitled and which may be deemed just and proper by the Court.


Respectfully submitted

Gregory J. Denney

RULE 4cVERIFICATION

STATE OF OKLAHOMA )
) ss:
COUNTY OF TULSA )

The undersigned, of lawflul age and being first duly sworn upon oath, hereby depose and states pursuant to Rule 4c of the Rules for District Courts of Oklahoma, that he is the attorney for the Petitioner above-named, and that the statements and averments above contained are consistent with and will be supported by the evidence at the time of trial.

__________________________
Gregory J. Denney

SUBSCRIBED and SWORN to before me, a Notary Public in and said County and State, this * day of *, 2012.

_____________________________
Notary Public

CERTIFICATE OF SERVICE

I hereby certify that on the k day , 2012, I hand-delivered, faxed
and/or mailed via U.S. Postal Service a true and correct copy of the above Application for Temporary Order to:

Judge of the District Court of Tulsa County

The Tulsa County Court Clerk

Ashley R. Webb, Attorney for Respondent
502W. 6th Street (74119)
P.O. Box 1046
Tulsa, OK 74101-1046

* * *, Petitioner
Gregory J. Oeciney, Attorney for Petitioner

Request To Set and Notice of Parenting Plan Conference

Completed and filed with certificate of mailing to respondent.

DEPARTMENT OF HUMAN SERVICES

NOTICE OF DISCLAIMER OF INTEREST BY OKDHS

The Department of Iluman Services, Child Support Services Division (“DHS”) states it has reviewed its records regarding the above parties. At the present time, no state services are being provided that requires DHS as a necessary party in this case pursuant to 43 O.S. §112(F). DHS waives its signature on any orders or decrees entered in the above case. DHS reserves the right to enter an appearance in thc case if services are provided at a later time.
( ) Child only medical, with no child support referral.

Child Support Computation

Temporary Order Agreement (form filed out by the parties and the Judge)

ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE
COMES NOW Respondent, ***, by and through his attorney of record, Ashley R. Webb, in his Answer to Petitioner’s Petition for Dissolution of Marriage alleges and states as follows:
1. Respondent admits the allegations set forth in Paragraph 1 of Petitioner’s Petition.
2. Respondent admits the allegations set forth in Paragraph 2 of Petitioner’s Petition to
the extent that the parties were legally married on June 6, 1992 in * * *, County of Lake, State of Indiana, and have since been since that time, and are now husband and wife. Respondent further
admits the allegation set forth in Paragraph 2 that the parties were separated on May 20 when
the Petitioner vacated the marital residence 3
3. Respondent admits the allegations set forth in Paragraph 3 of Petitioner's Petition.
4. Respondent admits the allegations set forth in Paragraph 4 of Petition's. Petition.
5. Respondent admits the allegations set forth in Paragraph 6 of Petitioner’s Petition.
6. Respondent admits the allegations set forth in Paragraph 7 of Petitioner’s Petition as
to only those debts acquired during the marriage prior to May 18, 2012. To the extent the debts acquired were incurred on or after ***, 2012, Respondent denies the same and demands strict proof thereof

7. Respondent denies the allegations set forth in Paragraph 8 of Petitioner’s Petition.
8. Respondent denies the allegations set forth in Paragraph 9 of Petitioner’s Petition.
9. Respondent admits the allegations set forth in Paragraphs 1 0(a)(i) and 10(c) of Petitioner’s Petition. Respondent specifically denies the allegations set forth in Paragraphs 1 0(a)(ii) and 10(b) of Petitioner’s Petition and demands strict proof thereof
10. Respondent denies the allegations set forth in Paragraph 11 of Petitioner’s Petition as each party should be responsible for their respective attorney fees and litigation expense.
COUNTERCLAIM
11. Respondent incorporates herein all allegations admitted above.
12. Respondent states that the parties are irreconcilably incompatible and that each party should be granted a Decree of Dissolution from the other on such grounds.
13. Respondent states that Petitioner is not fit to have custody or unsupervised visitation with the minor children at this time, and sole custody of the minor children should be awarded to the Respondent with supervised visitation allowed the Petitioner.
14. Respondent further states it is not appropriate for him to pay child support at this time due to his ifinctioning as the minor children’s primary custodian from May 18, 2012 to date.
15. Respondent further states that each party may have certain items of separate property which should be awarded to each of them individually as appropriate.
WHEREFORE, premises considered, Respondent prays that this matter be set for hearing, and upon conclusion of said hearing, this Court grant Respondent all relief requested hereinabove, together with such other further relief as this Honorable Court deems just and equitable.

___________________________
Ashley R. Webb

Certificate of Service

I, Ashley R. Webb, do hereby certilS’ that on the 4f day of February, 2012,1 caused a true and correct copy of the above and foregoing Answer to Petition for Dissolution of Marriage to be delivered via electronic mail to the Greg Denney at greg(gregdennylaw.com and by United States mail postage pre-paid.

___________________________
Ashley R. Webb

Certificate of Attendance for attendant at Helping Children Cope with Divorce or When Parents Live Apart.

PETITIONER’S ANSWER TO RESPONDENT’S
COUNTERCLAIM TO PETITION FOR DISSOLUTION OF MARRIAGE
COMES NOW the Petitioner, Jennifer L. Stanek, by and through her attorney of record, Gregory J. Denney of Gregory J. Denney & Associates, P.C., and for her Answer to Respondent’s Counterclaim to Petition for Dissolution of Marriage, alleges and states as follows:
1. The Petitioner admits to the allegations contained in paragraph twelve (12) of the Respondent’s Counterclaim to Petition for Dissolution of Marriage.
2. The Petitioner denies the allegations contained in paragraph thirteen (13) of the Respondent’s Counterclaim to Petition for Dissolution of Marriage, and demands strict proof thereof by a preponderance of the evidence.
3. The Petitioner denies the allegations contained in paragraph fourteen (14) of the Respondent’s Counterclaim to Petition for Dissolution of Marriage, and demands strict proof thereof by a preponderance of the evidence.
4. The Petitioner admits to the allegations contained in paragraph fifteen (15) of the Respondent’s Counterclaim to Petition for Dissolution of Marriage.
5. The Petitioner denies the allegations contained in the “Wherefore” paragraph of the Respondent’s Counterclaim to Petition for Dissolution of Marriage, and demands strict proof thereof by a preponderance of the evidence.
6. That Petitioner requests this Honorable Court order Respondent to pay her attorneys’ fees and costs associated with this matter.
WHEREFORE, Petitioner respectfully requests that this Court dismiss the Respondent’s Counterclaim to Petition for Dissolution of Marriage, and award attorney’s fees and costs to the Petitioner associated with this action; and for such other relief as may be deemed appropriate by this Court.

_____________________________
Gregory J. Denney

Outcome: DECREE OF DISSOLUTION OF MARRIAGE
COMES NOW on this 31 day of , 2013, this matter comes on for a Decree of Dissolution of Marriage. The Petitioner, * * *, is not present and her attorney, * * *, Esq. of Gregory 3. Denney & Associates, P.C. is not present. The Respondent, * * *, is present in person and with his attorney, Ashley R. Webb. After hearing testimony, THE COURT ORDERS AND FINDS AS FOLLOWS:
1. The Petitioner and Respondent were residents of Oklahoma for more than six (6) months next preceding the filing of Petitioner’s Petition for Dissolution of Marriage herein. Further, Petitioner and Respondent were for more than thirty (30) days prior to the filing of Petitioner’s Petition actual residents in good faith of Tulsa County, State of Oklahoma.
2. More than ninety (90) days have elapsed since the filing of the Petition for Dissolution of Marriage.
3. The parties were married on the 6th day of June, 1992, and have been since that time, and are now, Husband and Wife. The parties separated on or about May 18th, 2011.
4. Of this marriage, two (2) minor children have been born, to-wit: (a) * * *, born * * *; and (b) * * *, born * * *, and the Petitioner is not pregnant at this time.
5. That neither the Federal and State Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., and Okla. Stat. tit. 10 § 40, et seq., respectively apply to these proceedings.
6. This Court finds that a state of irreconcilable incompatibility exists between the parties such as to destroy the legitimate aims of the marriage and render its continuation impossible. For that reason, the parties are hereby granted an absolute Decree of Dissolution of Marriage from each other, and the bonds of matrimony heretofore existing between the parties are dissolved, set aside and held for naught, and both parties are released there from. The parties are further notified by this Court as to the six (6) month prohibition against remarriage, except to each other, under Oklahoma law.
7. That the Parties agree that the Parties shall enjoy legal joint-custody of the parties’ minor children, under the guidelines of the Jo1int Child Custody Plan (Attached hereto as Exhibit “A”), with the Respondent having primary custody, and Petitioner having equal physical custody according to the Visitation Schedule (Attached hereto as Exhibit “B”).
8. That pursuant to the agreements of the parties’, the Petitioner shall pay child support in the amount of Zero Dollars and 00/100 ($0.00). The parties’ shall split evenly any and all reasonable and necessary medical, dental, orthodontic, optometric, psychological, or any other physical or mental health expenses of the children incurred by either parent. That such percentage share shall be paid within ten (10) days of receipt of said costs. (Please see attached Exhibit “C”).
9. If either party (“the relocating party”) intends to move his or her primary residence or intends to move the primary residence of a minor children 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 children’s principai residence:
A. The relocating party shall furnish the following information to the other party on the terms set out herein:
a. The intended new address, including the specific address, if known;
b. The new mailing address, if not the same;
c. The home telephone number, if known;
d. The date of the intended move or proposed relocation;
e. A brief statement of the specific reason for the proposed relocation of the children, if applicable; and,
f. A proposal for a revised schedule of visitation with the children, if any.
B. The relocating party shall give notice of the proposed relocation of the children or the proposed change of the party’s residence address to the other party on or before the sixtieth (60th) day before the proposed change. If the relocating party did not know and could not have reasonably known of the change, the relocating party shall give notice of the proposed relocation of the children on or before the tenth (1 0th) day after the date that he or she knows of the change.
C. The obligation of a party to give the notices and to provide the information set out herein shall continue so long as that party is entitled to custody of, or visitation with, the children covered by this Order.
D. The failure of a party to give the notices and to provide the information set out herein may result in further litigation to enforce the order, including Contempt of Court.
E. The failure of a party to notify of a relocation of the children may be talcen into account in a modification of custody of, visitation with, possession of, or access to, the children. The Court may assess reasonable attorney fees and costs against a party who fails to give the required notice.
F. If a party who receives notice of the intent of the other party to relocate the residence of the children does not file, within thirty (30) days of receipt of such notice, a proceeding seeking a temporary or permanent order to prevent the relocation, the relocation is authorized.
10. Both parents shail keep each other informed of their respective addresses and telephone numbers within twenty-four (24) hours of said address or telephone number change by either party.
11. That the parties have divided their personal and intangible property to their mutual satisfaction and to be exchanged within ten (10) days from the date this Decree is filed, to-wit:
A. Petitioner is awarded as her sole and separate property, free and clear of any claims, rights or interest whatsoever of the Respondent, the following:
1. All personal property acquired prior to marriage;
ii. ‘/ of 2012 tax return refund in the amount of $3,208.00;
iii. 2006 Chevy Malibu; VIN: GM101ZT5186F103670;
iv. $51,000.00 to be distributed by a Qualfled Domestic Relations Order to Petitioner from Respondent’s 401K; and,
v. All separate property acquired since the date of separation.
B. The Respondent is awarded as his sole and separate property, free and clear of any claims, rights, or interest whatsoever of the Petitioner, the following:
i. All personal property acquired prior to marriage;
ii. V2 of 2012 tax return refund in the amount of $3,208.00;
iii. The marital property located at: 4715 Beelino Road, Beggs, OK 74421; Legal
Description: BEELINO-WINCHESTER
A TR BEG AT NE COR LT 5 S80o22’40” W 413.25’ N79o29’17” W 366.38’ TO
NW COR LT 5 E 767.67’ TO POB ULK 8;
And LOT 4, BLOCK 8, Beeino-Winchester Addition, an addition to the City of
Beggs, County of Okniulgee, State of Oklahoma, according to the recorded plat
thereof.
iv. Pop-up Camper;
v. 2003 Chevrolet Silverado 1500; VIN: 2GCEC19T431253850 and,
vi. All separate property acquired since the date of separation.
12. The Petitioner agrees and should pay the following separate or jointly-acquired debts of the parties and hold the Respondent harmless from all liability the adverse party on debts for said obligations:
A. All debts incurred by her personally before the marriage;
B. All debts associated with the 2006 Chevy Malibu; and,
C. All debts incurred by her personally since the date of separation.
13. The Respondent agrees and should pay the following separate orjointly-acquired debts of the parties and hold the Petitioner harmless from all liability the adverse party on debts for said obligations:
A. All debts incurred by him personally before the marriage;
B. All debts associated with the marital property;
C. All debts associated with the Pop-up Camper;
1). Chase Credit Card debt; Account number ending in 2255; and,
B. All debts incurred by him personally since the date of separation.
14. That each party is ordered to hold harmless from liability the adverse party on debts each has to pay.
15. That the Respondent shall claim the minor children for tax purposes each and every year.
16. That the Respondent has the ability to pay support alimony to the Petitioner and that the Petitioner has a need for such alimony. That Petitioner is awarded a judgment in the amount of Four Thousand Eight Hundred dollars and 00/100 ($4,800.00) until paid in full. The Respondent shall pay to the Petitioner a total of Four Hundred Dollars and 00/100 ($400.00) per month, following the entry of this Decree, and to continue every month for a period of twelve (12) months. Said alimony payments shall begin September 1, 2013.
17. Furthmore, the parties shall split the 2012 tax returns on a 50/50 basis, each party shall receive $3,208.00 from the 2012 tax return refund, within ten (10) days of this Decree.
18. That the Petitioner does wish to restore her maiden name: Dumay.
19. That neither party has declared bankruptcy within the last six (6) years.
20. That each party has waived the law of this State which is now or may become inconsistent with such portions of the Decree and each party acknowledges that the Decree was freely and fairly entered into by each party. The Court should, and does hereby, approve the Decree of Dissolution of Marriage.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Petitioner and Respondent are each awarded an absolute Decree of Dissolution of Marriage from the other, arid bonds of matrimony heretofore existing between said parties are hereby dissolved, set aside and held for naught, and both parties are released therefrom, except neither party can marry any other party for six (6) months hereof.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the findings of this Court with respect to all matters therein set forth previously herein in Paragraphs One (1) through Twenty-One (21) be and the same are ORDERED ADJUDGED AND DECREED as if hereafter set out at length and are hereby adopted and made the Order of this Court.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each Party shall within ten (10) days hereof, execute all documents that may be necessary or appropriate to carry out the provisions of this Decree, and if either party fails to do so, then this Decree shall operate as such required documents or conveyances; provided that if either party fails to fully cooperate in executing the documents or instruments necessary and appropriate to carry out the terms of this Decree, such offending party may be subject to th ntempt powers of this Court.


Qualified Domestic Relations Order

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: See: Amended Family Division Rules

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