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Case Style: In re the Marriage of SMC and JCR
Case Number: FD-2015-*
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Marvin Lizama
Description: Tulsa, OK - SMC sued JCR seeking dissolution (divorce) of their marriage with minor children claiming:
PETITION FOR DISSOLUTION OF MARRIAGE
Comes Now Petitioner, SMC, and for her cause of action against Respondent, JCR, alleges and states:
1. Petitioner is now and has been for more than six (6) months immediately preceding the filing of this Petition, a resident of the State of Oklahoma, and is now and has been for more than thirty (30) days immediately preceding the filing of this Petition a resident of Tulsa County, State of Oklahoma.
2. The parties were married on or about February 2*** and since that time have been and are at the present time, husband and wife.
3. Of the marriage, two (2) children were born, N.J.L.C.T., born on ***, and S.M.C.T., born on ***. Petitioner is the biological mother and Respondent is the biological father of the minor children. Moreover, Petitioner is not now pregnant.
4. The minor children currently reside with Petitioner in Tulsa County, Oklahoma. The Respondent abandoned the home approximately three (3) years ago and has not had any contact with the minor children since that time.
5. Petitioner knows of no other litigation regarding the minor children in any other jurisdiction or State, and there are no other persons not a party to this proceeding who have physical custody of the minor children or who have visitation rights with respect to the minor children.
6. This Court has jurisdiction over the parties and subject matter jurisdiction of this action pursuant to the applicable provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Parental Kidnapping Prevention Act (PKPA), and the Uniform Interstate Family Support Act (UIFSA). Oklahoma is the home State of the minor children and their parents have significant connection with Oklahoma. No other State has jurisdiction and it is in the minor child’s best interest that this Court assume jurisdiction.
7. Upon information and belief, the minor children are members of an Indian Tribe. The Indian Child Welfare Act, 25 U.S.C. §1901 et seq., and the Oklahoma Indian Child Welfare Act, 100.S. §40 et seq., do apply.
8. Upon information and belief, Respondent is not a “person in military service” as defined by the Service Member’s Civil Relief Act, 50 App. U.S.C. § et seq., as amended. See Exhibit “A.”
9. As grounds for divorce, Petitioner states that the Respondent abandoned the home approximately three (3) years ago and since that time the Respondent has not provided any financial assistance to their children. In the alternative, Petitioner pleads incompatibility as grounds for divorce.
10. Petitioner desires that the Court determine the legal and physical custody issues and determine visitation rights of the parents of the minor children, as well as child support, and brings this Petition for that purpose and to obtain a decree of dissolution of marriage.
11. Petitioner is a fit and proper person to have legal custody and control of the minor children. The Petitioner requests that the Court grant her sole custody of the minor children.
12. Respondent, as the biological father, should be ordered to provide financial assistance for the minor child in accordance with the Oklahoma Child Support Guidelines.
13. Prior to the marriage, Petitioner and Respondent owned property which should be set aside to each individually.
14. During the marriage, the parties have acquired certain property which the Petitioner asks be divided equitably between the parties.
15. During the marriage, the parties acquired certain debt which the Petitioner asks be divided equitably between the parties.
16. The Petitioner reserves the right to request alimony from the respondent.
17. The Respondent should be ordered to pay the Petitioner’s attorney fees and costs.
18. The Petitioner requests that her maiden name be restored to that of her maiden name, SMT.
WHEREFORE, premises considered, Petitioner prays this Court grant and award her a Decree of Dissolution of Marriage from Respondent on the grounds of abandonment; grant her sole custody of the parties’ minor children; enter an Order for child support from Respondent; enter an Order establishing the parties’ separate property; enter an Order of a fair and equitable distribution of the marital property and marital debt between the parties, and for such other and further relief as this Court may deem proper.
REQUEST TO SET AND NOTICE OF PARENTING PLAN CONFERENCE
Comes now the (Plaintiff or Defendant) and requests the Court to set the above-styled case for conference on the Court’s docket.
List below all attorneys or pro se litigants with addresses including out-of-town attorneys.
Plaintiff (pro Se) and/or Plaintiff’s attorney
NOTICE OF PARENTING PLAN CONFERENCE
Upon request of Plaintiff/Defendant, notice is hereby given that the above case is set for conference before
Judge Anthony Miller on the * day of *, 2015 at * o'clock *.m. in room *, Tulsa County Courthouse, Tulsa, Oklahoma.
Dated this * day of January, 2015.
Sally Howe Smith Court Clerk
Failure to appear or respond may result in Default Orders being entered against you, which could adversely affect your custodial or visitation rights, your financial obligations, your property rights and the scheduling of your case.
Pursuant to Administrative Order both parents (Plaintiff and Defendant) are ordered to attend Helping Children Cope With Divorce Seminar within 14 days.
Certificate of mailing
I hereby certify that on the _______ day of ___________________________, 20, a true and correct copy of the notice of Parenting Plan Conference was mailed to the above named parties/attorneys and the original notice was filed in this case.