Microsoft Word - FIT Instruction Packet_Minor Children

District Court of Tulsa County

Family Court Instruction Packet:

Dissolution of Marriage, Legal Separation, or Paternity

Determination with minor children.

This Instruction Packet is for parties with minor children involved. Please refer

to the back of this sheet for more detailed information.

Ways to

serve

the Respondent:





 Certified Mail sent by the Family Relations Court Clerk – the green card returned by the

Post Office must be signed and filed to show proof of service, or





 Sheriff’s Department – the Sheriff’s Department will file a return of service, or





 Private Process Server – the Private Process Server will file a return of service, or





 A Waiver of Service can be signed by the Respondent and filed. The Respondent MUST

wait 24 hours after the Petition is filed before the waiver can be signed and filed.

Pg1 Front Family Court Instruction Packet (Rev. 09/27/10) nk

Both parties MUST:

 Exchange the Temporary Order Financial Declaration form (attached).

Before the Parenting

Plan Conference - please bring this form to the conference

;

 Attend the “Helping Children Cope with Divorce” seminar (registration form attached).

Preferably before the Parenting Plan Conference

;

 Comply with DR 5 – Discovery (attached);

 Attend the Parenting Plan Conference;

 Show proof of bankruptcy.

See detailed information on back

The person filing for divorce (Petitioner) must

serve

the

other party (Respondent) a copy of the following:

1. Summons;

2. Petition for Dissolution of Marriage or Legal Separation;

3. Notice of Parenting Plan Conference;

4. Application for Temporary Order;

5. This Instruction Packet.

If both parties

AGREE

or do not contest:

 The Petitioner may request an Agreed Dissolution/Legal Separation on or

after the 91

day of filing the petition.

The following documents are attached to this Instruction Packet:

1. Temporary Order Financial Declaration form;

2. Local Rule DR 5;

3. “Helping Children Cope with Divorce” seminar registration form;

Information for the Parenting Plan Conference:

1. Only required if a minor child is involved.

2. Located on the 6

floor in courtroom 605;

3. Starts at 9:00am (date issued by the Family Relations Court Clerk) - the attorneys are not

required to be present at the conference until 9:30am;

4. If at least one party has an attorney, both parties will meet with that attorney (or both attorneys)

at the end of the conference to work out a Temporary Order Agreement;

5. If both parties do not have an attorney, both parties will meet with the Family Resource

Coordinator at the end of the conference.

Information if both parties AGREE or do not Contest:

1. The Petitioner MUST wait the appropriate time frame from the time the petition or waiver was

filed;

2. The Petitioner can then go to the Family Relations counter on the second floor any day of the

week at 12:00pm (noon) and ask for an Agreed or Default Divorce - the Family Relations Court

Clerk will direct the Petitioner to Judge Mark Barcus in courtroom 605;

3. If parties do not have an attorney, they will meet with the Family Resource Coordinator before

they see the Judge:

a. The Family Resource Coordinator will assist the Judge, using a check list to sort self-

represented litigant paperwork;

b. If the paperwork is in order, the parties may see the Judge.

4. The following documentation is required (one original and two copies):

a. Dissolution of Marriage (signed by both parties if necessary);

b. Bankruptcy paperwork (only if either party filed bankruptcy in the last 6 years) that shows:

i. Bankruptcy has been DISCHARGED and;

ii. The case is CLOSED (these are two different documents);

c. Child Support Computation Sheet;

d. Joint Custody Plan:

i. Only applies to Joint Custody;

ii. Must be signed by both parties and signatures notarized;

e. “Helping Children Cope with Divorce” certificate of completion.

The Family Resource Coordinator:

1. Located in room 607 of the Tulsa County Courthouse and can be reached by calling

(918) 596-5325;

2. Available to help self-represented litigants through this process and provide information

regarding community resources;

3. CANNOT provide legal advice. For legal assistance, please contact an attorney.

Pg1 Back Family Court Instruction Packet (Rev. 09/27/10) nk

IN THE DISTRICT COURT IN AND FOR THE STATE OF OKLAHOMA, COUNTY OF TULSA

)

Petitioner,

)

) Case No.

and )

) Judge

)

Respondent.

)

TEMPORARY ORDER FINANCIAL DECLARATION

Name:  Petitioner  Respondent

Address:

Employer:

INCOME:

Salary and wages (please attach copies of pay check stubs for the last 3 months):

If paid weekly multiply by 4.3 to get monthly income; If paid every other week multiply by 2.15.

Pension or retirement:

Social Security:

Disability and unemployment:

Public assistance (monthly payments only):

Support from previous marriage:

Rental income:

Any other sources of regular income (dividends, oil royalties, interest, etc.):

DEDUCTIONS FROM INCOME:

Federal taxes (please attach a copy of the most recent federal tax return):

State taxes:

Social Security:

Other (please specify):

Total Net Income:

EXPENSES:

Monthly recurring expenses – list names of all people for whom these expenses are incurred:

Rent or mortgage (list actual expense at time of hearing):

Food and household supplies:

Utilities (water, electricity, gas: average over last 12 months):

Telephone:

Laundry and cleaning:

Clothing:

Medical (only amounts NOT covered by insurance):

Dental (only amounts NOT covered by insurance):

Insurance (specify type and premiums paid monthly):

Child care (state number of children): ___________

Payment of alimony or child support (only include if currently paying):

Children’s school expenses:

Entertainment:

Auto payment:

Auto expense (gas, oil):

Installment payments (charge cards, department stores, etc.):

Total Expenses:

Total Net Income:

 Total Expenses:

Balance:

Known expenses coming due in the next 90 days (insurance, car tags, demand notes, taxes, etc.)

ATTACH COPIES OF PAY CHECK STUBS FOR THE LAST 3 MONTHS

AND A COPY OF THE MOST RECENT FEDERAL TAX RETURN.

RULE DR 5. Discovery

1. Within twenty (20) days of the date of service of summons or no later than 24 hours

before the Parenting Plan Conference, both parties shall exchange copies of the

following documents:

a. An accurate and provable statement of the parties’ gross monthly income

received from all sources within (90) days prior to the date of service;

b. An accurate and provable statement of monthly employment-related child care

expenses;

c. Evidence of medical insurance coverage and premium cost;

d. An accurate and provable list of monthly living expense.

2. No later than 48 hours before a Temporary Order Hearing both parties shall exchange

copies of the following documents:

a. An accurate and provable statement of the parties’ gross monthly income

received from all sources within (90) days prior to the date of the temporary

order hearing;

b. Complete tax returns for three (3) years prior to the date of the temporary order

hearing;

c. An accurate and provable statement of monthly employment-related child care

expenses for 90 days prior to the temporary order hearing

d. Evidence of medical insurance coverage and premium cost;

e. An accurate and provable list of all marital debts, stating the purpose of the debt

and the amount of monthly payments for all existing debts and obligations; and

f. An accurate and provable list of monthly living expense.

3. All additional discovery shall be commenced within forty-five (45) days of the date of

service of summons or notice of hearing, absent agreement of the parties or an order

of the Court.