Temporary Orders for Divorce

NOW on this___ day of ___________, 20__, the above-captioned and styled cause comes on for hearing on the Petitioner’s Application for Temporary Orders. The Petitioner, ______________, appears in person and through his/her attorney, Timothy J. Pickens.  The Respondent, _______________, appears inperson and through her attorney, _________________________.

The Court having examined the files and records herein, having considered the evidence and being otherwise fully advised in the premises FINDS:

Jurisdiction. This Court has continuing and exclusive jurisdiction over the parties and subject matter of this action pursuant to the applicable provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) 43 OS §§ 551-101 et seq.; the Parental Kidnapping Prevention Act (“PKPA”) 28 USC § 1738; the Uniform Interstate Family Support Act (“UIFSA”) 43 OS §§ 601-100 et seq.; and the Full Faith and Credit of Child Support Orders Act (“FFCCSA”) 28 USC § 1738B.  Neither the federal (25 USC §1901 et seq.) nor state (10 OS §§ 40 et seq.) Indian Child Welfare Acts apply to these proceedings.

Custody. The Petitioner/Respondent should be granted custody of the parties’ minor child/children, namely: Name of Child No. 1, born birth date of child 1; Name of Child No. 2, born birth date of child 2; and, Name of Child No. 3, born birth date of child 3, during the pendency of this action.

Visitation. The Petitioner/Respondent shall have the right to exercise the following minimum visitation with the minor child/children as shown on the Visitation Schedule attached as “Exhibit 1”.

Transportation. The parties shall share equally all transportation and transportation costs associated with visitation. OR set forth order regarding transportation

Parenting Class. Both parties are Ordered to attend a parenting class which meets the requirements of Administrative Order C-1996-01. Proof of completion of this course shall be filed in the case at or before the final hearing in the matter.

Conduct of Parents. The Judicial Order for Proper Conduct of Separated or Divorced Parents filed separately in this matter is incorporated into and made a part of this Temporary Order.

Information regarding Minor Child/Children. Each parent shall provide the other parent promptly with information concerning the well-being of the minor child/children. This information includes but is not limited to: (a) results of standardized or diagnostic tests; (b)  notices of activities involving the child; and, (c) all communication from health care providers, and counselors.

Child Support. The Petitioner/Respondent shall pay to the Petitioner/Respondent child support for the child/children’s maintenance and care according to the Oklahoma Child Support Guidelines.  The Petitioner’s gross monthly income is $_______ Amount of income.  The Respondent’s gross monthly income is $________Amount of Income. The Petitioner/Respondent shall pay, as reasonable child support the sum of $_______ Amount of Child Support in Dollars and 00/100 Dollars (Numeric amount of child support) per month for the care and maintenance of the child /children (as shown on the Child Support Computation Schedule attached as Exhibit “2”).  The child support payments are payable on the day of month payments are due day of the each month beginning on Month and day child support payments begin, Year, and a like sum on the same day of each month thereafter.

Income Assignment. Pursuant to 43 O.S. §115(B) and 12 O.S. §1171.3(J), Petitioner/Respondent’s child support payments to the Petitioner/Respondent shall be paid by an income assignment on the day of month child support payments are due day of each month until the child/children reaches/reach the age of majority or until further Order of this Court.

Health Insurance on Child/Children.  The Petitioner/Respondent shall keep in force and effect medical and dental insurance on the parties’ minor child/children during the pendency of this action.  The Petitioner shall pay Percentage to be paid by Petitioner% and Respondent shall pay Percentage to be paid by Respondent% of all reasonable and necessary medical, dental, orthodontic, optometrical, psychological or any other physical or mental health expenses of the child/children not reimbursed by insurance, including the deductible thereon, during his/her/their minority.

Summons With Automatic Temporary Injunction. The relief sought in the Application for Temporary Orders is in addition to the relief granted by the Automatic Temporary Injunction that went into effect upon the service of the Summons.

Relocation of Party.  If either party to this action, intends to move his or her primary residence (applies to moves by non-custodial parent too), or intends to move the primary residence of a 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, such move is governed by the provisions of the Order contained in Exhibit “3”.

Health Insurance for Petitioner/Respondent. The Petitioner/Respondent shall keep in force and effect medical and dental insurance on the Petitioner/Respondent during the pendency of this action.  Each party will pay their own co-pay.

Marital Property. Each party shall have exclusive possession of the following items of property during the pendency of this action:

Petitioner:

All personal property acquired by him/her prior to marriage, including but not limited to:

(1)       List

All separate property acquired by him/her since the date of separation;

If Applicable: The marital residence located at (Address);

Exclusive temporary possession of the following marital property:

(1)       Vehicle to be used by Petitioner,

(2)       The following household furnishings:

(a)       List

Respondent:

All personal property acquired by him/her prior to marriage, including but not limited to:

(1)       List

  1. All separate property acquired by him/her since the date of separation;
  2. If Applicable: The marital residence located at (Address);
  3. Exclusive temporary possession of the following marital property:

(1)       The Vehicle to be used by Respondent,

(2)       The following household furnishings:

(a)       List

Marital Debts. Each party shall service the following debts during the pendency of this action:

Petitioner:

The following marital debts:

Creditor’s Name For Balance Mo Payment
TOTAL

All individual debts incurred by him/her prior to marriage or since the date of separation.

Respondent:

The following marital debts:

Creditor’s Name For Balance Mo Payment
TOTAL

All individual debts incurred by him/her prior to marriage or since the date of separation.

Optional Paragraphs

Mutual Restraining Order. Both parties are restrained and enjoined from certain conduct as set forth in the Automatic Temporary Injunction (“ATI”) that went into effect upon the service of the Summons in this Case.  All the terms and provisions of the ATI shall remain in full force and effect, until further order of this Court.

Further, both parties are restrained and enjoined from either going to the other parties’ residence or being around the other party wherever he or she may be except for purposes of exercising agreed-to visitation with the parties’ children.

Temporary Spousal Support. The Petitioner/Respondent shall pay to the Petitioner/Respondent for temporary spousal support the sum of $amount of monthly support per month payable on the Date Monthly Payment Is Due day of Month Support Begins, Year, and the Date Monthly Payment Is Due day of each month thereafter during the pendency of this action.

Attorney Fees and Court Costs. The Court withholds any ruling with respect to attorney’s fees and litigation expenses until after a trial on the merits.

  Judge of the District Court

 

Approval Lines for Both Attorneys and Both Parties

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